Law Viewer

Back Home

ENFORCEMENT DECREE OF THE INFORMATION AND COMMUNICATIONS CONSTRUCTION BUSINESS ACT

Wholly Amended by Presidential Decree No. 20667, Feb. 29, 2008

Amended by Presidential Decree No. 20896, Jul. 3, 2008

Presidential Decree No. 21098, Oct. 29, 2008

Presidential Decree No. 21235, Dec. 31, 2008

Presidential Decree No. 21419, Apr. 6, 2009

Presidential Decree No. 21626, Jul. 7, 2009

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22297, Jul. 21, 2010

Presidential Decree No. 22467, Nov. 2, 2010

Presidential Decree No. 22772, Mar. 29, 2011

Presidential Decree No. 23959, Jul. 17, 2012

Presidential Decree No. 24155, Oct. 29, 2012

Presidential Decree No. 24445, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25560, Aug. 27, 2014

Presidential Decree No. 25652, Oct. 14, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26167, Mar. 30, 2015

Presidential Decree No. 26834, Dec. 31, 2015

Presidential Decree No. 27115, Apr. 29, 2016

Presidential Decree No. 27229, jun. 21, 2016

Presidential Decree No. 28210, Jul. 26, 2017

Presidential Decree No. 28801, Apr. 17, 2018

Presidential Decree No. 29057, Jul. 24, 2018

Presidential Decree No. 29269, Oct. 30, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated under the Information and Communications Construction Business Act and matters necessary for the enforcement thereof.
 Article 2 (Scope of Construction Projects)
(1) The projects for the installation, maintenance and repair of information and communications facilities and projects appurtenant thereto under subparagraph 2 of Article 2 of the Information and Communications Construction Business Act (hereinafter referred to as the "Act") shall be as follows:
1. Projects for communications facilities under the statutes related to telecommunications and radio waves;
2. Projects for broadcasting facilities under the statutes related to broadcasting, including the Broadcasting Act;
3. Projects for information facilities for the control, storage, and processing of information by using information and communications facilities in accordance with the statutes related to information and communications;
4. Projects for electric facilities exclusively for information and communications, except for electric power facilities;
5. Projects appurtenant to the projects prescribed in subparagraphs 1 through 4;
6. Projects for the maintenance and repair of facilities prescribed in subparagraphs 1 through 5.
(2) The types of projects under paragraph (1) shall be as prescribed in attached Table 1.
 Article 3 (Scope of Service Providers)
"Information and communications-related areas determined by Presidential Decree" in subparagraph 7 of Article 2 of the Act means information and communications, information management, industrial measurement and control, computer, computer system application, electronic application, and railway signalling. <Amended by Presidential Decree No. 22772, Mar. 29, 2011>
 Article 4 (Exceptions to Restrictions on Construction Projects)
(1) The scope of a minor construction project that a person other than an information and communications construction business entity (hereinafter referred to as "construction business entity") can be awarded a contract for or can perform under subparagraph 2 of Article 3 of the Act shall be as follows: <Amended by Presidential Decree No. 23959, Jul. 17, 2012; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28801, Apr. 17, 2018>
1. A project for installing radio facilities of a radio station, amateur radio station, and experimental station;
2. A project for private wire broadcasting facilities, private broadcasting facilities, and closed-circuit television facilities in a building with a total floor area of at least 1,000 square meters (referring to the aggregate of total floor area of respective buildings, where the facilities are to be installed spanning at least two buildings; hereinafter the same shall apply);
3. A project for private communications line facilities not exceeding five lines, which are to be installed in a building;
4. A project for expanding a local area network (LAN) not exceeding five lines without any expansion of a router or hub;
5. Any of the following projects, in which only small and medium software business entities can participate pursuant to Article 24-2 (2) of the Software Industry Promotion Act (excluding projects for installing a local area network (LAN) with at least six lines):
(a) Installation and maintenance of a computer system, including a server, backup equipment, and peripherals (hereinafter referred to as "computer system");
(b) Replacement or improvement of a computer system;
(c) Installation of peripherals to improve the performance of a main computer system;
(d) Installation of information systems not connected to private telecommunications lines, broadcasting, and security facilities in a building with a total floor area of up to 1,000 square meters;
(e) Installation of information systems in which the percentage of software-related cost (including costs for software development, maintenance, and database construction) is at least 80 percent of the total project cost, excluding the cost for the purchase of hardware;
6. A project for emergency operations of the military or police, determined by the Minister of Science and ICT following consultation with the heads of relevant central administrative agencies;
7. Any of the following projects determined and publicly notified by the Minister of Science and ICT:
(a) Installation or expansion of the terminals of information and communications facilities, telephones for vehicles, etc.;
(b) Relocation, modification, expansion, replacement, etc. of radio communications facilities;
(c) Maintenance and repair of the internal information and communications facilities;
8. A project determined and publicly notified by the Minister of Science and ICT, the technology levels of which are similar to those prescribed in subparagraphs 1 through 4, and 7 (a) and (b).
(2) "Where the installation of cable tunnels, or the installation of underground conduits for information and communications to be installed concurrently with road construction, is contracted out or performed as prescribed by Presidential Decree" in subparagraph 3 of Article 3 of the Act means that either of the following persons is awarded a contract or performs the project solely or jointly with another construction business entity: <Amended by Presidential Decree No. 22772, Mar. 29, 2011>
1. For the installation of cable tunnels, a person registered for civil engineering business or civil and architectural engineering business under Article 9 of the Framework Act on the Construction Industry;
2. For the installation of underground conduits for information and communications concurrently with road construction as an appurtenant thereto, a person who constructs the relevant road as a subcontractor.
CHAPTER II DESIGN AND SUPERVISION OF PROJECTS
 Article 5 (Technical Standards for Design)
"Technical standards determined by Presidential Decree" in Article 6 (1) of the Act means the following technical standards: <Amended by Presidential Decree No. 21235, Dec. 31, 2008; Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 28801, Apr. 17, 2018>
3. Technical standards under Article 79 (1) of the Broadcasting Act;
4. Technical standards under Article 87 (5) of the Enforcement Decree of the Building Act and Articles 32, 32-2, 39, and 42 of the Regulations on Standards, etc. for Housing Construction;
5. Technical standards relating to construction design, etc. to be determined by the Minister of Science and ICT under other statutes.
 Article 6 (Scope of Projects Requiring Design)
(1) A project for which an order for design shall be placed to a service provider under Article 7 of the Act shall be the one that does not fall under any of the following projects:
1. Minor projects in Article 4;
2. Emergency restoration and appurtenant projects thereto in the aftermath of a natural disaster or emergency disaster;
3. A project for cable tunnel facilities in attached Table 1;
4. A project for replacing or improving existing facilities that do not require new design drawings.
(2) Notwithstanding paragraph (1), in cases of any of the following projects the design of which is prepared by an information and communications engineer in the technical field in attached Table 6 who is employed by the project owner, in accordance with related statutes, the project owner may choose not to place an order to a service provider: Provided, That the relevant employee shall be qualified as a technician appropriate for the scale of the project intended for design under Article 11 (1). In such cases, "special grade supervisor" in Article 11 (1) shall be construed as "special grade engineer," "senior supervisor or higher" as "senior engineer or higher," "intermediate supervisor or higher" as "intermediate engineer or higher," and "junior supervisor or higher" as "junior engineer or higher," respectively: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. A project that requires confidentiality in connection with national defense, national security, etc.;
2. A project to be performed by any of the following agencies:
(a) The State or a local government;
(b) A local government-invested corporation established under the Local Public Enterprises Act;
(c) Other information and communications-related public agencies determined and publicly notified by the Minister of Science and ICT;
3. Any project, the total project cost (referring to the amount wherein the cost of material supplied by the project owner is included in the contract price; hereinafter the same shall apply) of which is less than 100 million won, other than those in subparagraphs 1 and 2.
 Article 7 (Duty of Preserving Design Drawings)
Pursuant to Article 7 (3) of the Act, the design documents of a project shall be preserved in accordance with the following standards:
1. The owner of an object of a project shall keep the execution and completion design documents of the project until the removal of the object: Provided, That where the owner has any ground for difficulty in keeping them, a management authority shall preserve them; and where such execution and completion design documents are amended due to the replacement of facilities, etc., such amended documents shall be kept;
2. A service provider who has designed a project shall keep the execution design documents he/she has produced or provided for five years after the completion of the project;
3. A service provider who has supervised a project shall keep the completion design documents of the project he/she has supervised until the expiry of the warranty period of project.
 Article 8 (Scope of Projects Subject to Supervision)
(1) A project for which an order of supervision shall be placed to a service provider under Article 8 of the Act shall be the one not falling under Article 6 (1) nor any of the following projects: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. A project to provide telecommunications services by a telecommunications business entity under the Telecommunications Business Act, the total project cost of which is less than 100 million won;
2. A project to prevent safety hazards and disasters and to operate and manage, such as information control, etc., of facilities for railway, urban railway, roads, broadcasting, harbor, aviation, oil pipelines, gas pipelines, and water supply and sewerage systems, the total project cost of which is less than 100 million won;
3. A project to install information and communications facilities in a building of less than six floors and with a total floor area of less than 5,000 square meters: Provided, That any project to provide telecommunications services by a telecommunications business entity under the Telecommunications Business Act or to prevent safety hazards and disasters and to operate and manage, such as information control, etc. of facilities for railway, urban railway, roads, broadcasting, harbor, aviation, oil pipelines, gas pipelines and water supply and sewerage, the total project cost of which is more than 100 million won, shall be excluded herefrom;
4. A minor construction project prescribed in Article 4 (1) to newly install facilities, other than those to be replaced or improved;
5. Other projects to install information and communications facilities determined and publicly notified by the Minister of Science and ICT, as projects not affecting public communications.
(2) Notwithstanding paragraph (1), in cases of a project in Article 6 (2) 1 or 2 that is supervised by a supervisor qualified under attached Table 2 employed by a project owner, the project owner may choose not to place an order to a service provider: Provided, That the relevant employee shall be qualified as a technician appropriate for the scale of the project intended for supervision under Article 11 (1).
(3) The following facilities in which information and communications equipment are installed shall be included in calculating the number of floors and total floor area of a building: <Amended by Presidential Decree No. 28801, Apr. 17, 2018>
1. Basement;
2. Stall;
3. Storehouse and garage;
4. Other works or structures similar thereto.
 Article 9 (Applications, etc. for Recognition as Supervisors)
(1) A person who intends to be recognized as a supervisor under Article 8 (3) of the Act shall submit an application for recognition as a supervisor along with his/her certificate of graduation (applicable only where the entry of educational background is required) and his/her work experience certificate to the Minister of Science and ICT. In such cases, the Minister of Science and ICT shall verify the following documents by sharing administrative information under Article 36 (1) of the Electronic Government Act; and if the applicant does not consent to such verification, he/she shall be required to submit the relevant documents (referring to a copy of national technical qualification certificate in cases of falling under subparagraph 1, and including a copy of alien registration certificate issued under Article 33 of the Immigration Act in cases of falling under subparagraph 2): <Amended by Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. A national technical qualification certificate (applicable only to holders of national technical qualification certificates);
2. A certificate of fact of alien registration under Article 88 (2) of the Immigration Control Act (applicable only to foreigners).
(2) A supervisor who intends to obtain the recognition of the change of his/her grade shall submit an application for change of supervisor grade along with the following documents to the Minister of Science and ICT: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28801, Apr. 17, 2018>
1. A Work experience certificate;
2. A supervisor's license;
3. A certificate of graduation.
(3) A person who intends to obtain the recognition of his/her work experience as a supervisor shall submit an application for recognition of work experience as a supervisor along with his/her work experience certificate to the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) The Minister of Science and ICT shall issue or re-issue a supervisor's license to an applicant for recognition as a supervisor under paragraph (1) or for change of his/her grade under paragraph (2). <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(5) Where a supervisor intends to have his/her supervisor's license re-issued because it is lost or unusably worn-out, he/she shall submit an application for re-issuance of his/her supervisor's license along with the existing license (applicable only where it becomes unusable because it is worn out) to the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(6) Upon issuing or reissuing a supervisor's license under paragraph (4), the Minister of Science and ICT shall record such fact in a register of issuance of supervisors' licenses in order of serial numbers. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(7) If a supervisor requests confirmation of his/her work experience to present his/her supervision capability to a project owner, service provider, etc., the Minister of Science and ICT may issue the supervisor's work experience certificate. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 10 (Qualification Standards, etc. for Supervisors)
(1) Standards for qualification as supervisors in Article 8 (4) of the Act shall be determined by grade, and the detailed standards by grade shall be as prescribed in attached Table 2.
(2) The Minister of Science and ICT shall keep and maintain the records related to the grades, work experience, etc. of persons recognized as supervisors under Article 8 (4) of the Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 11 (Standards for Placement of Supervisors, etc.)
(1) A service provider shall place a person deemed appropriate for the size and type of the relevant project at a work site under Article 8 (7) of the Act, and shall place a person who manages overall supervision over the relevant project in accordance with the following standards: Provided, That the same shall not apply during the period of suspension of the project: <Amended by Presidential Decree No. 28801, Apr. 17, 2018>
1. A project, the total cost of which is at least ten billion won: A special engineer (limited to those with professional engineer license);
2. A project, the total cost of which is at least seven billion won, but less than ten billion won: A special supervisor;
3. A project, the total cost of which is at least three billion won, but less than seven billion won: A senior supervisor or higher;
4. A project, the total cost of which is at least 500 million won, but less than three billion won: An intermediate or higher;
5. A project, the total cost of which is less than 500 million won: A junior supervisor or higher.
(2) When a service provider places a supervisor at a work site under paragraph (1), he/she shall notify the relevant project owner of the details of placement; and he/she shall obtain prior approval of the project owner to replace a placed supervisor.
(3) No service provider shall assign one supervisor with the supervision over at least two projects: Provided, That the same shall not apply to any of the following projects for which such assignment is approved by the project owner: <Amended by Presidential Decree No. 25560, Aug. 27, 2014; Presidential Decree No. 28801, Apr. 17, 2018>
1. A project falling under either of the following, the total cost of which is less than 200 million won:
(a) A same-type project performed in the same Si (including the Special Metropolitan City, Metropolitan Cities, and Special Self-Governing City) or Gun;
(b) A same-type project performed in an area located less than 20 km away from the construction site in a straight line;
2. A same-type project newly performed at the work site where a project is already being performed.
(4) If there is any change in the total construction cost due to design changes, price fluctuations, or other factors after a supervisor is assigned in accordance with the standards specified in the subparagraphs of paragraph (1) or subparagraph 1 of paragraph (3), the service provider shall re-assign supervisors in consideration of the changed cost: Provided, That if such change does not exceed 10/100 of the initial total construction cost, the supervisor already assigned may continue to conduct supervision. <Newly Inserted by Presidential Decree No. 28801, Apr. 17, 2018>
(5) If a supervisor leaves a work site during the period of supervision to receive education prescribed by any related statutes or due to a disease or a paid leave, the service provider shall take necessary measures to avoid any impediment to supervision affairs. <Amended by Presidential Decree No. 28801, Apr. 17, 2018>
 Article 12 (Scope of Duties of Supervisors)
The scope of duties of a supervisor under Article 8 (7) of the Act shall be as follows:
1. Review of project plans and time schedule of work;
2. Review and confirmation of a detailed execution drawings produced by a construction business entity;
3. Prior review of whether the details of design documents and execution drawings are appropriate for the site conditions, feasibility, etc. of performance of a project;
4. Confirmation on whether a project is being executed appropriately in accordance with the design documents and the related regulations;
5. Examination and inspection of the part where the progress of the project has been made;
6. Review and confirmation of the specifications and suitability of material used;
7. Confirmation of disaster prevention measures and safety management;
8. Review and confirmation of the matters concerning the revision of design;
9. Review of the feasibility of subcontracting;
10. Review of completion design documents and confirmation of completion.
 Article 13 (Corrective Measures against Supervisors)
(1) An order for correction, etc. issued under Article 10 of the Act shall be as follows:
1. An order for correction;
2. A request to replace a supervisor (applicable only if the supervisor fails to perform an order for correction referred to in subparagraph 1).
(2) In cases of falling under paragraph 1 (2), a service provider shall comply with the request unless any justifiable ground exists otherwise.
 Article 14 (Notification of Results of Supervision)
Upon completing supervision of a project under Article 11 of the Act, a service provider shall notify the project owner of the results of supervision including the following matters within seven days from the date the project is completed:
1. Dates of commencement and completion of the project;
2. Name of the construction business entity;
3. Evaluation results of the performance of the project;
4. Specifications of materials used and evaluation results of the suitability thereof;
5. Evaluation results of the adequacy of the placement of information and communications engineers.
 Article 15 (Restrictions on Supervision by Construction Business Entities)
"Relationship between a parent company and a subsidiary prescribed by Presidential Decree" in subparagraph 1 of Article 12 of the Act means a case falling under subparagraph 2 of Article 2 of the Monopoly Regulation and Fair Trade Act.
CHAPTER III PERFORMANCE OF PROJECTS
SECTION 1 Registration, etc. of Construction Businesses
 Article 16 (Application, etc. for Registration of Construction Business)
(1) A person who intends to apply for registration of construction business under Article 14 (1) of the Act shall submit an application (or application in electronic form) for registration of information and communications construction business along with the following documents (including documents in electronic form) to a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the area in which his/her main business office is located: <Amended by Presidential Decree No. 21098, Oct. 29, 2008; Presidential Decree No. 21235, Dec. 31, 2008; Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 25560, Aug. 27, 2014; Presidential Decree No. 25652, Oct. 14, 2014; Presidential Decree No. 27229, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
1. A document wherein the personal information of the applicant (in cases of a corporation, executives, including its representative), such as the name, resident registration number and address, is stated (in cases of a foreigner, referring to a copy of alien registration certificate issued under Article 33 of the Immigration Control Act): Provided, That where the inevitable reason that an applicant (referring to any executive officer including the representative where an applicant is a corporation) who is a foreigner can not attach a copy of his/her alien registration certificate is deemed well-founded, that copy may be replaced by a document determined and publicly notified by the Minister of Science and ICT;
2. A business consulting report;
3. A list of information and communications engineers and copies of the relevant engineers' career pocket books;
4. A certificate issued under subparagraph 2 of Article 15;
5. A document verifying that he/she has an office: A copy of lease contract (to be submitted only if he/she has leased an office), and a certificate of completion of erection of a temporary building (to be submitted only if the office is a temporary building subject to reporting under Article 20 (3) of the Building Act).
(2) Upon receipt of an application for registration under paragraph (1), a Mayor/Do Governor shall verify the following documents by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where an applicant does not consent to verification of the documents referred to in subparagraph 1, 4, or 5 he/she shall be required to submit the relevant documents: <Amended by Presidential Decree No. 21098, Oct. 29, 2008; Presidential Decree No. 21235, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 25652, Oct. 14, 2014 Presidential Decree No. 27229, Jun. 21, 2016>
1. A certificate of fact of alien registration under Article 88 (2) of the Immigration Control Act (applicable only where the applicant is a foreigner);
2. A corporation registration certificate;
3. A certified copy of the building registry (it can be substituted by a certified copy of building ledger, if it is owned or rent by the applicant);
4. A building permit, if it is a temporary building subject to permission under Article 20 (2) of the Building Act;
5. A subscription certificate of a National Pension subscriber or a certificate of acquisition and loss of the entitlement to the Health Insurance of the information and communications engineer).
(3) Where a corporation intends to apply for registration of construction business, the application shall be filed in the name of the representative entered in the register.
(4) A business consulting report in paragraph (1) 2 shall be prepared in accordance with the Outlines of Management Consulting of Information and Communications Construction Business determined and publicly notified by the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 17 (Validity of Appended Documents and Supplementation of Applications, etc.)
(1) Each document under Article 16 (1) shall remain in effect and shall have been issued within 30 days before the date of application for registration of construction business. <Amended by Presidential Decree No. 21235, Dec. 31, 2008>
(2) If an application for registration of construction business or document appended thereto falls under any of the following cases, a Mayor/Do Governor shall have it supplemented by fixing a period:
1. Where any document that shall be appended is not appended;
2. Where any details that shall be entered in the application and document appended thereto are not entered or the entered details are not specific.
 Article 18 (Issuance, etc. of Registration Certificates and Registration Pocket Books)
(1) Upon accepting registration of construction business under Article 14 (1) of the Act, a Mayor/Do Governor shall issue a registration certificate of information and communications construction business (hereinafter referred to as "registration certificate") and a registration pocket book of information and communications construction business (hereinafter referred to as "registration pocket book") to the applicant. In such cases, he/she shall recollect the registration certificate or registration pocket book, if any, which has already been issued.
(2) In issuing a registration certificate or registration pocket book under paragraph (1), a Mayor/Do Governor shall require the applicant to submit the career handbook of an information and communications engineer and shall record necessary matters therein.
(3) A construction business entity shall post the registration certificate inside the main business office, and shall present the registration pocket book if requested by any related person.
(4) Where a registration certificate or registration pocket book is lost, unusably worn out, or short of space in a column to fill in, a construction business entity may apply for the reissuance thereof; and if it becomes unusable due to its being worn out or lack of space of column to fill in, such application shall be filed by appending the relevant registration certificate or registration pocket book.
 Article 19 Deleted. <by Presidential Decree No. 26167, Mar. 30, 2015>
 Article 20 (Construction Business Register)
(1) Upon completing registration of construction business under Article 14 (1) of the Act, a Mayor/Do Governor shall prepare and keep a construction business register.
(2) Upon issuing a registration certificate or registration pocket book under Article 18, a Mayor/Do Governor shall record such fact in a register of issuance of registration certificates and registration pocket books of information and communications construction business in order of serial numbers.
(3) If a construction business entity moves the location of his/her main business office to a district under the jurisdiction of another Mayor/Do Governor, a Mayor/Do Governor shall send a duplicate of the construction business register prepared under paragraph (1) to the Mayor/Do Governor having jurisdiction over the location of a new business office.
 Article 21 (Criteria for Registration)
(1) "Technical ability, capital (for individuals, the amount of asset valuation; hereinafter the same shall apply) or an office prescribed by Presidential Decree" in subparagraph 1 of Article 15 of the Act means the technical ability, capital or office prescribed in attached Table 3.
(2) "Not less than the amount prescribed by Presidential Decree" in subparagraph 2 of Article 15 of the Act means at least 10/100 of the base amount of capital prescribed in attached Table 3.
(3) "Cases that are in violation of restrictions under this Act or any other statute under subparagraph 4 of Article 15 of the Act" means any of the following cases:
1. Where the applicant is subject to restriction on his/her qualifications for participation in tendering procedures as an inappropriate business entity under the Act on Contracts to Which the State Is a Party or the Act on Contracts to which a Local Government Is a Party, the period of such restriction shall have not been passed;
2. Where the applicant is subject to suspension of construction business, the period of such suspension shall have not been passed;
3. Where the applicant violates any of the restrictions imposed under this Act, this Decree, or any other statute, in addition to such cases falling under subparagraph 1 or 2.
[This Article Wholly Amended by Presidential Decree No. 25560, Aug. 27, 2014]
 Article 22 (Reporting on Transfer, etc. of Construction Business)
(1) Where a construction business entity intends to report transfer of his/her construction business, or merger of corporations under Article 17 (1) of the Act, the following parties shall jointly prepare a report and submit it to the competent Mayor/Do Governor within 30 days from the date the transfer contract is concluded (referring to the date of registration of the split-off, or split and merger, in cases of a report on transfer of construction business through a split-off, or split and merger) or the merger of corporations is registered: <Amended by Presidential Decree No. 22772, Mar. 29, 2011>
1. In cases of transfer of construction business, transferor and transferee;
2. In cases of merger of corporations, the representatives of respective corporations before the merger and the representative of the corporation established after or surviving the merger.
(2) In filing a report under paragraph (1), a report (including a report in electronic form) on transfer of construction business, or merger of corporations shall be accompanied by the following documents (including documents in electronic form): <Amended by Presidential Decree No. 22772, Mar. 29, 2011>
1. A copy of the transfer contract (referring to a plan for split-off or a contract for split and merger, in cases of a split-off, or split and merger) or the contract for merger of corporations;
2. Documents referred to in under Article 16 (1). In such cases, a business consulting report referred to in Article 16 (1) 2 shall be based on the date on which the transfer contract is concluded (referring to the date of registration of split-off, or split and merger, in cases of a split-off, or split and merger) or the merger is registered;
3. Registration certificates and registration pocket books;
4. A written consent of the project owner or a document verifying the termination of the contract of the relevant project (applicable only to a report on a transfer where any project is being performed);
5. Current status (referring to the project owner, project cost, project period, warranty period, and other matters of the project) on the project (applicable only to a project, the warranty period of which has not elapsed);
6. Current status of subcontracted projects and unpaid subcontract amount (applicable only where any project is subcontracted or the subcontract amount is unpaid);
7. Copies of resolutions on the merger adopted by the general meetings of two corporations which are the parties to the merger (applicable only to a report on merger of corporations which are stock companies or limited companies).
(3) Upon receiving a report under paragraph (2), a Mayor/Do Governor shall verify the following documents by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where a reporting person does not consent to verification of the matters referred to in subparagraph 1, 4 through 6, he/she shall be required to submit the relevant documents: <Amended by Presidential Decree No. 21098, Oct. 29, 2008; Presidential Decree No. 21235, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 25652, Oct. 14, 2014; Presidential Decree No. 27229, Jun. 21, 2016>
1. A certificate of fact of alien registration under Article 88 (2) of the Immigration Control Act (applicable only where the reporting person, or the representative or executive of a corporation is a foreigner);
2. A corporation registration certificate;
3. A certified copy of the building registry (it can be substituted by a certified copy of building ledger, if it is owned or leased by the reporting person);
4. Certificates of payment of national taxes and local taxes by the transferor (applicable only to a report on a transfer);
5. A building permit, if it is a temporary building subject to permission under Article 20 (2) of the Building Act;
6. A subscription certificate of a National Pension subscriber or a certificate of acquisition and loss of the entitlement to the Health Insurance of the information and technology engineer.
(4) Articles 17, 18 and 20 shall apply mutatis mutandis to reports on transfer of construction business or reports on merger of corporations. <Amended by Presidential Decree No. 27229, Jun. 21, 2016>
(5) In any of the following cases, a Mayor/Do Governor may request a transferor or transferee to take appropriate measures, such as supplementation of a transfer contract:
1. Where the submission of opinions by the interested persons is deemed well-grounded;
2. Where the criteria for registration, etc. of the transferor is deemed inappropriate as a result of examination thereof;
3. Where any term and condition of transfer of construction business is deemed in contravention of Article 19 of the Act.
(6) Paragraph (5) shall apply mutatis mutandis to processing of reports on merger of corporations.
 Article 23 (Changes to Be Reported by Construction Business Entities)
(1) "Matters determined by Presidential Decree” in Article 23 (1) of the Act means the following: <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 25560, Aug. 27, 2014>
1. Location of the business office;
2. The representative;
3. Changes in capital (applicable only where the capital is reduced below the criteria for registration prescribed in attached Table 3, and excluding any change in capital unrelated to the construction business);
4. Information and communications engineers.
(2) A person who intends to report the change of matters under Article 23 (1) of the Act shall file a report (including a report in a form of an electronic document) on the change of information and communications construction business with a Mayor/Do Governor together with documents (including electronic documents) classified under the following subparagraphs, within 30 days from the date the cause therefor occurs: <Amended by Presidential Decree No. 27229, Jun. 21, 2016>
1. Change of trade name or title: No relevant documents;
2. Change of the location of the business office: Documents under Article 16 (1) 5;
3. Change of the representative: Documents specifying the personal matters of the new representative such as his/her name, resident registration number and address;
4. Change in capital: Documents under Article 16 (1) 2;
5. Change of an information and communications engineer: A copy of his/her career pock book.
(3) A Mayor/Do Governor who receives a report in accordance with paragraph (2) shall verify the documents falling unde each of the following subparagraphs (only in cases of falling under any of the subparagraph 1 through 3 and 5 of paragraph (2)) through the common use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That the applicant refuse to consent to verification on any matter referred to un suaparagraphs 1, 3, and 4, The Mayor/Do Governor shall have him/her attach the relevant documents (referring to a copy of the business registration certificate in cases of the business registration certificate, and including a copy of alien registration certificates in cases of foreigners): <Amended by Presidential Decree No. 27229, Jun. 21, 2016>
1. A business registration certificate;
2. A corporation registration certificate (only in case of a corporation;
3. An alien registration certificate (only in case of a foreigner);
4. A subscription certificate of a National Pension subscriber or a certificate of acquisition and loss of the entitlement to the Health Insurance (only in case of an information and communications engineer).
(4) A Mayor/Do Governor who receives a report on change under paragraph (2) shall require the construction business entity to submit his/her/its registration certificate and registration pocket book and shall issue them by specifying the changed matter therein. <Newly Inserted by Presidential Decree No. 27229, Jun. 21, 2016>
(5) Article 17 shall apply mutatis mutandis to reports on change filed by a construction business entity.
 Article 24 (Closure of Business to Be Reported by Construction Business Entities)
(1) A person who intends to close his/her business due to a cause falling under any subparagraph of Article 23 (2) of the Act shall submit to a Mayor/Do Governor a report (including a report in electronic form) on the closure of information and communications construction business within 30 days from the date the cause therefor occurs.
(2) A report under paragraph (1) shall be accompanied by a registration certificate and registration pocket book.
(3) Upon receipt of a report on the closure of business under paragraph (2), a Mayor/Do Governor shall verify the certificate of fact of business closure or the business registration certificate reported to the competent tax office under the Value-Added Tax Act, by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where the reporting person does not consent to such verification, he/she shall be required to append the relevant documents. <Amended by Presidential Decree No. 22151, May 4, 2010; Presidential Decree No. 22467, Nov. 2, 2010>
 Article 24-2 (Entrustment of Research and Investigation Affairs)
(1) “Institution or organization satisfying the requirements prescribed by Presidential Decree” referred to in Article 24-3 (3) of the Act means an institution or organization satisfying the following requirements:
1. It shall be an institution or organization falling under any of the following items:
(a) A research institute established in accordance with the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
(b) A research institute incidental to any of the schools under Article 2 of the Higher Education Act;
(c) A non-profit corporation under Article 32 of the Civil Act;
2. It shall satisfy all of the following items:
(a) To hold research manpower and organizations related to construction business;
(b) To have research accomplishments related to construction business;
(c) To operate a system for cooperation with the industrial circles and academic circles.
(2) The Minister of Science and ICT shall, in cases of entrusting research and institution affairs in accordance with Article 24-3 (3) of the Act, publicly notify the entrusted institutions or organizations and the content of entrusted affairs. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 27229, Jun. 21, 2016]
SECTION 2 Contract and Subcontract
 Article 25 (Exception to Separation of Contracts)
"Cases determined by Presidential Decree, where it is difficult to separate a contract due to the nature of projects or technological management" in the proviso to Article 25 of the Act means any of the following cases: <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 28801, Apr. 17, 2018>
1. A large-scale project, such as a tunnel, dam, or bridge, constructed with special technologies including a patented method of construction, in which the locus of warranty responsibility would become unclear or an object cannot be completed, if the contract for such project is separated;
2. A project for underground conduits for information and communications to be installed concurrently with road construction as an appurtenant thereto, in which an object cannot be completed, if the contract for such project is separated;
3. An emergency restoration project in the aftermath of a natural disaster or emergency disaster, in which it is impractical to separate the contract;
4. A project that requires confidentiality in connection with national defense, national security, etc., in which it is impractical to separate the contract;
5. A project for underground conduits for information and communications under attached Table 1, in which it is impractical to separate the contract;
6. A minor project falling under any subparagraph of Article 4 (1).
 Article 26 (Terms and Conditions of Project Contracts)
(1) "Matters determined by Presidential Decree" in Article 26 (2) of the Act means any of the following: <Amended by Presidential Decree No. 21235, Dec. 31, 2008; Presidential Decree No. 22772, Mar. 29, 2011>
1. Details of a project;
2. Where agreement is made on the advance payment of contract price or the payment of an amount of work completed, the timing, methods, and amounts of respective payments;
3. Matters concerning bearing of loss, where a party to a contract requests the modification of design, suspension of project, or cancellation of contract;
4. Matters concerning the scope of immunity from responsibility in the event of a natural disaster, natural calamity, or a force majeure event;
5. Matters concerning the change of the contract price or the details of a project due to the modification of design, price fluctuations, etc.;
6. Inspections for transfer of objects of contract and the timing of transfer;
7. Timing of payment of the contract price after the completion of a project;
8. Where the performance of contract is delayed, matters concerning the compensation for damage, such as payment of penalty for breach of contract, delay charges, etc.;
9. Warranty period and method of warranty;
10. Matters concerning the method of disposal, and recycling, of wastes generated from the relevant project;
11. Matters concerning the payment of funds for occupational safety and health management under Article 30 of the Occupational Safety and Health Act;
12. Matters concerning the amount, and method of bearing of insurance premiums under the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance, pension contributions under the National Pension Act, insurance premiums under the National Health Insurance Act, and other charges to be borne under the statutes in connection with the relevant project;
13. Other matters specified in accordance with other statutes or by mutual agreement.
(2) The Minister of Science and ICT may determine and disseminate the standard form contract concerning the contracts and subcontracts of information and communications construction projects so that contracting parties conclude contracts fairly in equal positions (in cases of a subcontract, referring to the standard form contract for information and communications construction projects recommended by the Fair Trade Commission under the Fair Transactions in Subcontracting Act). <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 27 (Assessment of Performance Capability)
(1) Methods of assessing performance capability under Article 27 (2) of the Act shall be as prescribed in attached Table 4.
(2) In assessing performance capability under paragraph (1), the operation period of construction business and the performance of construction projects of the former construction business entity shall be added up in any of the following cases:
1. Where a corporate construction business entity fully transfers its construction business to a corporation established by or surviving a split-off or split and merger;
2. Where construction business that an individual has operated is transferred for conversion into corporate business (applicable only where an individual whose construction business has been registered establishes a corporation and becomes the representative of the relevant corporation);
3. Where a corporate construction business entity transfers the construction business to convert itself from a partnership company or partnership company to a limited company or stock company;
4. Where corporate construction business entities are merged, or where a corporate construction business entity and a corporation, other than a construction business entity are merged.
(3) The performance capability assessed under paragraph (1) refers to the contract amount of a single construction project that a construction business entity is eligible to perform within one year from the date of public notification thereof (referring to the time the public notification enters into force, if it is separately determined; hereafter the same shall apply in this Article): Provided, That in cases of the performance capability assessed on any of the following grounds, it refers to the contract amount of a single construction project that a construction business entity is eligible to perform from the date of public notification of the relevant performance capability to the date immediately preceding the date of public notification thereof in the following year:
1. Where construction business is registered under Article 14 of the Act;
2. Where construction business is transferred or merged under Article 17 (1) of the Act;
3. Where the performance capability assessed based on false documents submitted under Article 27 (3) of the Act is reassessed.
(4) The Minister of Science and ICT shall issue to a construction business entity a registration pocket book wherein the performance capability assessed under paragraph (1) is recorded, and shall publicly announce the performance capability of each construction business entity on a newspaper or through computer network by July 31 each year: Provided, That in cases of falling under the subparagraphs of paragraph (3), it shall be publicly announced through the computer network at the time the performance capability is assessed. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25560, Aug. 27, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 28 (Reporting on Records of Performance, etc.)
(1) A construction business entity who intends to have its performance capability assessed under Article 27 (3) of the Act shall submit a report on records of performance of information and communications construction projects to the Minister of Science and ICT by not later than February 15 each year (the documents in paragraph (2) 3 shall be submitted by May 10 if it is a corporation, and by July 10 if it is an individual). <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25560, Aug. 27, 2014; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28801, Apr. 17, 2018>
(2) A report under paragraph (1) shall be accompanied by the following documents: Provided, That the same shall not apply to a project, the contract price of which is less than five million won: <Amended by Presidential Decree No. 21235, Dec. 31, 2008; Presidential Decree No. 27229, Jun. 21, 2016; Presidential Decree No. 29269, Oct. 30, 2018>
1. The following documents that prove the records of performance:
(a) In cases of a domestic construction ordered by the State, a local government, a public institution under Article 4 of the Act on the Management of Public Institutions, or a corporation established in accordance with any special Act: A certificate of performance record of information and communications construction issued by the relevant entity placing the order;
(b) In cases of a domestic construction and domestic subcontracted construction (including sub-subcontracted construction): The following documents which are issued by the entity placing an order for the relevant construction or the contractor (referring to the subcontractor in cases of any sub-subcontracted construction) thereof: Provided, That where a certificate of performance record of information and communications construction is impossible to be issued, due to the business closure of the entity placing an order, the contractor or the subcontractor, the document under 1) may be replaced by a document verifying such reason and a copy of the contract for the relevant construction (referring to the subcontract or sub-subcontract therefor in case of any subcontracted or sub-subcontracted construction):
(i) A certificate of performance record of information and communications construction concerning the relevant construction;
(ii) A copy of tax bills (for the preservation of suppliers) under the Value-Added Tax Act or a copy of bills (for the preservation of suppliers) under the Income Tax Act or the Corporate Tax Act;
(c) In cases of any overseas constructions under the Overseas Construction Promotion Act, certificates of completed parts of construction issued by the Overseas Construction Association established under Article 23 of the same Act or certificates on receipt of foreign currencies issued by foreign exchange banks, accompanied by copies of construction contracts;
(d) In cases of any constructions performed by a construction business entity for his/her/its own purpose, certificates of performance of self-demand constructions issued by the supervisors of those relevant constructions;
2. Where the assessment of credit rating is intended under attached Table 4, evidentiary documents therefor;
3. Copies of any of the following documents:
(a) Financial statements (including statement of financial position and statement of profit and loss) submitted to the head of the competent tax office under the Corporate Tax Act or the Income Tax Act;
(b) Financial statements audited by an external auditor under the Act on External Audit of Stock Companies, Etc.;
(c) Financial documents audited by a certified public accountant registered under Article 7 of the Certified Public Accountant Act or an accounting firm registered under Article 24 of the same Act.
 Article 29 (Information Management, etc. concerning Construction Business)
(1) Details of information that can be provided under Article 27 (5) of the Act shall be as follows: <Amended by Presidential Decree No. 21235, Dec. 31, 2008; Presidential Decree No. 28801, Apr. 17, 2018>
1. Records of performance of overall construction businesses, current status of information and communications engineers, and average production per information and communications engineer;
2. Gross records of performance of a construction business entity, and records of performance by type of project;
3. Current status of information and communications engineers employed by a construction business entity;
4. Management status of construction business;
5. Administrative measures imposed on a construction business entity and punitive measures imposed on an unjust business entity;
6. Matters concerning the facts of having been selected as an exemplary constructor by project owners (applicable only to the State, local governments, and public institutions under Article 4 of the Act on the Management of Public Institution), etc.;
7. Information required to promote overseas expansion of information and communications construction, such as information on overseas markets.
(2) Upon receipt of a request from a person who intends to receive information under paragraph (1), the Minister of Science and ICT shall provide it, in writing or via the communications network of a telecommunications business entity within ten days from the date of such request. <Amended by Presidential Decree No. 21235, Dec. 31, 2008; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 30 (Scope, etc. of Subcontract)
(1) A project that a construction business entity is eligible to subcontract under Article 31 of the Act shall be a technically separable independent part of the project contracted, and the scope thereof shall be determined on the basis of a process or section, etc.
(2) The scope of a project that a subcontractor is eligible to further subcontract under the proviso to article 31 (2) of the Act shall be limited to a technically separable independent part of the subcontracted project.
(3) "Technically separable independent part" in paragraphs (1) and (2) means the part that does not affect the completion of a whole project ordered, as it can be clearly distinguished where the responsibility lies, even if it may be performed separately by phase, by section, etc.
 Article 31 (Application, etc. for Approval of Subcontract)
A person who intends to obtain approval of the subcontract or sub-subcontract of an information and communications construction project under Article 31 (3) of the Act shall submit an application for approval of the subcontract or sub-subcontract of an information and communications construction project, along with the following documents: <Amended by Presidential Decree No. 28801, Apr. 17, 2018>
1. A copy of a proposal for a subcontract (sub-subcontract) agreement;
2. A copy of registration pocket book of a subcontractor (sub-subcontractor).
 Article 32 (Methods of Direct Payment, etc. of Subcontract Price by Project Owners)
(1) Method and procedure for the payment under Article 31-5 (3) of the Act shall be as follows:
1. If a project owner confirms that a contractor is unable to pay a subcontract price due to the suspension of payment, bankruptcy, etc., the project owner shall determine the completed part and the amount for the part performed by the subcontractor, and shall notify the subcontractor of the subcontractor's eligibility to claim the subcontract amount directly to the project owner and the amount to be paid;
2. The subcontractor shall claim the direct payment of the subcontract amount within 15 days from the date on which he/she has been notified under subparagraph 1;
3. The project owner shall pay the subcontract price directly to the subcontractor who makes a claim under subparagraph 2, and shall notify the contractor of such fact;
4. The project owner shall determine the priority order for the payment of subcontract prices on the basis of the order of completion or amount of work completed, if several subcontractors exist eligible to claim direct payment; and on the basis of the date of receipt of a request for direct payment under subparagraph 2, if the points of time thereof are the same.
(2) Except as otherwise expressly prescribed by this Decree, Article 9 of the Fair Transactions in Subcontracting Act shall apply mutatis mutandis to the method and procedure for direct payment of subcontract price. <Amended by Presidential Decree No. 22297, Jul. 21, 2010>
 Article 32-2 (Evaluation of Appropriateness, etc. of Subcontract Agreements)
(1) "Where the subcontract price is below the amount corresponding to the ratio prescribed by Presidential Decree" in Article 31-6 (1) 2 of the Act means that the subcontract price (referring to the amount which the amount calculated on the basis of contract unit prices (including direct and indirect labor costs, material costs, and expenses) specified in the detailed statement on calculation of the contract amount of the contractor for the part to be subcontracted, general administrative expenses, profits, and value added tax, but excludes the amount to be borne by the contractor in accordance with the related statutes, such as the cost of materials directly supplied by the contractor to the subcontractor) is less than 82% of the subcontract portion of the contract amount.
(2) The evaluation of the subcontractor's ability to perform projects or terms and conditions of the subcontract agreement under Article 31-6 (1) of the Act shall be conducted on the following items:
1. Subcontractor's ability to perform projects;
2. Appropriateness of the subcontract price.
(3) Where a project owner intends to request the contractor to replace any of its subcontractors or to amend any terms and conditions of the subcontract agreement under Article 31-6 (2) of the Act, he/she shall do so in writing within 30 days from the date he/she becomes aware of the grounds therefor.
(4) The Minister of Science and ICT shall determine and publicly notify matters necessary in relation to the detailed standards for the items of evaluation of subcontractor's ability to perform projects or terms and conditions of the subcontract agreement in paragraph (2), the procedures therefor, etc. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 25560, Aug. 27, 2014]
 Article 33 (Request for Replacement of Subcontractor)
If a project owner intends to request the replacement of a subcontractor under Article 32 (1) of the Act, he/she shall do so in writing within 15 days from the date on which the/she becomes aware of the existence of a ground therefor or within 30 days from the date on which the ground occurs.
SECTION 3 Management of Performance of Projects and Pre-Use Inspection
 Article 34 (Standards, etc. for Placement of Information and Communications Engineers)
(1) An information and communications engineer appropriate for the type of the relevant project shall be placed at a work site under Article 33 (1) of the Act.
(2) A construction business entity shall manage a project by placing an information and communications engineer as a full-time worker at a work site as classified below during the performance of the project: Provided, That the same shall not apply to the period of suspension:
1. A project, the contract price of which is at least 500 million won: An information and communications engineer of an intermediate or higher level;
2. A project, the contract price of which is at least 50 million won but less than 500 million won: An information and communications engineer of a junior or higher level.
(3) An information and communications engineer placed at a work site shall take all safety measures to prevent any danger and hazard incurring from the project and conscientiously perform such duties in accordance with related statutes.
(4) In any of the following cases, a construction business entity may permit one information and communications engineer to manage two projects upon obtaining approval from the project owner: <Amended by Presidential Decree No. 25560, Aug. 27, 2014>
1. A same-type project performed in the same Si (including the Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities) or Gun, the contract amount of which is less than 100 million won;
2. A same-type project newly performed at the work site where a project is already being performed.
 Article 35 (Constructions Subject to Pre-Commencement Design Drawings Verification and Pre-Use Inspection)
(1) "Project determined by Presidential Decree" in Article 36 (1) of the Act means a project to install private telecommunications lines, private lines for mobile communications, and integrated broadcasting reception facilities prescribed in attached Table 1: Provided, That the following projects shall be excluded therefrom as categorized below: <Amended by Presidential Decree No. 21098, Oct. 29, 2008; Presidential Decree No. 21235, Dec. 31, 2008; Presidential Decree No. 23959, Jul. 17, 2012; Presidential Decree No. 28801, Apr. 17, 2018>
1. In cases of pre-commencement design drawings verification:
(a) An installation project in a building, the total floor area of which does not exceed 150 square meters;
(b) An installation project in a building subject to reporting under Article 14 of the Building Act;
2. In cases of pre-use inspection:
(a) A project falling under item (a) or (b) of subparagraph 1;
(b) A project, the supervision of which has been conducted;
3. Deleted. <by Presidential Decree No. 28801, Apr. 17, 2018>
(2) In cases of a project falling under paragraph (1) 2 (b), a person who has placed an order for the project shall submit a copy of the report on the results of supervision (excluding documents appurtenant thereto, such as design drawings) notified to the project owner under Article 14, to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply). <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 25560, Aug. 27, 2014; Presidential Decree No. 29057, Jul. 24, 2018>
(3) Article 8 (3) shall apply mutatis mutandis to the calculation of the total floor area of a building that falls under paragraph (1) 1 (a). <Amended by Presidential Decree No. 29057, Jul. 24, 2018>
 Article 35-2 (Pre-Commencement Verification of Design Drawings)
(1) A person who intends to receive the verification of design drawings in accordance with Article 36 (1) of the Act shall, before commencing the relevant information and communications construction, submit an application for the pre-commencement verification of design drawings of information and communications construction (including an application in a form of an electronic document) to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, together with a copy of design drawings (including design drawings in a form of an electronic document) of that construction.
(2) Upon receipt of a request for verification of design drawings under paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall verify whether or not the content of the design drawings conforms to the technical standards under Article 6 of the Act (hereafter referred to as “technical standards” in this Article).
(3) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to notify the applicant under paragraph (1) of the result of the verification of design drawings of information and communications construction under paragraph (2), he/she shall notify the result by specifying it in a written notification of the result of the pre-commencement verification of design drawings of information and communications construction prescribed by Ordinance of the Ministry of Science and ICT; and shall notify the result by specifying such content as his/her opinion following the verification and the matters to be complemented where the design of the relevant construction is deemed inappropriate for construction for falling short of the technical standards or for other reasons. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(4) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu notifies the results of the verification of design drawings of information and communications construction in accordance with paragraph (3), he/she shall record such results by giving serial numbers in a management ledger of affairs concerning the pre-commencement verification of design drawings of information and communications construction.
[This Article Newly Inserted by Presidential Decree No. 27229, Jun. 21, 2016]
 Article 36 (Pre-Use Inspection, etc.)
(1) A person who intends to undergo a pre-use inspection under Article 36 of the Act shall submit an application (including an application in electronic form) for the pre-use inspection of an information and communications construction project along with a copy of the as-built drawings of the project to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 25560, Aug. 27, 2014>
(2) Upon receipt of a request for pre-use inspection under paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall examine whether the relevant project meets the technical standards under Article 5 and the adequacy of construction conditions. <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 25560, Aug. 27, 2014>
(3) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that the relevant facilities are fit for use as a result of a pre-use inspection conducted under paragraph (2), he/she shall issue a certificate of completion of pre-use inspection of an information and communications construction project. <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 25560, Aug. 27, 2014>
(4) Upon issuing a certificate of completion of pre-use inspection of an information and communications construction project under paragraph (3), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall record it in the register of issuance of pre-use inspections of information and communications construction projects in order of serial numbers. <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 25560, Aug. 27, 2014>
(5) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that a project work is unfit for use due to failure to meet the technical standards or on other grounds as a result of a pre-inspection conducted under paragraph (2), he/she shall order the relevant applicant to supplement such matters, specifying the grounds therefor. <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 25560, Aug. 27, 2014>
(6) Where the person who received supplementation order under paragraph (5) has completed supplementation by the deadline for processing an application for pre-use inspection of an information and communications construction project, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may conduct pre-use inspection and issue a certificate of completion of pre-use inspection under paragraphs (2) and (3), without application procedures under paragraph (1). <Newly Inserted by Presidential Decree No. 28801, Apr. 17, 2018>
 Article 37 (Liability for Warranty on Projects)
"Period determined by Presidential Decree for each type of projects" in Article 37 (1) of the Act means the following period: <Amended by Presidential Decree No. 22772, Mar. 29, 2011>
1. A project for the installation of cable tunnels, such as tunnel-type or open-cut type tunnels: Five years;
2. A project for the installation of cables (excluding the installation works executed in a building), cable conduits, steel tower, switch board, transmission facilities, satellite communications facilities, from among telecommunications business facilities and equipment defined in subparagraph 4 of Article 2 of the Framework Act on Telecommunications: Three years;
3. Projects other than those referred to in subparagraphs 1 and 2: One year.
CHAPTER IV INFORMATION AND COMMUNICATIONS ENGINEERS
 Article 38 (Education, etc. of Human Resources in Information and Communications Technology)
(1) The Minister of Science and ICT shall formulate a master plan for training and education of human resources in information and communications technology each year pursuant to Article 38 of the Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) A training institution for human resources in information and communications technology designated and announced by the Minister of Science and ICT pursuant to Article 69 (3) of the Act (hereinafter referred to as "training institution") shall formulate a detailed implementation plan for education of human resources in information and communications technology in accordance with the master plan formulated under paragraph (1); and shall obtain approval thereof from the Minister of Science and ICT by the end of the preceding year. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) A detailed implementation plan for education under paragraph (2) shall include the following:
1. Basic guidelines for education;
2. Number of trainees;
3. Curricula and subjects of education;
4. Methods of education;
5. Period of education;
6. Other matters necessary for education of human resources in information and communications technology.
(4) The standards for education for recognition as human resources in information and communications technology under Article 38 (1) of the Act shall be as prescribed in attached Table 5.
(5) Where any information and communications engineer completes education under paragraph (4), the Minister of Science and ICT shall record the completion of such education in his/her career pock book or supervisors' license. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(6) A service provider or construction business entity shall provide human resources in information and communications technology employed by him/her with convenience necessary for undergoing education under paragraph (4); and shall not treat them unfavorably for reason of education.
 Article 39 (Applications, etc. for Recognition as Information and Communications Engineers)
(1) A person who intends to be recognized as an information and communications engineer under Article 39 (1) of the Act shall submit an application for recognition as information and communications engineer, along with his/her certificate of graduation (applicable only where the entry of educational background is required) and his/her work experience certificate, to the Minister of Science and ICT. In such cases, the Minister of Science and ICT shall verify the following documents by sharing administrative information under Article 36 (1) of the Electronic Government Act; and where an applicant does not consent to the verification thereof, he/she shall be required to submit the relevant documents (referring to a copy of national technical qualification certificate in cases of falling under subparagraph 1, and including a copy of alien registration certificate in cases of a foreigner): <Amended by Presidential Decree No. 22467, Nov. 2, 2010; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28801, Apr. 17, 2018>
1. A national technical qualification certificate (applicable only to holders of national technical qualification certificates);
2. A certificate of fact of alien registration under Article 88 (2) of the Immigration Act (applicable only to a foreigner).
(2) An information and communications engineer who intends to obtain the recognition of the change of his/her grade shall submit an application for change of grade, along with the following documents, to the Minister of Science and ICT: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Work experience certificates;
2. His/her career pocket book as an information and communications engineer;
3. A certificate of graduation.
(3) A person who intends to be recognized his/her career as an information and communications engineer shall submit an application for recognition of work experience, along with his/her career pocket book, to the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(4) The Minister of Science and ICT shall issue or re-issue a career pocket book of an information and communications engineer to an applicant for recognition as an information and communications engineer under paragraph (1), or for change of his/her grade under paragraph (2). <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(5) Where a career pocket book of an information and communications engineer is lost or unusably worn out, the relevant engineer shall submit an application for re-issuance thereof, along with the career pocket book (applicable only to it becomes unusable due to worn-out), to the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(6) Upon issuing or re-issuing a career pocket book under paragraph (4), the Minister of Science and ICT shall record such fact in a register of issuance of career pocket books of information and communications engineers. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(7) When an information and communications engineer requests verification of his/her work experience to present his/her technical ability to a project owner, construction business entity, service provider, etc., the Minister of Science and ICT may issue a work experience certificate to the information and communications engineer. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 40 (Qualification Standards, etc. for Information and Communications Engineers)
(1) The qualification standards for information and communications engineers under Article 39 (2) of the Act shall be determined separately by grade; and the detailed standards by grade shall be as prescribed in attached Table 6.
(2) The Minister of Science and ICT shall maintain and manage the records related to the grades, work experience, etc. of persons recognized as information and communications engineers under Article 39 (2) of the Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
CHAPTER V PROJECT-RELATED ORGANIZATIONS
 Article 41 (Establishment of Information and Communications Contractors Association)
The establishment of an Information and Communications Contractors Association (hereinafter referred to as the "Association") under Article 41 of the Act shall be initiated by at least ten construction business entities as its promoters, who shall prepare its articles of association with approval of at least 1/5 of construction business entities at its inaugural general meeting and shall apply for authorization thereof to the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 42 (Supervision over Association)
The Minister of Science and ICT may require the Association to report the following: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Matters approved at a general meeting or meeting of the board of directors (applicable only to the matters related to entrusted affairs);
2. Matters required to ascertain the actual performance of construction business entities or subcontracts;
3. Other important matters related to construction business or the Association.
 Article 43 (Establishment of Information and Communications Financial Cooperative)
To establish an Information and Communications Financial Cooperative (hereinafter referred to as the "Cooperative") under Article 45 of the Act, at least ten construction business entities, as promoters, shall prepare its articles of association with approval of at least one-fifth of construction business entities at its inaugural general meeting and shall apply for authorization thereof to the Minister of Science and ICT. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 44 (Scope of Guarantee)
The scope of guarantee to be provided under Article 45 (1) of the Act shall be the obligations and liabilities borne in the course of performing the following projects, etc.: <Amended by Presidential Decree No. 22772, Mar. 29, 2011>
1. Projects under Article 2 and services related thereto;
2. Construction projects under the Framework Act on the Construction Industry;
3. Overseas construction projects under the Overseas Construction Promotion Act;
4. Electrical construction projects under the Electrical Construction Business Act;
5. Projects for the installation of fire-fighting systems under the Fire-Fighting System Installation Business Act;
6. Cultural heritage repair projects under the Act on Cultural Heritage Maintenance, Etc.;
7. Projects for the installation of heat-using machinery, equipment, or materials under the Energy Use Rationalization Act;
8. Projects appurtenant to those provided for in subparagraphs 2 through 7 and the repair projects thereof.
 Article 45 (Limit of Guarantee)
(1) The limit of total guarantees that the Cooperative can provide is 20 times the aggregate amount of total contributions and reserve funds: Provided, That where any guarantee is provided by a financial institution, insurance company, or any other similar institutions, or where the Cooperative provides any guarantee upon receipt of a security, such guarantee shall not be included in the limit of guarantee by the Cooperative.
(2) The contributions and reserve funds referred to in paragraph (1) shall be based on the accounts settled at the end of the preceding year of each business year: Provided, That where any capital is increased or assets are revaluated under the Assets Revaluation Act during a business year, they shall be based on the contributions and reserve funds as at the time the capital increase or asset revaluation is completed.
(3) The limit of guarantee by type of guarantee that the Cooperative can provide to its members shall be determined taking into consideration the accident rate by type of guarantee and credit ratings of members, etc.
 Article 46 (Fees, Interests, etc.)
(1) The Cooperative may receive guarantee fees, interests on loans, bill discounting charges, and dues from members.
(2) Matters necessary for guarantee fees, etc. referred to in paragraph (1) shall be prescribed by the Cooperative's articles of association.
 Article 47 (Supervision over Cooperative)
The Minister of Science and ICT may require the Cooperative to report the following: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Matters approved at a general meeting or meeting of the board of directors (applicable only to the matters related to entrusted affairs);
2. Matters required to ascertain the actual financial status of construction business entities;
3. Other important matters related to construction business or the Cooperative.
CHAPTER VI SUPERVISION
 Article 48 (Records and Management of Investigations on Actual Conditions)
Where an investigation on actual conditions is conducted pursuant to Article 63 (1) of the Act, a Mayor/Do Governor shall, after completing the investigation, record the results thereof and the personal information of public officials who have conducted the investigation on the investigation paper for the actual conditions of information and communications construction business entities.
 Article 49 (Suspension of Duties, etc.)
(1) The guidelines for imposing any disposition to suspend duties of supervisors or information and communications engineers based on the type and severity of each violation under Article 64 or 68 of the Act shall be as prescribed in attached Table 7.
(2) The Minister of Science and ICT may increase or reduce the period for suspension of duties according to the guidelines referred to in paragraph (1) to the extent of a half thereof, taking into account motives, details, and frequencies of the relevant violation. The total period for suspension of duties shall not exceed one year, even though it is increased. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Where the Minister of Science and ICT imposes any disposition to suspend duties of a supervisor or information and communications engineer, he/she shall record such fact in the register of administrative dispositions on supervisors or information and communications engineers. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 50 (Suspension of Business, etc.)
(1) The guidelines for imposing administrative dispositions and penalty surcharges for each type and severity of violations under Articles 66 (1) and 66-2 (1) of the Act shall be as prescribed in attached Table 8. <Amended by Presidential Decree No. 23959, Jul. 17, 2012; Presidential Decree No. 29057, Jul. 24, 2018>
(2) A Mayor/Do Governor may increase or reduce the period of suspension of business referred to in paragraph (1) to the extent of a half thereof, taking into account motives, details, and frequencies of the relevant violations. In cases of increase, the total period of suspension of business shall not exceed the period prescribed in Article 66 (1) of the Act and the total amount of penalty surcharges shall not exceed the amount prescribed in Article 66-2 (1) of the Act. <Amended by Presidential Decree No. 23959, Jul. 17, 2012; Presidential Decree No. 29057, Jul. 24, 2018>
(3) Deleted. <by Presidential Decree No. 26167, Mar. 30, 2015>
 Article 50-2 (Temporary Failure to Meet Criteria for Registration)
"Cases prescribed by Presidential Decree, such as where the court decides to commence the rehabilitation procedures and the procedures therefor are being proceeded with, or where the construction business entity fails temporarily to meet the criteria for registration" in the proviso to Article 66 (1) 4 of the Act means any of the following cases: <Amended by Presidential Decree No. 27115, Apr. 29, 2016; Presidential Decree No. 29057, Jul. 24, 2018>
1. Where the a construction business entity fails to meet the criteria for registration due to the death, disappearance, or retirement of a person who has the technical ability prescribed in attached Table 3, the period of which does not exceed 50 days;
2. Where a construction business entity fails to meet the criteria for capital prescribed in attached Table 3 and falls under any of the following cases:
(a) Where the court decides to commence rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act and such procedures are being proceeded with;
(b) Where the court decides to terminate rehabilitation procedures for the relevant construction business entity under the Debtor Rehabilitation and Bankruptcy Act, deeming that implementation of its rehabilitation plan will not be impeded and the rehabilitation plan is being implemented;
(c) Where a coordinating committee of creditor financial institutions passes a resolution to commence the procedures for joint administration conducted by the coordinating committee of creditor financial institutions under the Corporate Restructuring Promotion Act and such procedures are being proceeded with;
3. Where a corporation subject to the proviso to Article 542-8 (1) of the Commercial Act fails to meet the criteria for registration due to reduction of its capital as at the end of the latest business year, the period of which does not exceed 50 days.
[This Article Newly Inserted by Presidential Decree No. 25560, Aug. 27, 2014]
 Article 51 (Interested Persons' Requests)
Where an interested person intends to request a Mayor/Do Governor to impose any sanction on a construction business entity under Article 67 of the Act, he/she shall do so in writing by specifying the following matters:
1. Name of the construction business entity;
2. Name of the project;
3. Location of the project;
4. Violations of any statute;
5. Matters requested.
 Article 52 (Register of Administrative Dispositions)
Upon imposing a disposition to suspend business, a penalty surcharge, or revocation of registration, a Mayor/Do Governor shall record such fact in a register of administrative dispositions on registered information and communications construction business entities and furnish it. <Amended by Presidential Decree No. 23959, Jul. 17, 2012>
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 53 (Delegation and Entrustment of Authority)
(1) In accordance with Article 69 (1) of the Act, the Minister of Science and ICT shall delegate his/her authority over the following affairs to the Director General of the Central Radio Management Office: <Amended by Presidential Decree No. 20896, Jul. 3, 2008; Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Suspending the duties of supervisors under Article 64 of the Act;
2. Suspending the duties of information and communications engineers under Article 68 of the Act;
3. Imposing and collecting administrative fines under Article 78 (1) 1 through 3, 6 and 7 of the Act.
(2) In accordance with Article 69 (2) of the Act, the Minister of Science and ICT or a Mayor/Do Governor shall entrust the following affairs to the Association: <Amended by Presidential Decree No. 21235, Dec. 31, 2008; Presidential Decree No. 23959, Jul. 17, 2012; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Affairs related to receipt of applications for qualification of, and recognition as, supervisors, and the issuance and management of licenses under Article 8 (3) through (5) of the Act;
1-2. Affairs related to receipt of applications for registration of construction business under Article 14 (1) of the Act;
1-3. Deleted; <by Presidential Decree No. 26167, Mar. 30, 2015>
1-4. Affairs related to receipt of reports on the transfer or merger of construction business under Article 17 (1) of the Act;
2. Affairs related to receipt of reports under Article 23 (1) of the Act;
3. Affairs related to integrated management of information, assessment and publication of performance capability, and provision of information under Article 27 of the Act;
4. Deleted; <by Presidential Decree No. 21235, Dec. 31, 2008>
5. Affairs related to receipt of applications for recognition as information and communications engineers, recognition thereof, and issuance and management of career pocket books, under Article 39 (1) through (3) of the Act;
6. Affairs related to cancellation of recognition as supervisors under Article 64-2 of the Act;
7. Affairs related to cancellation of recognition as information and communications engineers under Article 68-2 of the Act;
8. Affairs related to hearings under subparagraphs 1 and 3 of Article 68-3 of the Act;
9. Records on completion of education under Article 38 (5).
 Article 53-2 (Handling of Personally Identifiable Information)
(1) The Minister of Science and ICT (including a person authorized or entrusted by the Minister of Science and ICT under Article 53) or Mayor/Do Governor (including a person authorized or entrusted, if any) may handle data containing resident registration numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, where it is inevitably required to perform his/her duties regarding the following:
1. Recognition of supervisors under Article 8 (4) of the Act;
2. Registration of a construction business under Article 14 (1) of the Act;
3. Reporting on the transfer or merger of a construction business under Article 17 of the Act;
4. Reporting made by a construction business entity under Article 23 (1) of the Act;
5. Recognition of information and communications engineers under Article 39 of the Act.
(2) The Association may handle data containing resident registration numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, with the consent of the person in question, where it is inevitably required to perform its duties specified in Article 46 of the Act.
(3) The Association shall protect personally identifiable information in accordance with the Personal Information Protection Act when handling data containing such information under paragraph (2).
[This Article Newly Inserted by Presidential Decree No. 28801, Apr. 17, 2018]
 Article 54 (Methods, etc. of Calculating Wages to Be Excluded from Seizure)
An amount equivalent to wages under Article 71-2 of the Act shall be calculated by summing up the wages specified in design documents out of the amount of contract price or subcontract price of an information and communications construction project.
 Article 55 (Public Announcement)
Registration etc. of construction business under Article 72 of the Act shall be published in official bulletins, or via computer networks, of the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province. <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 25560, Aug. 27, 2014>
 Article 56 (Reporting)
(1) A Mayor/Do Governor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall report on the following status as at the last day of each quarter with the Minister of Science and ICT by not later than the 15th day of the following month: <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25560, Aug. 27, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Current status of registration of construction business under Article 14 of the Act;
2. Current status of pre-use inspections under Article 36 of the Act.
(2) Where the Association or a training institution performs the affairs entrusted under Article 69 (2) and (3) of the Act and Article 53 (2) of this Decree, it shall report thereon with the Minister of Science and ICT as classified below: Provided, That the matters referred to in subparagraphs 2 and 3 shall be reported to a Mayor/Do Governor: <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Current status of receipt of applications for, and issuance of, supervisors' licenses under Article 8 (3) of the Act: As of the last day of each quarter, by not later than the 15th day of the following month;
2. Results of receipt of reports by construction business entities under Article 23 (1) of the Act: As at the last day of each month, by not later than the tenth day of the following month;
3. Results of receipt of reports on records of projects and other matters under Article 27 (3) of the Act: Within 30 days after completion of receipt;
4. Results of training and education for human resources in information and communications technology under Article 38 (1) of the Act: As at the last day of each quarter, by not later than the 15th day of the following month;
5. Results of processing applications for recognition, etc. as information and communications engineers and issuance of career pocket books under Article 39 (1) and (2) of the Act: As at the last day of each quarter, by not later than the 15th day of the following month.
(3) Where the Minister of Science and ICT or a Mayor/Do Governor can verify the matters reported under paragraph (1) and (2) via an information and communications network, any reporting under paragraph (1) and (2) may be omitted. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 57 (Fees)
(1) Fees payable under Article 73 of the Act shall be as prescribed in attached Table 9.
(2) Fees in paragraph (1) shall be paid by any of the following means: Provided, That the Minister of Science and ICT, a Mayor/Do Governor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may permit payment by means of electronic money, electronic payment, etc. via an information and communications network: <Amended by Presidential Decree No. 22772, Mar. 29, 2011; Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 25560, Aug. 27, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Fees in subparagraphs 2, 3, and 5 of Article 73 of the Act: Revenue stamps of the relevant local government;
2. Fees in subparagraphs 1, 4, and 6 of Article 73 of the Act: Cash.
 Article 57-2 (Re-Examination of Regulation)
The Minister of Science and ICT shall examine the appropriateness of the following matters every three years counting from the following respective base dates (referring to the period that ends on the third anniversary before the base date) and shall take measures for improvement, etc.: <Amended by Presidential Decree No. 25560, Aug. 27, 2014; Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
1. Exceptions to restriction on construction projects under Article 4: January 1, 2014;
2. Scope of projects requiring design under Article 6: January 1, 2014;
3. Scope of projects subject to supervision under Article 8: January 1, 2014;
3-2. Qualification standards for supervisors under Article 10: January 1, 2014;
4. Standards for placement of supervisors, approval of project owners, etc. under Article 11: January 1, 2014;
5. Scope of enterprise group subject to restriction on supervision by construction business entities under Article 15: January 1, 2014;
6. Documents to be submitted when applying for registration of construction business under Article 16: January 1, 2014;
7. Criteria for registration under Article 21: January 1, 2014;
8. Exception to separation of contract under Article 25: January 1, 2014;
9. Assessment of performance capability under Article 27: January 1, 2014;
10. Standards, etc. for placement of information and communications engineers under Article 34: January 1, 2014;
11. Projects subject to pre-use inspection under Article 35: January 1, 2014;
12. Pre-use inspection under Article 36: January 1, 2014;
13. Guidelines for imposing administrative dispositions and penalty surcharges under Article 50: January 1, 2014.
(2) Deleted. <by Presidential Decree No. 26167, Mar. 30, 2015>
[This Article Wholly Amended by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 58 (Criteria for Imposing Administrative Fines)
(1) The criteria for imposing administrative fines under Article 78 (1) and (2) of the Act shall be as prescribed in attached Table 10.
(2) In imposing administrative fines under paragraph (1), the Minister of Science and ICT or a Mayor/Do Governor may increase or reduce the amount thereof to the extent of a half thereof, taking into account the severity, frequencies, motives, consequence, etc. of the relevant violation: Provided, That no amount to be increased shall exceed the upper limit of the amount of administrative fines referred to in Article 78 (1) and (2) of the Act. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) The Minister of Science and ICT or a Mayor/Do Governor shall furnish a ledger of dispositions of administrative fines and record the matters related to imposition and collection of administrative fines therein, and manage it. <Amended by Presidential Decree No. 24445, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21235, Dec. 31, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Placement of Supervisors)
Notwithstanding the amended provisions of Article 11, the previous provisions shall apply to the supervisors placed under the contracts for the provision of supervisory services concluded before the Enforcement Decree of the Information and Communications Construction Business Act (Presidential Decree No. 16455) enters into force.
Article 3 (Transitional Measures concerning Contracts for Design or Supervision)
Notwithstanding the amended provisions of Articles 6 (1) and 8 (1), the previous provisions shall apply to the projects, the contracts for design or supervisory services of which have been concluded before Articles 5 (1) and 7 (1) of the Enforcement Decree of the Information and Communications Construction Business Act (Presidential Decree No. 19847) enter into force.
Article 4 (Transitional Measures concerning Grades, etc. of Supervisors and Information and Communications Engineers)
(1) Notwithstanding the amended provisions of attached Table 2 or 6, the previous provisions shall apply to the grades of, or the qualifications for, supervisors or information and communications engineers that have been recognized under the previous provisions before attached Tables 2 and 6 of the Enforcement Decree of the Information and Communications Construction Business Act (Presidential Decree No. 19847) enter into force.
(2) Notwithstanding the amended provisions of attached Table 2 or 6, the previous provisions shall apply to persons who have applied for the recognition of grades of, or qualifications for, supervisors or information and communications engineers by submitting the matters related to qualifications, educational background, work experience, etc. to the Minister of Information and Communications under Articles 8 and 39 of the Act before attached Tables 2 and 6 of the Enforcement Decree of the Information and Communications Construction Business Act (Presidential Decree No. 19847) enter into force.
Article 5 (Relationship with Other Statutes)
Where any other statutes cite the previous provisions of the Enforcement Decree or the Enforcement Rule of the Information and Communications Construction Business Act as at the time this Decree enters into force, it shall be deemed to have cited the relevant provisions of this Decree in lieu of the previous provisions, if any provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 20896, Jul. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21235, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Preparation, etc. of Contracts for Projects)
The amended provisions of Article 26 (1) 12 shall begin to apply from the first contract for a project concluded on or after the date this Decree enters into force.
Article 3 (Transitional Measures concerning Administrative Dispositions)
Notwithstanding the amended provisions of attached Table 8, the previous provisions shall apply to the administrative dispositions against a violation committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 21419, Apr. 6, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDA <Presidential Decree No. 22297, Jul. 21, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22772, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Assessment of Performance Capability)
The amended provisions of subparagraph 3 (b) of attached Table 4 shall apply to information and communications business entities who apply for the assessment of performance capability for the first time after the date this Decree enters into force.
Article 3 (Transitional Measures concerning Guidelines for Imposing Administrative Dispositions)
Notwithstanding the amended provisions of attached Table 8, the previous provisions shall apply to the guidelines for imposing administrative dispositions on any violation committed before this Decree enters into force.
Article 4 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
Notwithstanding the amended provisions of attached Table 10, the previous provisions shall apply to the criteria for imposing administrative fines on any violation committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 23959, Jul. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2012.
Article 2 (Transitional Measures concerning Guidelines for Imposing Administrative Measures)
Notwithstanding the amended provisions of attached Table 8, the previous provisions shall apply to the guidelines for imposing administrative dispositions on any violation committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 24155, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on Nov 1, 2012. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 24445, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on Jan 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25560, Aug. 27, 2014>
This Decree shall enter into force on August 29, 2014.
ADDENDA <Presidential Decree No. 25652, Oct. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26167, Mar. 30, 2015>
This Decree shall enter into force on March 31, 2015.
ADDENDUM <Presidential Decree No. 26834, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27115, Apr. 29, 2016>
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. 27229, Jun. 21, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 24-2 shall enter into force on June 23, 2016.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 28801, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 28 (1) shall enter into force on the date of its promulgation.
Article 2 (Applicability to Evaluation of Construction Capability)
The amendments to attached Table 4 shall begin to apply from the first constructor who files an application for evaluation of construction capability after this Decree enters into force.
ADDENDA <Presidential Decree No. 29057, Jul. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 22, 2018: Provided, That the amended provisions of Article 35 (2) and (3), attached Table 2, attached Table 6, and the section of relevant articles in subparagraph 15 of attached Table 8 of the Enforcement Decree of the Information and Communications Construction Business Act (Presidential Decree No. 28801) shall enter into force on October 18, 2018.
Article 2 (Applicability to Evaluation of Construction Capability)
The amendments to attached Table 4 shall begin to apply from the first constructor who files an application for evaluation of construction capability after this Decree enters into force.
Article 3 (Transitional Measures regarding Criteria for Administrative Dispositions)
Notwithstanding the amended provisions of attached Table 8, the previous provisions shall prevail in applying the criteria for administrative dispositions against violations committed before this Decree enters into force (including criteria for imposing penalty surcharges).
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.