ENFORCEMENT DECREE OF THE SPECIAL ACT ON UNDERGROUND SAFETY MANAGEMENT
Presidential Decree No. 28442, Nov. 21, 2017
Amended by Presidential Decree No. 28628, Feb. 9, 2018
Presidential Decree No. 29360, Dec. 11, 2018
Presidential Decree No. 29461, Dec. 31, 2018
CHAPTER I GENERAL PROVISIONS
| Article 2 (Scope of Underground Structures) |
| 13. | Underground passage shops among first-class establishments and second-class establishments in subparagraph 5 (b) of attached Table 1 of the Enforcement Decree of the Special Act on the Safety Control of Establishments. |
| Article 3 (Underground Information) |
"Information ... prescribed by Presidential Decree" in subparagraph 11 of Article 2 of the Act means the following information: | 1. | Geological information: Information produced based on geological surveys, such as the types, properties, and distribution of rocks and geological structures; |
| 2. | Drilling information: Information produced using drilling machinery and/or equipment, such as ground properties, types of strata, and underground water levels; |
| 3. | Information on tubular wells: Information measured through tubular wells, such as the distribution of underground water levels, and the structure and hydraulic properties of underground water-bearing strata; |
| 4. | Information on the current status of underground structures falling under the subparagraphs of Article 2, including the locations, scales, uses, and managers thereof. |
CHAPTER II FORMULATION OF MASTER PLANS FOR UNDERGROUND SAFETY MANAGEMENT
| Article 4 (Formulation of Master Plans for National Underground Safety Management) |
| 1. | Matters regarding nurturing and supporting any person registered as an institution specializing in underground safety impact assessment under Article 25 (1) of the Act (hereinafter referred to as "institution specializing in underground safety impact assessment"); |
| 2. | Matters regarding the research on, development of, and dissemination of safety standards for underground facilities and surrounding ground. |
| Article 5 (Modification to Insignificant Matters) |
"Where he or she intends to alter insignificant matters prescribed by Presidential Decree" in the proviso of Article 6 (3) of the Act means any of the following: | 1. | Where he or she intends to correct calculation errors, incorrect recording, omission, and other apparent errors; |
| 2. | Where he or she intends to reflect changes resulting from amendment of the Act, or the enactment, amendment, or repeal of other statutes and regulations. |
| Article 6 (Formulation of Action Plans) |
| (1) | The head of a relevant central administrative agency shall notify the Minister of Land, Infrastructure and Transport and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") of an action plan for each year formulated under Article 6 (5) of the Act (hereinafter referred to as "action plan") by December 31 of the year before the year in which the plan is to be implemented. |
| (2) | Where the head of a relevant central administrative agency changes the action plan notified under paragraph (1), he or she shall notify the Minister of Land, Infrastructure and Transport and the Mayor/Do Governor of the details of such change without delay. |
| Article 7 (Formulation of City/Do Underground Safety Management Plans) |
| (1) | A plan for underground safety management formulated by the Mayor/Do Governor under Article 7 (1) of the Act (hereinafter referred to as "City/Do management plan") and a plan for underground safety management formulated by the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) under Article 8 (1) of the Act (hereinafter referred to as "Si/Gun/Gu management plan") shall include the following: |
| 1. | Basic directions for underground safety management for areas under his or her jurisdiction; |
| 2. | Matters regarding inspection of the actual conditions of underground structures located in areas under his or her jurisdiction; |
| 3. | Matters regarding the designation, revocation of designation, and safety management for underground structures and areas in which ground subsidence is subject to intensive control under Article 35 (2) of the Act (hereinafter referred to as "underground structure subject to intensive control"); |
| 4. | Matters regarding cooperation and joint measures regarding underground structures among relevant institutions; |
| 5. | Other matters necessary for underground safety management for areas under his or her jurisdiction. |
| (2) | The Mayor/Do Governor shall notify a City/Do management plan for a relevant year, to the Minister of Land, Infrastructure and Transport and the head of a relevant Si/Gun/Gu by January 31 each year. |
| (3) | The head of a Si/Gun/Gu shall notify a Si/Gun/Gu management plan for a relevant year, to the Mayor/Do Governor, an underground developer, and an underground structure manager by the end of February each year. |
| Article 8 (Submission of Construction Safety Management Plans) |
| 1. | Appropriate: Where construction works are deemed sufficiently safe as the details prescribed in the subparagraphs of Article 10 (1) of the Act are appropriately reflected in the plan; |
| 2. | Conditionally appropriate: Where some supplementary measures are deemed necessary while they would have no direct impact on ensuring construction safety as the details prescribed in the subparagraphs of Article 10 (1) of the Act are reflected in the plan; |
| 3. | Inappropriate: Where ground subsidence is deemed likely to occur or the plan is deemed seriously deficient as the details prescribed in the subparagraphs of Article 10 (1) of the Act are not appropriately reflected in the plan. |
| (2) | An underground developer whose safety management plan is identified as conditionally appropriate or inappropriate shall take necessary measures, such as requesting a construction contractor or a business entity registered for housing construction to supplement or modify the construction safety management plan, etc.; and shall submit the results of such measures to the head of a Si/Gun/Gu. |
| Article 9 (Formulation of Safety Management Regulations) |
| (1) | An underground structure manager shall submit the regulations governing safety inspection and maintenance and management prescribed in Article 10 (2) of the Act (hereinafter referred to as "safety management regulations") for the underground structure he or she manages to the head of a Si/Gun/Gu having jurisdiction over the underground structure at least 30 days before the date said underground structure starts to be used (in cases of a change in the safety management regulations, referring to the date the changed safety management regulations come into force). |
| (2) | The head of a Si/Gun/Gu, upon receiving the safety management regulations under paragraph (1), shall examine appropriateness of the structure; and shall notify the underground structure manager of the findings of such examination within 15 days from receipt of said regulations. |
| (3) | Article 8 (1) shall apply mutatis mutandis to the examination of the safety management regulations and notification under paragraph (2). In such cases, "construction safety management plan" shall be construed as "safety management regulations"; and "underground developer" as "underground structure manager". |
| (4) | The manager of the underground structure whose safety management regulations are identified as conditionally appropriate or inappropriate shall take necessary measures, such as supplementing or modifying the safety management regulations; and shall submit the results of such measures to the head of a relevant Si/Gun/Gu. |
| (5) | Except as provided in subparagraphs (1) through (4), the detailed items of safety management regulations, the standards for establishment thereof, and others shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 10 (Composition and Operation of Local Underground Safety Committees) |
| (1) | A City/Do underground safety committee and a Si/Gun/Gu underground safety committee established under Article 12 (1) of the Act shall each be composed of not more than 10 members, including one chairperson and one vice-chairperson. |
| (2) | Members of the City/Do underground safety committee shall be appointed or commissioned by the Mayor/Do Governor; and members of the Si/Gun/Gu underground safety committee by the head of a Si/Gun/Gu, from among any of the following persons: |
| 1. | Experts working for institutions or organizations related to geology, environment, or construction; |
| 2. | Public officials of administrative agencies related to underground development or underground structure management; |
| 3. | Other persons with extensive expertise and experience in underground development or underground structure management. |
| (3) | The chairperson and the vice-chairperson of a City/Do underground safety committee shall be appointed or commissioned by the Mayor/Do Governor from among members thereof; and members of a Si/Gun/Gu underground safety committee by the head of a relevant Si/Gun/Gu. |
| (4) | Each member prescribed in paragraph (2) 1 and 3 shall serve a term of two years; and his or her term can be renewed only once. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the composition, operation, etc. of the City/Do underground safety committee and the Si/Gun/Gu underground safety committee shall be prescribed by ordinance of the relevant local government. |
| Article 11 (Research and Development Projects on Underground Safety-Related Technologies and Standards) |
| (1) | "Institution or organization prescribed by Presidential Decree" in Article 13 (1) of the Act means the following institutions or organizations: |
| 1. | National or public research institutes; |
| 5. | Research institutes which are corporations established under the Civil Act or other statutes; |
| 7. | Government-funded research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| 8. | Government-funded science and technology research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| 10. | Other research institutes annexed to institutions, associations, or societies prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or departments dedicated to research and development therewithin. |
| (2) | When the Minister of Land, Infrastructure and Transport has selected a research and development task regarding underground safety technologies and standards (hereinafter referred to as "research and development task"), he or she shall enter into an agreement on a research and development project with an institution or organization which will take charge of the relevant research (hereinafter referred to as "research institute in charge") among the institutions or organizations referred to in the subparagraphs of paragraph (1). |
| (3) | The agreement referred to in paragraph (2) shall include the following: |
| 1. | A plan for implementing a research and development task; |
| 2. | Matters regarding methods for payment, and the use and management of research and development expenses; |
| 3. | Matters regarding the vesting and use of the outcomes of research and development; |
| 4. | Matters regarding the collection and use of royalties; |
| 5. | Matters regarding amendment and rescission of an agreement; |
| 6. | Other matters regarding research and development the Minister of Land, Infrastructure and Transport deems necessary. |
| (4) | The head of a research institute in charge may entrust some of the relevant research and development tasks to each of the institutions or organizations prescribed in the subparagraphs of paragraph (1) to perform such tasks where deemed necessary. |
| Article 12 (Payment, Use, and Management of Contributions) |
| (1) | Contributions to a research and development project under Article 13 (2) of the Act shall be paid in installments: Provided, That the contributions can be paid out in a lump sum as the Ministry of Land, Infrastructure and Transport deems necessary based on the size of a research and development task, and the timing of commencement thereof. |
| (2) | An institution or organization which has received the contributions under paragraph (1) shall use them for the following purposes: |
| 2. | Direct costs, such as expenses for research equipment and facilities, research material costs, expenses for research activities, and research allowances; |
| 3. | Indirect costs, such as research and development reserves, expenses for applying for and registering intellectual property rights, training expenses, and expenses for research support; |
| 4. | Expenses for commissioned research and development; |
| 5. | Other costs associated with research and development. |
| (3) | Upon receiving contributions under paragraph (1), an institution or organization shall open and manage a separate account. |
| (4) | An institution or organization, upon receiving contributions under paragraph (1), shall report the records of use of the contributions to the Minister of Land, Infrastructure and Transport as follows: |
| 1. | Multi-year research task: Report the detailed records of use in a relevant year by not later than March 31 of the following year: Provided, That as for the year in which a research task is completed, a report shall be given within three months from the completion of the research task; |
| 2. | Other research tasks: Give a report within three months from the completion of a research task. |
| (5) | Where an institution or organization in receipt of contributions under paragraph (1) has used the contributions for purposes other than those prescribed in the subparagraphs of paragraph (3), the Minister of Land, Infrastructure and Transport shall recover the amount. |
CHAPTER III SAFETY MANAGEMENT FOR UNDERGROUND DEVELOPMENT
SECTION 1 Underground Safety Impact Assessment
| Article 13 (Size of Projects Subject to Underground Safety Impact Assessment) |
| 1. | A project involving excavation works with excavation to a depth (which means the maximum depth of excavation where the depth of excavation within a construction area varies; and excavated portions of a collector well, elevator pit, septic tank, etc. shall be excluded in calculating the depth of excavation; hereinafter the same shall apply) of at least 20 meters; |
| 2. | A project involving tunnel (excluding mountain tunnels or underwater tunnels) works. |
| Article 14 (Types of Projects Subject to Underground Safety Impact Assessment and Methods of Assessment Thereof) |
Specific types and scope of the projects subject to underground safety impact assessment under Article 14 (2) of the Act shall be as specified in attached Table 1; and items subject to assessment and methods of assessment in attached Table 2.
| Article 15 (Qualifications for Engineers in Charge) |
| (1) | A special grade engineer in the field of soils and geology specified in attached Table 1 of the Enforcement Decree of the Construction Technology Promotion Act who has completed training prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport is qualified as a person to conduct an underground safety impact assessment under Article 14 (2) of the Act (hereinafter referred to as “engineer in charge”). <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| (2) | An engineer in charge may have a person qualified as a technical professional under subparagraph 2 of attached Table 8 conduct an underground safety impact assessment under his or her supervision, where necessary. In such cases, a person who intends to conduct an underground safety impact assessment under the supervision of an engineer in charge shall complete training prescribed in paragraph (1). |
| Article 16 (Methods for Preparing Underground Safety Impact Assessment Reports) |
| (1) | Methods for preparing an underground safety impact assessment report under Article 15 of the Act (hereinafter referred to as "underground safety impact assessment report") shall be as specified in attached Table 3. |
| (2) | An underground developer subject to permission, authorization, approval, a license, or decision, etc. (hereinafter referred to as "approval, etc.") regarding an action plan, implementation plan, etc. of a relevant project shall submit an underground safety impact assessment report to the head of an agency that grants approval in electronic form. |
| (3) | Consultation can be requested by the head of an agency that grants approval in receipt of an underground safety impact assessment report under Article 15 (1) of the Act or an underground developer (hereinafter referred to as the "head of an agency that grants approval, etc.") who is not required to obtain approval, etc. under Article 15 (2) of the Act during the periods specified in attached Table 1. |
| Article 17 (Examination of Underground Safety Impact Assessment Reports, and Notification) |
| (1) | The Minister of Land, Infrastructure and Transport shall check the following matters in examining an underground safety impact assessment report under Article 16 (1) of the Act: |
| 1. | Compliance with items subject to assessment, methods of assessment, and methods of preparation, etc.; |
| 2. | Validity of contents of the underground safety impact assessment report. |
| (3) | "Where there are reasons prescribed by Presidential Decree" in the former part of Article 16 (3) of the Act means the following cases: <Amended by Presidential Decree No. 29461, Dec. 31, 2018> |
| 1. | Where methods for preparing an underground safety impact assessment report under Article 16 (1) have not been complied with; |
| 2. | Where an action plan, implementation plan, etc. (hereinafter referred to as "project plan, etc.") is deemed to require adjustment or supplementation as implementing the project could have an adverse impact on underground safety. |
| (4) | "Period prescribed by Presidential Decree" in Article 16 (4) of the Act means 30 days (or 50 days where a consultation period is extended due to any extenuating circumstance). In such cases, a period during which an underground developer supplements an underground safety impact assessment report, public holidays, and Saturdays shall be excluded from calculating said period. <Amended by Presidential Decree No. 29461, Dec. 31, 2018> |
| (5) | Except as provided in paragraphs (1) through (4), the standards and methods for examining an underground safety impact assessment report, supplementation or adjustment thereof, and other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 29461, Dec. 31, 2018> |
| Article 18 (Notification of Results of Consultations Reflected in Project Plans) |
Notification of the results of consultations reflected pursuant to Article 17 (3) of the Act shall be issued within 30 days from the following dates: | 1. | Where notification is issued by the head of an agency that grants approval, etc.: The date a project plan, etc. for a project subject to underground safety impact assessment is approved; |
| 2. | Where notification is issued by an underground developer not required to obtain approval, etc.: The date a project plan, etc. is finalized. |
| Article 19 (Adjustment of Details of Consultations) |
| (1) | Where the head of an agency that grants approval, etc. intends to request the Minister of Land, Infrastructure and Transport to adjust the details of consultations under Article 18 (1) of the Act, he or she shall submit a written request for adjustment (hereinafter referred to as "written request for adjustment") stating the following within 90 days from the date he or she is notified of the details of consultations under Article 16 (4) of the Act. In such cases, an underground developer required to obtain approval, etc. shall submit a written request for adjustment to the head of an agency that grants approval within 75 days from the date he is notified of the details of consultations under Article 16 (5) of the Act: |
| 1. | Details of consultations the adjustment of which is requested; |
| 2. | Reasons for requesting adjustment and a plan to request adjustment; |
| 3. | Analysis of underground safety impact assessment according to the plan to request adjustment. |
| (2) | The Minister of Land, Infrastructure and Transport shall notify the results of adjustment of consultations within 30 days from the receipt of a written request for adjustment under paragraph (1) (or 50 days where the period is extended due to any extenuating circumstance). In such cases, periods such as the one during which an underground developer supplements an underground safety impact assessment report, public holidays, and Saturdays shall be excluded from calculating said period. |
| Article 20 (Amendment to or Re-Consultation on Project Plans) |
| (1) | The head of an agency that grants approval in receipt of a request for examination under the main sentence of Article 18 (3) of the Act shall examine whether a relevant plan to ensure underground safety is subject to re-consultation under Article 18 (4) of the Act and shall notify the underground developer required to obtain approval, etc. |
| (2) | "Where an amendment to a project plan, etc. falls under matters prescribed by Presidential Decree as those that may affect underground safety" in Article 18 (4) of the Act means the following cases: <Amended by Presidential Decree No. 29461, Dec. 31, 2018> |
| 1. | Where the depth of excavation increases by at least three meters than that reflected in the project plan, etc. consulted on under Articles 15 and 16 of the Act; |
| 2. | Where the area of excavation increases by at least 30 percent than that reflected in the project plan, etc. consulted on under Articles 15 and 16 of the Act. |
| (3) | The head of an agency that grants approval, etc. who intends to request re-consultation under Article 18 (4) of the Act shall submit a written request for re-consultation stating the following within 90 days from the date a plan to ensure underground safety is formulated under Article 18 (2) of the Act or from the date an examination is complete under paragraph (1). In such cases, an underground developer shall submit said request for re-consultation to the head of an agency that grants approval within 75 days from the date he or she is notified under paragraph (1): |
| 1. | Reasons for amendment to a project plan, etc. and details thereof; |
| 2. | Plans to ensure underground safety in accordance with an altered project plan, etc. |
| (4) | The Minister of Land, Infrastructure and Transport shall notify the results within 30 days from the receipt of the written request for re-consultation under paragraph (3) (or 50 days where the period is extended due to any extenuating circumstance). In such cases, a period during which an underground developer supplements the written request for re-consultation, public holidays, and Saturdays shall be excluded from calculating said period. |
| Article 21 (Inspection of Ex-Post Underground Safety Impact) |
| (1) | An inspection of ex-post underground safety impact under Article 20 (1) of the Act (hereinafter referred to as "inspection of ex-post underground safety impact") shall be conducted during the period for the inspection of ex-post underground safety impact assessment stated in an underground safety impact assessment report. |
| (2) | Items subject to inspection and methods for inspection shall be as specified in attached Table 4. |
| (3) | Methods for preparing an inspection report on ex-post underground safety impact under Article 20 (2) of the Act (hereinafter referred to as "inspection report on ex-post underground safety impact") shall be as specified in attached Table 5. |
| (4) | An underground developer who intends to engage in a project subject to underground safety impact assessment shall submit an inspection report on ex-post underground safety impact, the fact that measures need to be taken for underground safety, and the details of the measures taken, to the Minister of Land, Infrastructure and Transport and the head of an agency that grants approval in electronic form within 60 days from the date the inspection of ex-post underground safety impact is complete. |
| (5) | Article 15 shall apply mutatis mutandis to those qualified to conduct an inspection of ex-post underground safety impact. In such cases, "underground safety impact assessment" shall be construed as "inspection of ex-post underground safety impact". |
| Article 22 (Notification of Reassessment Results) |
SECTION 2 Small-Scale Underground Safety Impact Assessment
| Article 23 (Projects Subject to Underground Safety Impact Assessment) |
"Small-scale project prescribed by Presidential Decree" in the main sentence of Article 23 (1) of the Act (hereinafter referred to as "project subject to small-scale underground safety impact assessment") means a project involving excavation works to a depth of at least 10 meters but less than 20 meters, and the types and scope of such work shall be as specified in attached Table 1.
| Article 24 (Grounds for Exemption from Small-Scale Underground Safety Impact Assessment) |
| (1) | "Cases prescribed by Presidential Decree, such as cases where emergency restoration due to a natural disaster or accident is required" in the proviso of Article 23 (1) of the Act means the following cases: |
| 1. | Where emergency restoration is required due to a natural disaster or accident; |
| 2. | Where emergency restoration is required due to interruptions of electricity or telecommunications or the rupture or leakage of water, sewage, gas pipelines, etc.; |
| 3. | Other cases the head of a relevant central administrative agency or the head of a local government deems require emergency restoration. |
| (2) | An underground developer who has executed an emergency construction work (hereinafter referred to as "emergency construction work") under the proviso of Article 23 (1) of the Act shall notify the Minister of Land, Infrastructure and Transport or the head of an agency that grants approval, of the results of said construction work without delay. |
| Article 25 (Items Subject to and Methods of Small-Scale Underground Safety Impact Assessment) |
| (1) | Items subject to small-scale underground safety impact assessment and methods of such assessment shall be as specified in attached Table 6. |
| (2) | Article 15 shall apply mutatis mutandis to the qualifications of persons who may conduct a small-scale underground safety impact assessment under Article 23 (2) of the Act. In such cases, "underground safety impact assessment" shall be construed as "small-scale underground safety impact assessment". |
| (3) | Methods of preparing a small-scale underground safety impact assessment report under Article 23 (2) of the Act (hereinafter referred to as "small-scale underground safety impact assessment report") shall be as specified in attached Table 7. |
| (4) | Except as provided in paragraphs (1) through (3), Articles 16 (2) and (3), 17 through 20, and 22 shall apply mutatis mutandis to a small-scale underground safety impact assessment. In such cases, "underground safety impact assessment" shall be construed as "small-scale underground safety impact assessment"; and "underground safety impact assessment report" as "small-scale underground safety impact assessment report", respectively. |
CHAPTER IV IMPLEMENTATION OF UNDERGROUND SAFETY IMPACT ASSESSMENT ON BEHALF OF UNDERGROUND DEVELOPERS OR UNDERGROUND STRUCTURE MANAGERS
| Article 26 (Registration of Institutions Specializing in Underground Safety Impact Assessment) |
| (1) | "Standards for registration prescribed by Presidential Decree, such as technical workforce and equipment" in Article 25 (1) of the Act means the standards for registration specified in attached Table 8. |
| Article 27 (Temporary Failure to Meet Standards for Registration) |
"Cases prescribed by Presidential Decree, such as where it fails to meet standards for registration temporarily" in the proviso of Article 28 (1) 5 of the Act means any of the following: | 1. | Any of the following cases where it fails to meet the capital standards among the standards for registration in attached Table 8: |
| (a) | Where the court has ordered commencement of rehabilitation procedures and the process is underway under the Debtor Rehabilitation Bankruptcy Act; |
| (b) | Where a relevant institution specializing in underground safety impact assessment is in the process of implementing a rehabilitation plan after the court has decided that the rehabilitation procedures are complete under the Debtor Rehabilitation Bankruptcy Act, as is deemed appropriate; |
| (c) | The council of financial creditors has passed a resolution to commence joint administrative proceedings under the Corporate Restructuring Promotion Act, and the process is underway; |
| (d) | Where a listed company subject to the proviso of Article 542-8 (1) of the Commercial Act has continuously failed to meet the registration standards due to a reduction in total capital as of the end of the recent business year for not more than 50 days; |
| 2. | Where a period during which an institution specializing in underground safety impact assessment has continuously failed to meet the standards for registration among registration standards in attached Table 8 for not more than 30 days due to the death, disappearance, or retirement of a person qualified as technical staff. |
| Article 28 (Standards for Administrative Measures) |
CHAPTER V SAFETY MANAGEMENT FOR UNDERGROUND STRUCTURES AND SURROUNDING GROUND
| Article 29 (Methods for Ground Subsidence Risk Assessment) |
| (1) | The methods and procedures for ground subsidence risk assessment shall be as specified in attached Table 10. |
| (2) | Article 15 shall apply mutatis mutandis to the qualifications of persons who may conduct a ground subsidence risk assessment. In such cases, "underground safety impact assessment" shall be construed as "ground subsidence risk assessment". |
| (3) | Methods for preparing a ground subsidence risk assessment report under Article 35 (1) of the Act (hereinafter referred to as "ground subsidence risk assessment report") shall be as specified in attached Table 11. |
| Article 30 (Emergency Safety Measures for Prevention of Accidents Due to Ground Subsidence) |
Where the head of a Si/Gun/Gu orders a relevant person to take safety measures under Article 38 (1) of the Act, he or she shall issue a written order to take safety measures which include the following to a relevant underground structure manager and the owner or occupant of relevant land (hereinafter referred to "relevant persons"): | 1. | Details of and reasons for safety measures; |
| 2. | Methods for taking safety measures; |
| 3. | Deadlines for safety measures. |
| Article 31 (Formulation of Plans for Improvement of Underground Structures Subject to Intensive Control) |
| (1) | An underground structure manager shall submit an improvement plan under Article 40 (1) of the Act (hereinafter referred to as "improvement plan") to the head of a Si/Gun/Gu within 30 days from the date underground structures and areas subject to intensive control of ground subsidence (hereinafter referred to as "underground structure subject to intensive control") under Article 35 (2) of the Act are designated and publicly notified. |
| (2) | An improvement plan shall include the following: |
| 1. | The location, scale, design drawing, managing entity, etc. of an underground structure subject to intensive control; |
| 2. | The status of ground subsidence risk of an underground structure subject to intensive control; |
| 3. | An improvement project plan including the period, costs, etc. required to improve an underground structure subject to intensive control; |
| 4. | Matters necessary to ensure safety prior to commencing an improvement project for an underground structure subject to intensive control; |
| 5. | Other matters necessary to implement an improvement project for underground structures subject to intensive control. |
| (3) | Upon receiving an improvement plan, the head of a Si/Gun/Gu shall submit said improvement plan to the Mayor/Do Governor within 15 days from the receipt of the plan. |
| (4) | Upon receiving the plan under paragraph (3), the Mayor/Do Governor shall submit the same to the Minister of Land, Infrastructure and Transport within 15 days from the receipt of the plan. |
| Article 32 (Emergency Measures against Ground Subsidence) |
| (1) | Where the head of a Si/Gun/Gu intends to take emergency measures under Article 41 (1) of the Act, he or she shall issue a written order to those required to take emergency measures; and shall issue written confirmation to those who have taken emergency measures accordingly: Provided, That in the event of an emergency, a verbal order may be issued. |
| (2) | Where the head of a Si/Gun/Gu intends to temporarily use land, buildings, structures, and other possession of third persons (hereinafter referred to as "land, etc.") or to change or remove obstacles under Article 41 (1) of the Act, he or she shall notify the details thereof in writing: Provided, That in the event of an emergency, a verbal notification may be issued; and where it is impracticable to identify relevant persons to be notified of, the fact that land, etc. is to be temporarily used or obstacles are to be changed or removed shall be posted on the bulletin board or the website of a relevant Si/Gun/Gu for at least 15 days. |
| (3) | Public officials who temporarily use other persons’ land, etc. or change or remove obstacles under Article 41 (1) of the Act shall carry a document indicating his or her authority and present it to interested persons. |
CHAPTER VI PRODUCTION OF INTEGRATED MAPS OF UNDERGROUND SPACES
| Article 33 (Production of Integrated Maps of Underground Spaces) |
| (1) | An integrated map of underground spaces shall include underground information. |
| (2) | An underground developer or an underground structure manager shall submit the updated information under Article 42 (2) of the Act (hereinafter referred to as "updated information") to the head of an agency managing underground information within 30 days from the date any change is made to the underground information in electronic form. |
| (3) | The head of an agency managing underground information, upon receiving the updated information under paragraph (2), shall reflect said information in the integrated underground information system under Article 43 of the Act (hereinafter referred to as "integrated underground information system") without delay. |
| (4) | The Minister of Land, Infrastructure and Transport shall incorporate the updated information reflected in the integrated underground information system under paragraph (3) into an integrated map of underground spaces within 30 days. |
| (5) | Except as provided in paragraphs (1) through (4), detailed matters necessary for producing an integrated map of underground spaces shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 34 (Construction and Operation of Integrated Underground Information System) |
| 1. | A history of changes in underground information; |
| 2. | Information regarding underground developers and underground structure managers; |
| 3. | Ground information, such as aerial photographs of topography and buildings in order to utilize them in connection with underground information; |
| 4. | Other information as the Minister of Land, Infrastructure and Transport deems necessary for use in connection with underground information. |
| (2) | The Minister of Land, Infrastructure and Transport shall perform the following duties in order to build and operate an integrated underground information system: |
| 1. | Collecting and managing underground information; |
| 2. | Standardizing an integrated underground information system; |
| 3. | Research and development regarding the construction and operation of an integrated underground information system and technical support therefor; |
| 4. | Linkage and sharing with an integrated underground information system, the underground safety information system constructed and operated under Article 47 of the Act (hereinafter referred to as "underground safety information system"), and the information system constructed and operated under other statutes and regulations. |
| (3) | The Minister of Land, Infrastructure and Transport may organize and operate a consortium with the head of an agency that manages underground information in order to efficiently construct and operate an integrated underground information system. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for constructing and operating an integrated underground information system shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 35 (Underground Information Utilization Support Center) |
| (1) | The underground information utilization support center designated under Article 44 (1) of the Act (hereinafter referred to as “underground information utilization support center") shall perform the following duties: |
| 1. | Supporting the collection and management of underground information under Article 34 (2) 1; |
| 2. | Supporting standardization of an underground information system under Article 34 (2) 2; |
| 3. | Conducting an investigation into and research on policies and institutions to provide and utilize underground information; |
| 4. | Conducting an investigation into and research on statistics relating to the provision and utilization of underground information; |
| 5. | Supporting underground safety impact assessment and ground subsidence risk assessment through analysis of and linkage with an integrated map of underground spaces; |
| 6. | Supporting the dissemination and utilization of an integrated map of underground spaces; |
| 7. | Facilitating commercialization of technologies related to integrated maps of underground spaces and dissemination thereof both domestically and internationally; |
| 8. | Education, public relations, and international cooperation in relation to an integrated map of underground spaces. |
| (2) | Standards for designating an underground information utilization support center shall be as follows: |
| 1. | Business goals and plans of an underground information utilization support center shall be appropriate; |
| 2. | Duties prescribed in the subparagraphs of paragraph (1) shall be conscientiously reflected in the contents of its business; |
| 3. | It shall have sufficient capabilities to perform its duties in terms of its personnel, organization, facility, and equipment; |
| 4. | It shall have a track record in research and projects related to underground information, such as underground infrastructure and ground. |
| (3) | Upon designating an underground information utilization support center, the Minister of Land, Infrastructure and Transport shall publish such fact in the Official Gazette. |
| (4) | The Minister of Land, Infrastructure and Transport may fully or partially subsidize the operation of an underground information utilization support center within budgetary limits. |
| (5) | Other matters necessary for designating and operating an underground information utilization support center shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 36 (Notification of Occurrence of Accidents) |
| (1) | "Accident larger than the size prescribed by Presidential Decree" in Article 46 (1) of the Act means any of the following cases: |
| 1. | Where ground of an area of at least one square meter or to a depth of at least one meter, subsides; |
| 2. | Where a person dies, is injured, or is missing due to ground subsidence. |
| (2) | Notification to be issued to the head of a local government having jurisdiction over a relevant project or underground structure under Article 46 (1) of the Act shall include the following: |
| 1. | The date and place of an accident; |
| 2. | Details of the accident; |
| 3. | Details of emergency safety measures; |
| Article 37 (Jurisdictions of the Central Underground Accident Investigation Committee) |
"Damage more severe than the amount prescribed by Presidential Decree" in Article 46 (3) of the Act means any of the following cases: | 1. | Where ground of an area of at least four square meters or to a depth of at least two meters, subsides; |
| 2. | Where at least three persons die, are injured, or are missing due to ground subsidence; |
| 3. | Other cases deemed by the Minister of Land, Infrastructure and Transport to require specialized investigation given the severity of damage. |
| Article 38 (Qualifications and Terms of Office of Members) |
| (1) | A central underground accident investigation committee under Article 46 (3) of the Act (hereinafter referred to as the "central underground accident investigation committee") shall be comprised of not more than 12 members, including one chairperson. |
| (2) | Members shall be commissioned or appointed by the Minister of Land, Infrastructure and Welfare from among any of the following persons, taking into account gender equality; and shall be elected from among and by the chairperson: |
| 1. | Public officials of Grade IV or higher working for an administrative agency related to underground development or underground facility management who have performed relevant duties for at least two years; |
| 2. | Those with at least 10 years’ field experience after being licensed as attorneys-at-law; |
| 3. | Those who have been serving or had served as an associate professor for at least five years, teaching in subjects such as soil, geology, or safety management; |
| 4. | Those who have worked for at least 10 years in the fields of soil, geology, or safety management after acquiring doctorate; |
| 5. | Those who have worked for at least 10 years in an agency or organization specializing in underground safety impact assessment; and for whom three years have passed since he or she retired from the agency as of the date he or she is commissioned; |
| 6. | Those who have worked for at least 10 years in an agency or organization related to underground development; and for whom three years have passed since he or she retired from the agency as of the date he or she is commissioned. |
| (3) | The term of office for those falling under paragraph (1) 2 through 6 shall end on the date an accident investigation report is submitted under Article 40 (2). |
| Article 39 (Meetings and Resolutions) |
| (1) | The chairperson shall convene and preside over meetings of the central underground accident investigation committee. |
| (2) | Any decision at a meeting of the central underground accident investigation committee shall require the concurring vote of a majority of those present. |
| (3) | Members who attend a meeting or participate in an accident investigation may be paid allowances and reimbursed travel expenses: Provided, That this shall not apply to the attendance of a member who is a public official in direct relation to his or her duties. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for organizing and operating a central underground accident investigation committee shall be determined by the chairperson following resolutions by the committee. |
| Article 40 (Accident Investigation Reports) |
| (1) | The central underground accident investigation committee shall complete its activities within six months from its organization: Provided, That where it is impracticable to do so within the set period, it may extend the period only once following its resolution by not more than three months. |
| (2) | The central underground accident investigation committee shall submit an accident investigation report which includes the following, to the Minister of Land, Infrastructure and Transport within 30 days after completing its activities under paragraph (1): |
| 1. | Overview of an accident; |
| 2. | Analysis of the cause of an accident; |
| 3. | The results of the measures taken and follow-up measures; |
| 4. | Other matters investigated and analyzed in relation to an accident. |
| (3) | The Minister of Land, Infrastructure and Transport shall make sure that the accident investigation report submitted under paragraph (2) be utilized as materials for preventing accidents similar thereto by distributing said report to relevant institutions. |
| Article 41 (Underground Accident Investigation Committee) |
Articles 38 through 40 shall apply mutatis mutandis to the organization and operation of the underground accident investigation committee under Article 46 (4) of the Act. In such cases, the "Minister of Land, Infrastructure and Transport" shall be construed as the "head of a local government"; and the "central underground accident investigation committee" as the "underground accident investigation committee".
| Article 42 (Construction and Operation of Underground Safety Information System) |
| (1) | The Minister of Land, Infrastructure and Transport shall perform the following duties in order to construct and operate an underground safety information system: |
| 1. | Collecting and managing information and data related to underground safety technologies; |
| 2. | Standardizing the underground safety information system; |
| 3. | Conducting research and development regarding the construction and operation of an underground safety information system, and providing technical support therefor; |
| 4. | Seeking joint research, etc. with institutions or organizations possessing information or data regarding underground safety information technology. |
| (2) | Methods for submitting materials through an underground safety information system, processing steps, storage methods, disclosure, and other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 43 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport shall delegate the following authority to the head of a regional construction and management administration (referring to Jeju Special Self-Governing Province Governor, if an area under his or her jurisdiction is Jeju Special Self-Governing Province) under Article 49 (1) of the Act: |
| 2. | The following authority regarding examination of an underground safety impact assessment report and notification under Article 16 of the Act: |
| (c) | Requesting supplementation or adjustment or requesting to order supplementation or adjustment under Article 16 (3) of the Act; |
| 4. | The following authority regarding adjustment of the details of consultations and re-consultations under Article 18 of the Act: |
| (c) | Receiving the results of whether the details of re-consultations are reflected in a project plan; and requesting to reflect the details of re-consultations in a project plan under Article 18 (6) of the Act; |
| 6. | The following authority regarding ex-post underground safety impact inspection under Article 20 of the Act: |
| 7. | The following authority regarding the implementation, management, and supervision of details of consultations under Article 21 of the Act: |
| 9. | The authority under subparagraphs 2 through 5, 7, and 8 regarding small-scale underground safety impact assessments under Article 23 (3) of the Act; |
| 10. | Issuing orders to file a report or to submit data and instructing to conduct examinations under Article 30 (1) of the Act; |
| 12. | The following authority regarding a plan for improvement of underground structures subject to intensive control under Article 40 of the Act: |
| (2) | Pursuant to Article 49 (2) of the Act, the Minister of Land, Infrastructure and Transport shall entrust an institution designated under paragraphs (3) and (4) with the following duties: |
| 1. | The following duties regarding performance management of an institution specializing in underground safety impact assessment under Article 32 of the Act: |
| (a) | Receiving the results of underground safety impact assessments, etc. an institution specializing in underground safety impact assessment has conducted on behalf of others under Article 32 (1) of the Act; |
| (b) | Keeping and managing records and issuing a written confirmation of underground safety impact assessments, etc. conducted on behalf of others under Article 32 (2) of the Act; |
| (3) | A person eligible to be entrusted with the duties prescribed in paragraph (2) shall be one of the following institutions which also has personnel and equipment required to perform the entrusted duties: |
| 2. | The Korea Infrastructure Safety Corporation established under Article 25 of the Special Act on the Safety Control of Establishments; |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to designate an institution to be entrusted with duties under paragraph (3), he or she shall determine and post the details of the duties entrusted, methods of handling them, and other necessary matters in the Official Gazette. |
| Article 44 (Processing of Personally Identifiable Information) |
The Minister of Land, Infrastructure and Transport (including a person delegated or entrusted with the authority of the Minister of Land, Infrastructure and Transport under Article 49 of the Act), the Mayor/Do Governor, and the head of a Si/Gun/Gu (including those entrusted with the duties of the Mayor/Do Governor and the head of a Si/Gun/Gu under Article 49 (2) of the Act) may process data that include resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, where there is any extenuating circumstance preventing him or her from performing the following affairs: | 1. | Business affairs regarding verifying qualifications of those who conduct any underground safety impact assessment, inspection of ex-post underground safety impact, small-scale underground safety impact assessment, and ground subsidence risk assessment under Articles 15, 21 (5), 25 (2), and 29 (2), respectively (hereinafter referred to as "underground safety impact assessment, etc."); |
| 2. | Business affairs regarding the registration of an institution specializing in underground safety impact assessment and reports on modification of any registered item under Article 25 of the Act. |
| Article 45 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years, counting from January 1, 2018 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
| 1. | The scope of projects subject to underground safety impact assessment and timing for requesting consultation under Article 13 and attached Table 1; |
| 2. | Projects subject to re-consultation under Article 20; |
| 3. | The scope of small-scale projects subject to underground safety impact assessment, and timing for requesting consultation under Article 23 and attached Table 1; |
| 4. | Standards for registering institutions specializing in underground safety impact assessment under Article 26 and attached Table 8. |
CHAPTER VIII PENALTY PROVISIONS
| Article 46 (Imposition of Administrative Fines) |
| 1. | Administrative fines under Article 56 (1) 1 and 3 of the Act, paragraph (2) of that Article, and paragraph (3) 3, 6, and 15 through 17 of that Article: The Minister of Land, Infrastructure and Transport; |
| 2. | Administrative fines under Article 56 (1) 1 and 3 of the Act, paragraph (2) of that Article, and paragraph (3) 3 through 5, 15, and 17 of that Article: The Mayor/Do Governor; |
| 3. | Administrative fines under Article 56 (1) of the Act, paragraph (2) of that Article, and paragraph (3) 1, 2, 7 through 15, and 17 of that Article: The head of a Si/Gun/Gu. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 (Transitional Measures concerning Submission of Safety Management Regulations)
An underground structure manager managing an underground structure in use as at the time this Decree enters into force shall submit safety management regulations to the head of a relevant Si/Gun/Gu by not later than March 31, 2018, notwithstanding the amended provisions of Article 9 (1). Article 3 (Transitional Measures concerning Completion of Training for Engineers in Charge)
Those who satisfy qualification requirements for technical personnel under subparagraph 2 of attached Table 8 as at the time this Decree enters into force and have not completed training prescribed in Article 15 (1), the latter part of Article 15 (2), Article 21 (5) that applies mutatis mutandis to Article 15, and Articles 25 (2) and 29 (2), shall complete relevant training by not later than March 31, 2018.
ADDENDA <Presidential Decree No. 28628, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 29360, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 13, 2018. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29461, Dec. 31, 2018>
This Decree shall enter into force on the date of its promulgation.