CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to establish the foundation for developing the building service industry and to contribute to enhancing public convenience and advancing the national economy through the promotion of the building service industry by providing for matters necessary to support and foster the building service industry.
| (1) | The definitions of terms used in this Act shall be as follows: <Amended by Act No. 15994, Dec. 18, 2018> |
| 1. | The term “building service” means research, survey, consultation, guidance, formulation of strategies, planning, analysis, development, design, supervision, safety examination, construction management, maintenance, appraisal, etc. required to construct buildings and create spatial environment (hereinafter referred to as "buildings, etc.”); |
| 1-2. | The term "building planning" means examining the necessity for a building project; reviewing the location selection, method for placing an order, and plan for design management; and formulating preliminary strategies for the spatial composition, operational plan, etc. prior to designing a building, etc. to improve the efficiency of the building project and enhance public values, and the dignity of design, of the building, etc.; |
| 2. | The term "building service industry" means an industry that creates economic or social value added through building service activities; |
| 3. | The term "building service business" means a business that performs activities for building service; |
| 4. | The term "building service provider" means a person engaged in the building service business; |
| 5. | The term “public institution” means any of the following institutions or organizations: |
| 6. | The term "public building" means a building or spatial environment built or created by a public institution. |
| Article 3 (Responsibilities of State and Local Governments) |
| (1) | The State and local governments shall establish policies for promoting the building service industry; and shall prepare measures for providing administrative and financial support necessary for the implementation thereof. |
| (2) | Clients and project owners shall endeavor to ensure that the building service business is conducted in accordance with fair standards and procedures. |
| Article 4 (Relationship to Other Statutes) |
| (1) | This Act shall apply to the building service industry, except as otherwise provided in other statutes. <Amended by Act No. 15994, Dec. 18, 2018> |
| Article 5 (Formulation of Master Plans for Promoting Building Service Industry) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and implement a master plan for promoting the building service industry (hereinafter referred to as "master plan") every five years to promote the building service industry. |
| (2) | A master plan shall contain the following matters: |
| 1. | Basic directions of policies for promoting the building service industry; |
| 2. | Policies for promoting the building service industry by field; |
| 3. | Matters for establishing and operating an information system for the building service industry prescribed in Article 8; |
| 4. | Matters related to research and development for promoting the building service industry prescribed in Article 9; |
| 5. | Matters related to the standardization of the building service industry prescribed in Article 10; |
| 6. | Matters for fostering human resources specializing in building services provided for in Article 13; |
| 7. | Matters for facilitating the employment and business startup in the building service industry provided for in Articles 14 and 15; |
| 8. | Matters for supporting the overseas expansion and international exchange of the building service industry provided for in Article 19; |
| 9. | Matters related to support for excellent buildings, etc. prescribed in Article 20; |
| 10. | Matters related to enhancing dignity, such as promoting design competitions prescribed in Article 21; |
| 11. | Other matters prescribed by Presidential Decree to promote the building service industry. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to establish or amend a master plan, he/she shall pre-consult with the heads of the relevant central administrative agencies thereon; and shall determine it after undergoing deliberation of the Presidential Commission on Architecture Policy referred to in Article 13 of the Framework Act on Building. |
| (4) | The Minister of Land, Infrastructure and Transport shall formulate and implement an implementation plan for promoting the building service industry (hereinafter referred to as “implementation plan”) each year based on a master plan. |
| (5) | Where the Minister of Land, Infrastructure and Transport has established a master plan or implementation plan, he/she shall notify it to the heads of relevant central administrative agencies and the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Metropolitan Autonomous City Mayor, a Do Governor, and the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayors/Do Governors"): Provided, That the foregoing shall not apply when minor matters prescribed by Presidential Decree are to be amended. |
| (6) | Matters necessary to formulate, amend, implement, etc. a master plan and an implementation plan, other than those provided for in paragraphs (1) through (5), shall be prescribed by Presidential Decree. |
| Article 6 (Relationship to Other Plans) |
| (1) | Where the Government establishes plans or implements projects related to the building service industry pursuant to the relevant statutes and regulations, it shall take into account the contents of the master plan and implementation plan. |
| (2) | The master plan and implementation plan shall be in harmony with the master plan for architectural policy and master plans for provincial architecture prescribed in the Framework Act on Building, and any other related plans. |
CHAPTER II ESTABLISHMENT OF FOUNDATION FOR BUILDING SERVICE INDUSTRY
| Article 7 (Fact-finding Surveys) |
| (1) | The Minister of Land, Infrastructure and Transport may conduct a fact-finding survey on the building service industry in order to secure basic data and to prepare statistics necessary to promote the building service industry: Provided, That when there is a request from the heads of the relevant central administrative agencies, the Minister of Land, Infrastructure and Transport shall conduct a fact-finding survey jointly with them. |
| (2) | Matters necessary for determining the frequency, method, target, etc. of fact-finding surveys provided for in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Establishment of Information System for Building Service Industry) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish an information system for the building service industry (hereinafter referred to as “information system”) in order to systematically collect and manage information, data, etc. related to the building service industry. |
| (2) | The information system shall contain the following matters: |
| 1. | Matters related to the current status of the building service industry in and out of the Republic of Korea; |
| 2. | Matters related to the performance of building service providers in winning contracts; |
| 3. | Matters related to the bidding information of the building service business in and out of the Republic of Korea; |
| 4. | Matters related to research and development related to building services; |
| 5. | Matters related to the current status, education and training of human resources specializing in building services; |
| 6. | Other matters necessary to provide information on the building service industry. |
| (3) | Where the Minister of Land, Infrastructure and Transport establishes an information system, he/she shall establish a link between the information system and the basic plan for national informatization and the implementation plan for national informatization referred to in Articles 6 and 7 of the Framework Act on National Informatization. |
| (4) | Matters necessary to establish, operate, use, etc. the information system, other than those provided for in paragraphs (1) through (3), shall be prescribed by Presidential Decree. |
| Article 9 (Research and Development of Building Service Industry) |
| (1) | For the purpose of implementing research and development policies established under a master plan to promote the building service industry, the Government may conduct research and development projects necessary to develop the building service industry by concluding agreements with public institutions, universities, private organizations, or corporations. |
| (2) | To enhance the performance of the research and development of the building service industry, the Government may have institutions that have concluded an agreement in accordance with paragraph (1) promote joint research, and provide necessary support therefor. |
| (3) | Where it is deemed necessary to promote the use and dissemination of research results achieved pursuant to paragraph (1) and the linkage with related industries, the Government may conduct a pilot project for promoting the building service industry, as prescribed by Presidential Decree. |
| (4) | Matters necessary in regards to the methods for concluding agreements pursuant to paragraph (1), the promotion of joint research and support for performance of research pursuant to paragraph (2), and other related matters shall be prescribed by Presidential Decree. |
| Article 10 (Establishment of Foundation for Standardization) |
The Minister of Land, Infrastructure and Transport may promote any of the following policies for standardization research and dissemination in order to develop the building service industry:
| 1. | Standardization of design information, design standards, and the forms of design documents; |
| 2. | Standardization of materials used in buildings, etc.; |
| 3. | Standardization of the methods and procedures for selecting designers; |
| 4. | Other matters prescribed by Presidential Decree. |
| Article 11 (Protection of Intellectual Property Rights) |
| (1) | The Government shall promote the following policies in order to protect the intellectual property rights of building services: |
| 1. | Copyright protection regarding architectural design; |
| 2. | Protection of new technologies constituting building services; |
| 3. | Education and publicity regarding intellectual property rights of building services; |
| 4. | Business incidental to projects prescribed in subparagraphs 1 through 3. |
| (2) | Where it is necessary to protect the intellectual property rights of building services, the Minister of Land, Infrastructure and Transport may request cooperation from the heads of the relevant central administrative agencies regarding the improvement, operational efficiency, etc. of the relevant systems. |
| Article 12 (Establishment of Fair Trade Order) |
| (1) | No person who intends to place an order for building service shall use his/her status to force an unfair contract or to obtain undue interests on or from a building service provider. |
| (2) | The Minister of Land, Infrastructure and Transport may pursue any of the following projects in order to establish fair trade order in the building service industry: |
| 1. | Analysis and evaluation of the current status of the building service industry environment; |
| 2. | Support for the establishment of a cooperation system in which business operators, etc. related to the building service industry participate; |
| 3. | Other projects necessary to establish fair trade order. |
| (3) | To establish fair trade order in the building service industry, the Minister of Land, Infrastructure and Transport may, in consultation with the Chairman of the Fair Trade Commission, formulate or amend the standard terms and conditions or standard contracts for the building service industry, and recommend the enforcement thereof. In such cases, public institutions shall apply the standard terms and conditions or standard contracts when concluding contracts in the absence of special circumstances. |
CHAPTER III PROMOTION OF BUILDING SERVICE INDUSTRY
| Article 13 (Fostering Human Resources Specializing in Building Services) |
| (1) | The State and local governments shall formulate and implement policies for identifying and training humans resources necessary to promote the building service industry. |
| (2) | In order to foster humans resources specializing in building services, the State and local governments may designate universities, research institutes, and other specialized agencies as personnel training institutions, and wholly or partially reimburse the expenses necessary for education and training within the budget, as prescribed by Presidential Decree. |
| (3) | The State and local governments may select and reward specialists with the competence to provide excellent building services and provide them with necessary support as prescribed by Presidential Decree, such as preferentially allowing them to participate in the education of professional humans resources organized by the State or local governments, providing support for business startup activities, etc. |
| (4) | Where the State and local governments select designers through a public competition in order to encourage competent architects (referring to architects provided for in the Certified Architects Act; hereafter in this Article the same shall apply) to participate in public projects with a view to promoting balanced development of the building service industry and creative design, they may limit the participation in the public competition to architects who meet the qualification requirements prescribed by Presidential Decree. |
| (5) | Matters necessary for identifying, nurturing, supporting, etc. humans resources specializing in building services shall be prescribed by Presidential Decree. |
| Article 14 (Promotion of Employment of Humans Resources Specializing in Building Services) |
| (1) | The Government shall establish and promote measures necessary to promote the employment of humans resources specializing in building services. |
| (2) | The Government may recommend that building service providers expand the employment of humans resources specializing in building services. |
| (3) | The Government may reimburse the expenses incurred in promoting the employment of humans resources specializing in building services prescribed in paragraphs (1) and (2) within the budget. |
| Article 15 (Support for Business Startup) |
The Government may provide any of the following administrative and financial support to facilitate and promote the business startup activities related to the building services industry:
| 1. | Providing subsidy or loan as business startup funds; |
| 2. | Providing research and development results related to building services; |
| 3. | Joint use of high-priced equipment; |
| 4. | Providing preferential opportunities to become a tenant of facilities for promoting the building service industry prescribed in Article 16; |
| 5. | Other matters prescribed by Presidential Decree. |
| Article 16 (Designation of Facilities for Promoting Building Service Industry) |
| (1) | In order to promote the building service industry, the Minister of Land, Infrastructure and Transport may designate buildings intensively occupied by building service providers as facilities for promoting the building service industry (hereinafter referred to as “promotion facilities"), and provide necessary support such as provision of funds and facilities, etc. |
| (2) | A person who intends to acquire designation as a promotion facility shall apply to the Minister of Land, Infrastructure and Transport for designation as prescribed by Presidential Decree. |
| (3) | Where the Minister of Land, Infrastructure and Transport designates a promotion facility pursuant to Paragraph (1), he/she may attach conditions necessary for developing the building service industry. In such cases, such conditions shall be limited to the minimum extent necessary to promote the public interest and shall not impose undue obligations. |
| (5) | Matters necessary for the requirements for designation of, support for, etc. promotion facilities shall be prescribed by Presidential Decree. |
| Article 17 (Revocation of Designation of Promotion Facilities) |
In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation of promotion facilities, as prescribed by Presidential Decree: Provided, That in the case of subparagraph 1, he/she shall revoke the relevant designation:
| 1. | When the designation has been acquired by deceit or in any other fraudulent way; |
| 2. | When the promotion facility comes to fail to meet the designation requirements; |
| 3. | When the funds or facilities supported pursuant to Article 16 (1) have been used for any purpose other than their intended purposes; |
| 4. | When the promotion facility fails to comply with the conditions for designation prescribed in Article 16 (3). |
| Article 18 (Support for Promotion Facilities by Local Governments) |
Where it is necessary to promote the building service industry, local governments may contribute to persons intending to establish promotion facilities and public institutions supporting the building service industry.
| Article 19 (Support for Overseas Expansion and International Exchange) |
| (1) | In order to facilitate overseas expansion and international exchange of the building service industry, the Government may subsidize expenses necessary for the following: |
| 1. | Survey and research for overseas expansion and international exchange; |
| 2. | Administrative and financial support for overseas expansion; |
| 3. | Provision of information, counseling, and cooperation regarding overseas expansion; |
| 4. | Education and training regarding overseas expansion; |
| 5. | Other matters prescribed by Presidential Decree to promote overseas expansion and international exchange. |
| (2) | In order to efficiently support overseas expansion and international exchange prescribed in paragraph (1), the Minister of Land, Infrastructure and Transport may entrust the relevant duties to an agency or organization prescribed by Presidential Decree or require such agency or organization to perform such duties on his/her behalf, and reimburse expenses incurred in doing so. |
| Article 20 (Designation of and Support for Excellent Buildings) |
| (1) | The Minister of Land, Infrastructure and Transport and a Mayor/Do Governor may designate excellent buildings, etc. to raise the pride of workers in the building service industry and to enhance the competitiveness of the building service industry with highly dignified buildings. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to designate excellent buildings, etc. pursuant to paragraph (1), he/she shall comply with the standards and procedures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where a Mayor/Do Governor intends to designate excellent buildings, etc. pursuant to paragraph (1), he/she shall comply with the standards and procedures prescribed by ordinance of the relevant local government. |
| (4) | With respect to all or part of the expenses for repairing or remodeling excellent buildings, etc. designated under paragraph (1), the Minister of Land, Infrastructure and Transport and a Mayor/Do Governor may provide financial support within the budget, or grant tax reduction or exemption in accordance with the Restriction of Special Taxation Act or the Restriction of Special Local Taxation Act. |
CHAPTER IV PROMOTION OF BUILDING SERVICE INDUSTRY THROUGH ENHANCEMENT OF QUALITY OF BUILDINGS
| Article 21 (Promotion of Design Competitions) |
| (1) | To promote the building service industry and to enhance the dignity of public building, public institutions shall select an appropriate method for placing orders by taking into account, among other things, the characteristics, size, and construction costs of buildings to be commissioned. |
| (2) | Where a public institution intends to place an order for the design (referring to the design prescribed in the Certified Architects Act; hereafter in this Article the same shall apply) of buildings, etc. that meet the purpose and scale prescribed by Presidential Decree with a view to creating excellent buildings, etc., it shall use a public competition as the preferred method for placing orders; and matters necessary for the target, standards, procedures, etc. of public competitions shall be prescribed by Presidential Decree. |
| (3) | Where a public institution intends to place an order for design that meets the scale prescribed by Presidential Decree, except for cases subject to the requirement to preferentially apply the method of a public competition prescribed in paragraph (2), it shall comply with the standards, procedures, etc. for selecting business operators prescribed by Presidential Decree. |
| Article 22 (Implementation of Design Intents) |
| (1) | Where a public institution places an order for constructing buildings, etc. prescribed by Presidential Decree, it shall involve the designer of the relevant buildings, etc. in the construction process so that the design intent of the designer can be realized, as prescribed by Presidential Decree. |
| (2) | The designers of buildings, etc. may propose matters necessary for realizing the intent of their design and for maintaining and managing buildings, etc. to the owner, constructor, supervisor, etc. so that their design intent can be realized. |
| (3) | To ensure an appropriate participation of designers in the construction process pursuant to paragraph (1), neither the contractor nor the supervisor shall interfere with their participation without just cause, and matters necessary with regards to the details, scope of responsibility, etc. regarding the participation of designers shall be prescribed by Presidential Decree. |
| Article 22-2 (Implementation of Public Building Planning) |
| (1) | Public institutions shall endeavor to ensure that buildings, etc. embody public values of construction, exhibit appropriate levels of dignity, and are constructed in accordance with reasonable standards. |
| (2) | Where a public institution intends to conduct a public building project, it shall implement building planning, including the following matters: |
| 1. | Matters necessary for implementing the project, such as its scope, contents, period, and financing plans; |
| 2. | The method for placing an order; |
| 3. | The plan for design management; |
| 4. | The plan to enhance the sustainability, such as energy efficiency; |
| 5. | Other matters prescribed by Presidential Decree to enhance public values and dignity. |
| (3) | Where a contracting authority defined in subparagraph 6 of Article 2 of the Construction Technology Promotion Act is a public institution and the public institution has implemented building planning under paragraph (2), the institution shall be deemed to have undergone the execution process prescribed by Presidential Decree, such as a schematic design and determining the method of executing the construction works, in the execution process of construction works prescribed in Article 46 of the same Act. |
| (4) | Where a public institution intends to conduct a public building project prescribed by Presidential Decree, it shall submit the contents of building planning to the relevant public building deliberation committee established under Article 22-3 for deliberation, prior to giving public notice of a tender for design services: Provided, That where the public building project is required to request review on its project plan under Article 23 (2), the public institution shall request deliberation by the public building deliberation committee after such review is completed. |
| (5) | A public institution may request any of the following persons to implement building planning under paragraph (2): |
| 1. | The public building support center designated under Article 24; |
| 2. | The relevant local public building support center established under Article 24-2 (limited to a public building support center approved by the Minister of Land, Infrastructure and Transport under Article 24-2 (3)); |
| 3. | An expert prescribed by Presidential Decree, who has extensive knowledge and experience in the architectural field. |
| (6) | Except as provided for in paragraphs (1) through (5), details about the implementation of building planning shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 15994, Dec. 18, 2018]
| Article 22-3 (Public Building Deliberation Committees) |
| (1) | A public building deliberation committee shall be established in a public institution to deliberate on matters regarding building planning for public building projects or to respond to requests for advice: Provided, That where it is impracticable to establish and operate a public building deliberation committee within a public institution, a committee or commission may perform functions of a public building deliberation committee on its behalf according to the following classifications: |
| 2. | A local government or a local public enterprise prescribed in the Local Public Enterprises Act: A provincial commission on architecture policy established under Article 18 of the Framework Act on Building: Provided, That where no provincial commission on architecture policy has been established, a building committee established by a Mayor/Do Governor or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) may act on behalf of the relevant public building deliberation committee. |
| (2) | In receipt of a request for deliberation on building planning under Article 22-2 (4), a public building deliberation committee shall deliberate on the appropriateness of the detailed tasks of design services and other matters prescribed by Presidential Decree; and shall notify the person who has requested its deliberation of the results of deliberation. |
| (3) | A public institution shall take measures necessary for reflecting the results of deliberation referred to in paragraph (2) in design of the relevant building, etc. and construction works (referring to construction works defined in subparagraph 4 of Article 2 of the Framework Act on the Construction Industry). |
| (4) | The composition and operation of public building deliberation committees established under paragraph (1) and other necessary matters shall be determined by public institutions in accordance with the standards prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15994, Dec. 18, 2018]
| Article 23 (Preliminary Review of Public Building Project Plans) |
| (1) | Deleted. <by Act No. 15994, Dec. 18, 2018> |
| (2) | Where a public institution intends to conduct a public building project prescribed by Presidential Decree, it shall prepare a project plan containing matters specified in the subparagraphs of Article 22-2 (2); and shall provide it to the public building support center designated under Article 24 or to the local public building support center established under Article 24-2 (hereinafter referred to as "public building support center, etc.") to request its review: Provided, That where a person specified in Article 22-2 (5) 1 or 2 implements building planning under Article 22-2 (2), a review of a project plan shall be deemed conducted. <Amended by Act No. 15994, Dec. 18, 2018> |
| 1. | through 5. Deleted. <by Act No. 15994, Dec. 18, 2018> |
| (3) | Public institutions may seek advice from the public building support center, etc. in preparing project plans, planning public building projects, etc. prescribed in paragraph (2); and the public building support center, etc. shall respond to such request for advice except in extenuating circumstances. <Amended by Act No. 15994, Dec. 18, 2018> |
| (4) | Where any change is made to the project budget or the location, scale, etc. of a building, etc., among the contents of a project plan referred to in paragraph (2), the relevant public institution may request the public building support center, etc. to advise on or re-review an amended business plan: Provided, That where a public institution changes any important matters prescribed by Presidential Decree, such as the location of a building, etc., it shall request the public building support center, etc. to re-review the amended project plan. <Newly Inserted by Act No. 15994, Dec. 18, 2018> |
| (5) | The public building support center, etc. shall review project plans that it has been requested to review or re-review under paragraph (2) or (4); and shall provide its opinions thereon within 30 days to the relevant public institution and to the heads of the relevant central administrative agencies and the heads of the relevant local governments. <Amended by Act No. 15994, Dec. 18, 2018> |
| (6) | In receipt of review opinions pursuant to paragraph (5), the institution shall consider them when performing its duties related to the relevant project, including budget compilation, placing an order for design services, etc. <Amended by Act No. 15994, Dec. 18, 2018> |
| (7) | Matters necessary for the procedures, utilization, etc. of the review and re-review provided for in paragraphs (2) through (6) shall be prescribed by Presidential Decree. <Amended by Act No. 15994, Dec. 18, 2018> |
| Article 24 (Public Building Support Center) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a relevant public institution as the public building support center in order to perform the following duties: <Amended by Act No. 15994, Dec. 18, 2018> |
| 2. | Preliminary review of public building project plans under Article 23 (2) and re-review of amended project plans under Article 23 (4); |
| 3. | Provision of responses, etc. to requests for advice under Article 23 (3) or (4). |
| (2) | The scope of duties of the public building support center related to providing reponses to requests for advice, etc. shall be as follows: |
| 1. | Responses to requests for advice on placement of an order for public building; |
| 2. | Responses to requests for advice on planning and management of public building; |
| 3. | Responses to requests for advice on design management of public building; |
| 4. | Responses to requests for advice on measures for sustainability enhancement, such as improving the energy efficiency of public buildings, etc.; |
| 5. | Responses to requests for advice on measures for the maintenance and management of public buildings; |
| 6. | Education for officials of public institutions; |
| 7. | Building a database for public building; |
| 8. | Other matters related to providing advice and support regarding public building prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where a public institution is designated as the public building support center pursuant to paragraph (1), the Government may provide administrative and financial support as necessary for its operation. |
| (4) | Matters necessary for designating and operating the public building support center shall be prescribed by Presidential Decree. |
| (5) | Articles 28 through 30 shall apply mutatis mutandis to the operation of the public building support center, the obligations of its executives and employees, etc. |
| Article 24-2 (Establishment of Local Public Building Support Centers) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu may establish and operate a local public building support center. |
| (2) | A local public building support center established under paragraph (1) shall perform the following duties: |
| 1. | Preliminary review of public building project plans under Article 23 (2), for public building projects ordered by the relevant local government or the competent Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply); |
| 2. | The duties specified in the subparagraphs of Article 24 (2) regarding public building projects ordered by the relevant local government or the competent Si/Gun/Gu; |
| 3. | Any other matters requested by the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu. |
| (3) | Where a local public building support center intends to perform the duties specified in paragraph (2) 1 or 2, it shall obtain prior approval from the Minister of Land, Infrastructure and Transport. |
| (4) | The Minister of Land, Infrastructure and Transport may regularly evaluate the actual operational conditions of local public building support centers performing the duties specified in paragraph (2) 1 or 2. |
| (5) | Except as provided for in paragraphs (1) through (4), the establishment and operation of local public building support centers, approval, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15994, Dec. 18, 2018]
CHAPTER V BUILDING PROMOTION AGENCY AND SPECIAL ACCOUNT
| Article 25 (Establishment of Building Promotion Agency) |
| (1) | The Minister of Land, Infrastructure and Transport may establish the building promotion agency or designate an institution conducting duties related to the building service industry as the building promotion agency in order to promote the building service industry: Provided, That when the Minister of Land, Infrastructure and Transport intends to establish the building promotion agency, he/she shall pre-consult with the Minister of Strategy and Finance. |
| (2) | The building promotion agency shall conduct the following projects: |
| 1. | Research, survey, and planning of policies and systems intended to promote the building service industry; |
| 2. | Fact-finding surveys on the building service industry prescribed in Article 7 (1); |
| 3. | Establishing the information system prescribed in Article 8; |
| 4. | Support for research on and dissemination of building service standardization provided for in Article 10; |
| 5. | Support for business startup activities related to the building service industry provided for in Article 15; |
| 6. | Projects for publication and publicity; |
| 7. | Projects for education and training; |
| 8. | Projects for international exchange and cooperation; |
| 9. | Other projects for promoting the building service industry. |
| (3) | The building promotion agency may engage in profit-making business in order to raise funds necessary to accomplish the purpose prescribed in paragraph (1), as prescribed by Presidential Decree. |
| (4) | Where the building promotion agency is to be established pursuant to paragraph (1), it shall be established as a corporation; and may have executive officers and necessary employees as stipulated in its articles of incorporation. |
| Article 26 (Contributions) |
| (1) | The Government may provide contributions to the building promotion agency within the budget to cover expenses necessary for its business and operation. |
| (2) | The building promotion agency shall submit a budget request for contributions for the following year each business year to the Minister of Land, Infrastructure and Transport, as prescribed by the Presidential Decree. |
| Article 27 (Request for Provision of Materials) |
| (1) | The building promotion agency may request that the heads of institutions or organizations related to the building service industry collect and provide materials necessary to conduct projects. |
| (2) | A person, in receipt of a request for collecting and providing materials prescribed in paragraph (1), shall comply with it in the absence of special circumstances. |
| Article 28 (Submission of Project Plans) |
| (1) | The building promotion agency shall submit business plans and budget documents to the Minister of Land, Infrastructure and Transport by the first day of each business year, as prescribed by Presidential Decree. |
| (2) | The building promotion agency shall prepare a statement of accounts for each business year; and shall submit it to the Minister of Land, Infrastructure and Transport by March 31 of the following business year. |
| Article 29 (Report and Inspection) |
The Minister of Land, Infrastructure and Transport may order the building promotion agency to report the current status of its business, or require a public official under his/her jurisdiction to visit the building promotion agency to inspect its books, documents or other articles.
| Article 30 (Confidentiality) |
None of the following persons shall divulge any confidential information he/she became aware of in the course of performing his/her duties: <Amended by Act No. 15994, Dec. 18, 2018>
| 1. | A current or former member of a public building deliberation committee established under Article 22-3 (including a committee or commission performing the functions of the public building deliberation committee on its behalf pursuant to Article 22-3 (1); hereafter the same shall apply in subparagraph 1 of Article 35); |
| 2. | A current or former executive officer or employee of the public building support center, etc.; |
| 3. | A current or former executive officer or employee of the building promotion agency established under Article 25. |
| Article 31 (Establishment of Special Account for Promotion of Building) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu may establish a special account for promotion of building (hereinafter referred to as "special account") to support projects and activities for promoting the building service industry in areas under his/her jurisdiction. <Amended by Act No. 15994, Dec. 18, 2018> |
| (2) | The special account shall consist of the following financial resources: |
| 1. | Money transferred from a general account; |
| 3. | An amount corresponding to the percentage determined by ordinance of the relevant local government out of the charges for compelling compliance imposed and collected pursuant to Article 80 of the Building Act; |
| 4. | Donations from individuals or corporations; |
| (3) | The special account shall be used for the following purposes: |
| 1. | Expenses necessary for research, development, and dissemination for promoting the building service industry; |
| 2. | Expenses necessary for creating education courses and producing and distributing educational materials to promote the building service industry; |
| 3. | Expenses necessary for supporting business startup related to the building service industry; |
| 4. | Expenses necessary for supporting promotion facilities; |
| 5. | Expenses necessary for supporting excellent buildings, etc.; |
| 6. | Expenses necessary for conducting projects determined by municipal ordinance to promote the building service industry and to enhance the dignity of buildings, etc. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 32 (Tax Reduction and Exemption) |
The Minister of Land, Infrastructure and Transport and a Mayor/Do Governor may grant tax reduction or exemption to building service providers in accordance with the Restriction of Special Taxation Act and the Restriction of Special Local Taxation Act when it is deemed necessary to efficiently implement the policies for promoting the building service industry prescribed in this Act.
| Article 33 (Submission of Materials) |
In performing the following duties, the Minister of Land, Infrastructure and Transport may request the submission of necessary materials from building service providers and institutions or organizations related to the building service industry. In such cases, any person in receipt of a request for submission of materials shall comply with it in the absence of special circumstances:
| 1. | Establishing mater plans and implementation plans; |
| 2. | Fact-finding surveys prescribed in Article 7; |
| 3. | Establishing the information system; |
| 4. | Financial assistance pursuant to this Act. |
| Article 34 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may partially delegate his/her duties pursuant to this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport or the heads of local governments may partially entrust his/her duties pursuant to this Act to public institutions, as prescribed by Presidential Decree. |
| Article 35 (Deemed Public Official in Application of Penalty Provisions) |
| 1. | Members, other than public officials, among members of a public building deliberation committee established under Article 22-3; |
| 2. | Executive officers and employees of the public building support center, etc.; |
| 3. | Executive officers and employees of the building promotion agency prescribed in Article 25. |
CHAPTER VII PENALTY PROVISIONS
| Article 36 (Penalty Provisions) |
Any person who divulges any confidential information he/she became aware of in the course of performing his/her duties in violation of Article 30 shall be punished by imprisonment with labor for up to two years or by a fine not exceeding 20 million won. <Amended by Act No. 15994, Dec. 18, 2018>
| Article 37 (Administrative Fines) |
| (1) | Each of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A building owner who has failed to involve a designer in the construction process in violation of Article 22 (1); |
| 2. | A constructor or supervisor who has interfered with the participation of a designer without just cause in violation of Article 22 (3). |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor, as prescribed by Presidential Decree. |
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 15994, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Public Building Planning)
The amended provisions of Article 22-2 shall begin to apply from the first project for which public notice of a tender for design services is given or a negotiated contract is concluded, after this Act enters into force.