ENFORCEMENT DECREE OF THE CONSTRUCTION TECHNOLOGY PROMOTION ACT
Wholly Amended by Presidential Decree No. 25358, May 22, 2014
Amended by Presidential Decree No. 25478, Jul. 16, 2014
Presidential Decree No. 25716, Nov. 11, 2014
Presidential Decree No. 25938, Dec. 30, 2014
Presidential Decree No. 25985, Jan. 6, 2015
Presidential Decree No. 26302, jun. 1, 2015
Presidential Decree No. 26382, Jul. 6, 2015
Presidential Decree No. 26894, Jan. 12, 2016
Presidential Decree No. 27176, May 17, 2016
Presidential Decree No. 27205, May 31, 2016
Presidential Decree No. 27444, Aug. 11, 2016
Presidential Decree No. 27506, Sep. 22, 2016
Presidential Decree No. 27619, Nov. 29, 2016
Presidential Decree No. 27622, Nov. 29, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27792, Jan. 17, 2017
Presidential Decree No. 28555, Dec. 29, 2017
Presidential Decree No. 28586, Jan. 16, 2018
Presidential Decree No. 28792, Apr. 10, 2018
Presidential Decree No. 28947, jun. 8, 2018
Presidential Decree No. 29360, Dec. 11, 2018
Presidential Decree No. 29710, Apr. 23, 2019
Presidential Decree No. 29918, jun. 25, 2019
CHAPTER I GENERAL PROVISIONS
| Article 2 (Scope of Construction Technology) |
| 1. | Examining feasibility of a construction technology; |
| 2. | Processing information on construction technology using an information and communications system; |
| 3. | Estimating construction costs. |
| Article 3 (Scope of Contracting Authorities) |
| 1. | An institution funded by the State or a local government; |
| 3. | The implementer of a project to construct facilities the State, a local government, or a public corporation or quasi-governmental institution shall manage under relevant statutes; |
| 5. | A concessionaire defined in subparagraph 7 of Article 2 of the Act on Public-Private Partnerships in Infrastructure or a person to which such concessionaire has outsourced his/her project: Provided, That a project outsourcee shall be limited to a person who has invested at least one-half of the capital of the relevant concessionaire and has been approved as a contracting authority by the related central administrative agency; |
| Article 4 (Scope of Construction Engineers) |
"Person prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act means a person specified in attached Table 1.
| Article 4-2 (Scope of Construction Accidents) |
"Harm to life or property of a scale exceeding that prescribed by Presidential Decree" in subparagraph 10 of Article 2 of the Act means: | 1. | Harm to life, such as death or injuries requiring at least three-day work suspension; |
| 2. | Harm to property exceeding ten million won. |
[This Article Newly Inserted by Presidential Decree No. 26894, Jan. 12, 2016]
| Article 5 (Master Plans, etc. for Advancing Construction Technology) |
| (2) | The Minister of Land, Infrastructure and Transport shall prepare for necessary guidelines, based on which the heads of related administrative agencies can formulate annual implementation plans (hereinafter referred to as "implementation plans") of a master plan for advancing construction technologies referred to in Article 3 (1) of the Act (hereinafter referred to as "master plan") pursuant to Article 3 (4) of the Act; and shall notify the heads of related administrative agencies of such guidelines by not later than December 31 each year. |
| (3) | The head of a related administrative agency shall formulate an annual implementation plan for the fields under his/her jurisdiction based on the guidelines referred to in paragraph (2); and shall submit it to the Minister of Land, Infrastructure and Transport by not later than January 31 each year. |
| Article 6 (Functions of Central Deliberative Committee on Construction Technology) |
The Central Deliberative Committee on Construction Technology established under Article 5 of the Act (hereinafter referred to as the “Central Deliberative Committee”) shall deliberate on the following: <Amended by Presidential Decree No. 25938, Dec. 30, 2014> | 1. | Matters concerning master plans and policies for construction technology; |
| 3. | Formulating and amending a master plan for establishing an integrated information system to support construction works under Article 19 (1) of the Act; |
| 4. | Matters concerning the standards prescribed in Article 44 (1) of the Act (hereinafter referred to as "construction standards") (including construction standards under construction-related statutes, such as the Road Act and the River Act); |
| (a) | Matters concerning an objection raised regarding the scope and limits of new technologies, construction methods, etc. under Article 65 (5) of the Decree; |
| (b) | Matters concerning an objection raised regarding the scope and limits of alternative designs under the main sentence of Article 79 (2) of the Decree; |
| (c) | Matters concerning the method of bidding for large-scale construction works or specific construction works under Article 80 (1) of the Decree; |
| (d) | Assessing the adequacy of designs and awarding design points under Article 85 (5) of the Decree; |
| (e) | Adjusting the bid price for an alternative or modifying designs under Article 86 (8) of the Decree; |
| (f) | Methods of bidding for technical proposals for working designs or basic designs under Article 99 (1) of the Decree; |
| (g) | Assessing the adequacy of technical proposals for working designs and granting design points under Article 103 (3) of the Decree; |
| (h) | Assessing the adequacy of technical proposals for basic designs or working design documents; and methods of awarding design points under Article 105 (4) of the Decree; |
| 6. | Deliberating on whether a construction technology service provider appropriately manages the construction project a contracting authority has outsourced pursuant to Article 39 (1) of the Act, if so requested by the contracting authority; |
| 7. | Assessing the adequacy of detailed standards for evaluating pre-qualification; the methods and standards for evaluating technology; and a call for bids, to select a person who provides construction technology services the contracting authority has outsourced under Article 52 (6) and (7); |
| 8. | Standards for deliberating on the bidding methods under subparagraph 5 (c) and (f); |
| 9. | Other matters subject to deliberation under this Decree or other statutes; and matters that the Minister of Land, Infrastructure and Transport submits to the Central Deliberative Committee for deliberation. |
| Article 7 (Composition of Central Deliberative Committee) |
| (1) | The Central Deliberative Committee shall be comprised of not more than 500 members, including one chairperson and one vice chairperson. |
| (2) | The Vice Minister for Land and Infrastructure of the Ministry of Land, Infrastructure and Transport shall be the chairperson of the Central Deliberative Committee; and a person designated by the Minister of Land, Infrastructure and Transport shall be the vice chairperson. |
| (3) | Members of the Central Deliberative Committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport following recommendation by the chairperson from among the following persons. Where deemed necessary for efficient deliberation, the Minister of Land, Infrastructure and transport may additionally appoint or commission temporary members for each issue, up to one-fifth of the total members of the Central Deliberative Committee: |
| 1. | At least Grade-4 public officials (including members in general service of the Senior Executive Service) of administrative agencies related to the affairs of construction technology or public officials corresponding thereto; |
| 2. | Executive officers and employees of construction technology-related organizations and research institutes; |
| 3. | Persons with extensive knowledge and experience in construction technology. |
| (4) | The chairperson of the Central Deliberative Committee shall represent it and administer all of its business. |
| (5) | If the chairperson of the Central Deliberative Committee is unable to perform his/her duties in extenuating circumstances, the vice chairperson shall act on his/her behalf. |
| (6) | The term of office of members referred to in paragraph (3) 2 and 3 shall be two years; and a member newly commissioned due to resignation, etc. of a member shall serve for the remainder of the term of office of his/her predecessor. |
| (7) | The Central Deliberative Committee shall have several executive secretaries and clerks to conduct its administrative affairs. |
| (8) | Executive secretaries and clerks shall be appointed by the chairperson of the Central Deliberative Committee. |
| Article 8 (Meetings of Central Deliberative Committee) |
| (1) | A meeting of the Central Deliberative Committee shall be convoked by the chairperson when he/she deems it necessary. |
| (2) | A majority of the members of the Central Deliberative Committee shall constitute a quorum; and any decision thereof shall require concurring votes of at least a majority of those present. |
| Article 9 (Composition and Operation of Subcommittees) |
| (1) | The Central Deliberative Committee may establish and operate the following subcommittees (hereafter referred to in this Article and Articles 10 and 16, as "subcommittees"): |
| 1. | The standards improvement subcommittee: A subcommittee to efficiently deliberate on the matters prescribed in subparagraph 4 of Article 6; |
| 2. | The design deliberative subcommittee: A subcommittee to efficiently deliberate on the matters prescribed in subparagraph 5 (b), (d), (e), (g), and (h) of Article 6. |
| (2) | Each subcommittee shall be comprised of the following relevant members, from among the members of the Central Deliberative Committee, including one chairperson of the subcommittee: <Amended by Presidential Decree No. 28555, Dec. 29, 2017; Presidential Decree No. 29710, Apr. 23, 2019> |
| 1. | The standards improvement subcommittee: Not exceeding 100 members; |
| 2. | The design deliberative subcommittee: Not exceeding 300 members. |
| (3) | The chairperson of each subcommittee shall be designated by the chairperson of the Central Deliberative Committee. |
| (4) | Each subcommittee shall have several executive secretaries and clerks to conduct its administrative affairs. |
| (5) | Executive secretaries and clerks shall be appointed by the chairperson of the relevant subcommittee. |
| (6) | Detailed standards for establishing and operating, and deliberating by, the design deliberative subcommittee referred to in paragraph (1) 2 (hereinafter referred to as the "design deliberative subcommittee") shall be as specified in attached Table 2. |
| (7) | The Minister of Land, Infrastructure and Transport shall establish the code of ethics for members of the design deliberative subcommittee; and members of the design deliberative subcommittee shall comply with such code of ethics. |
| (8) | Article 8 shall apply mutatis mutandis to meetings of subcommittees. |
| Article 10 (Composition and Operation of Sectoral Subcommittees) |
| (1) | Where deemed necessary for efficient deliberation, the Central Deliberative Committee (including subcommittees; hereafter the same shall apply in this Article) may establish and operate sectoral subcommittees based on the matters subject to deliberation. |
| (2) | Each sectoral subcommittee shall deliberate on the matters designated by the chairperson of the Central Deliberative Committee (in cases of a sectoral subcommittee of a subcommittee, referring to the chairperson of the relevant subcommittee; hereafter the same shall apply in this Article), as determined by the Central Deliberative Committee. |
| (3) | A sectoral subcommittee shall be comprised of between five and forty members of the Central Deliberative Committee. |
| (4) | Any of the following persons shall be the chairperson of a sectoral subcommittee: |
| 1. | The chairperson of the Central Deliberative Committee; |
| 2. | The vice chairperson of the Central Deliberative Committee; |
| 3. | A member designated by the chairperson of the Central Deliberative Committee. |
| (5) | Members of a sectoral subcommittee shall be appointed by the chairperson of the Central Deliberative Committee from among members of the Central Deliberative Committee. |
| (6) | Matters deliberated on by a sectoral subcommittee shall be deemed deliberated on by the Central Deliberative Committee. |
| (7) | Article 8 shall apply mutatis mutandis to meetings of a sectoral subcommittee. |
| Article 11 (Request for Deliberation) |
| (1) | A person who intends to undergo deliberation by the Central Deliberative Committee shall submit a written request for deliberation on construction technology to the Minister of Land, Infrastructure and Transport, along with the related documents. |
| (2) | Matters necessary for preparing, submitting, etc. related documents under paragraph (1) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 12 (Period for Deliberation and Notification of Outcome of Deliberation) |
| (1) | Upon receipt of a written request for deliberation on construction technology pursuant to Article 11 (1), the Minister of Land, Infrastructure and Transport shall submit it to the Central Deliberative Committee for deliberation. |
| (2) | Upon receipt of a written request for deliberation on construction technology submitted pursuant to paragraph (1), the Central Deliberative Committee shall deliberate on it and notify the outcome of deliberation to the Minister of Land, Infrastructure and Transport by not later than 30 days after the date of receipt of such request: Provided, That, if the chairperson of the Central Deliberative Committee deems extenuating circumstances exist, the period for deliberation may be extended only once by up to 30 days. |
| (3) | The Minister of Land, Infrastructure and Transport shall without delay notify the person who has submitted a request under paragraph (2) of the outcome of deliberation. |
| Article 13 (Follow-up Management of Deliberated Matters) |
A person in receipt of the outcome of deliberation under Article 12 (3) shall notify the Minister of Land, Infrastructure and Transport of the details of measures taken based upon such outcome.
| Article 14 (Hearing Opinions, etc.) |
| (1) | Where deemed necessary for deliberation by the Central Deliberative Committee, the chairperson of the Central Deliberative Committee may conduct an on-site investigation; or may require related public officials or related experts to attend a meeting; and shall hear their opinions. |
| (2) | Where deemed necessary for deliberation by the Central Deliberative Committee, the chairperson of the Central Deliberative Committee may request a construction technology research institution under Article 9 of the Act (hereinafter referred to as "construction technology research institution"); any other related institution; members of the Central Deliberative Committee; or related experts, to conduct technology review or to submit necessary data. |
| (3) | If requested by the Minister of Land, Infrastructure and Transport, the following persons shall submit the following relevant data: |
| 1. | The Special Metropolitan City Mayor; a Metropolitan City Mayor; the Special Self-Governing City Mayor; a Do Governor; or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor): Provisions of municipal ordinances enacted and amended in the previous year that prescribe the composition, etc. of a local deliberative committee on construction technology established under Article 5 (1) of the Act (hereinafter referred to as "local deliberative committee"); and the operational achievements of the relevant committee in the previous year; |
| 2. | The Minister of National Defense: Details of the regulations enacted in the previous year that prescribe the composition, etc. of the Special Deliberative Committee on Construction Technology established under Article 5 (2) of the Act (hereinafter referred to as the "Special Deliberative Committee"); and the operational achievements of the relevant Committee in the previous year; |
| 3. | A contracting authority to which a consultative committee on technology established under Article 6 of the Act (hereinafter referred to as "consultative committee on technology") belongs: Details concerning the composition, etc. of the consultative committee on technology; and the operational achievements of the relevant committee in the previous year. |
| Article 15 (Allowances, Travel Expenses, etc.) |
| (1) | Members and related experts who attend a meeting of the Central Deliberative Committee may be paid allowances and reimbursed for travel expenses, etc. within budgetary limits: Provided, That this shall not apply where a public official attends a meeting in direct connection with his/her competent duties. |
| (2) | Where a construction technology research institution; any other related institution; members of the Central Deliberative Committee; or related experts pursuant to Article 14 (2) are requested to review technology, expenses for such review may be paid within budgetary limits. |
| (3) | Notwithstanding paragraphs (1) and (2), the Minister of Land, Infrastructure and Transport may separately determine, within budgetary limits, the allowances, travel expenses, expenses for technology review, etc. to be paid or reimbursed to members of the Central Deliberative Committee for deliberating on the matters prescribed in subparagraph 5 (b), (d), (e), (g) or (h) of Article 6. |
| (4) | Where a contracting authority requests the Central Deliberative Committee to deliberate on the matters prescribed in subparagraph 5 (b) through (h) of Article 6, the expenses incurred in deliberating on the same shall be borne by the contracting authority. |
| Article 16 (Operating Rules) |
Except as otherwise expressly provided for in Articles 6 through 15, matters necessary for establishing and operating the Central Deliberative Committee, subcommittees, and sectoral subcommittees shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.
| Article 17 (Composition and Operation of Local Deliberative Committee) |
| (1) | A local deliberative committee shall be comprised of not more than 250 members (in cases of the Special Metropolitan City, not more than 300 members), including one chairperson and one vice chairperson. |
| (2) | A local deliberative committee shall deliberate on the following: <Amended by Presidential Decree No. 27622, Nov. 29, 2016; Presidential Decree No. 29710, Apr. 23, 2019> |
| 1. | Matters concerning the design feasibility, the safety of facilities and the appropriateness of the following construction works: Provided, That excluded herefrom shall be the construction works on which the consultative committee on technology has provided its opinions pursuant to Article 19 and the construction works prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| (a) | Construction works with a total construction cost exceeding ten billion won, executed by a local government or an enterprise in which a local government has invested at least one-half of its paid-in capital; |
| (b) | Construction works with a total construction cost exceeding ten billion won, on which the head of the administrative agency (excluding any agency subject to Article 2 of the Act on Contracts to Which the State Is a Party) that has granted permission, authorization, approval, etc. (hereinafter referred to as "permission, etc.") particularly requests the local deliberative committee to deliberate as deemed necessary; |
| (c) | Construction works falling under item (a) or (b), the basic plan or construction method of which is amended due to a design change; |
| (a) | Matters concerning an objection raised regarding the scope and limits of new technologies and construction methods, etc. under the proviso to Article 74 (6) of the Decree; |
| (b) | Matters concerning the scope and limits of an alternative under Article 95 (2) of the Decree; |
| (c) | Matters concerning the method of bidding for large-scale construction works or specific construction works; the method of determining a qualified participant in working design bidding process; and the method of determining a successful bidder under Article 96 (1) of the Decree; |
| (d) | Assessing the adequacy of designs and awarding design points under Article 98 (4) of the Decree; |
| (e) | Adjusting the bid price for an alternative or modifying designs under Article 99 (8) of the Decree; |
| (f) | Matters concerning the method of bidding for technical proposals for working designs or basic designs under Article 128 of the Decree; the method of determining a successful bidder; and the method of determining a person to prepare working designs; |
| (g) | Assessing the adequacy of technical proposals for working designs; and awarding design points under Article 132 (2) of the Decree; |
| (h) | Assessing the adequacy of technical proposals for basic designs or working design documents; and awarding design points under Article 134 (3) of the Decree; |
| 3. | Adequacy of the construction period determined for construction works referred to in either of the following: |
| 4. | Deliberating on whether a construction technology service provider appropriately manages a construction project a contracting authority has outsourced pursuant to Article 39 (1) of the Act, if so requested by the contracting authority; |
| 5. | Assessing the adequacy of detailed standards for evaluating pre-qualification; methods and standards for evaluating technology; and a call for bids, to select a person who provides construction technology services a local government which is a contracting authority has outsourced under Article 52 (6) or (7); |
| 6. | Other matters subject to deliberation under this Decree or other statutes and matters a Mayor/Do Governor submits to a local deliberative committee for deliberation. |
| (3) | Members of a local deliberative committee shall be appointed or commissioned by the competent Mayor/Do Governor from among the following persons. Where deemed necessary for efficient deliberation, the Mayor/Do Governor may additionally appoint or commission temporary members for each issue, up to one-fifth of the total members of the local deliberative committee: |
| 1. | Members of the Central Deliberative Committee; members of the local deliberative committees of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos, and the Special Self-Governing Province (hereinafter referred to as "Cities/Dos"); members of the Special Deliberative Committee; or members of the consultative committees on technology; |
| 2. | Persons recommended by related non-governmental organizations; |
| 3. | Experts in the relevant field. |
| (4) | A local deliberative committee may establish and operate a subcommittee (hereinafter referred to as "local design deliberative subcommittee") to efficiently deliberate on the matters prescribed in paragraph (2) 2 (b), (d), (e), (g) and (h). |
| (5) | A local design deliberative subcommittee shall be comprised of between 50 and 70 members, including one chairperson, from among the members of a local deliberative committee; and where deemed necessary, the Mayor/Do Governor may additionally appoint or commission members of the design deliberative subcommittee as temporary members of the local design deliberative committee, up to two-fifth of the total members of the local design deliberative subcommittee after consulting with the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 28555, Dec. 29, 2017> |
| (6) | A majority of the members of a local design deliberative subcommittee shall be public officials of a City/Do or the competent Si/Gun/autonomous Gu. |
| (7) | Articles 9 (3) through (5) and (7), 14 (1) and (2), and 15 (1) through (3) shall apply mutatis mutandis to the composition and operation of a local design deliberative subcommittee; hearing opinions; allowances and travel expenses, etc. In such cases, "subcommittee" in Article 9 (3) through (5) and "design deliberative subcommittee" in Article 9 (7) shall be construed as "local design deliberative subcommittee"; "Central Deliberative Committee" in Articles 9 (3), 14 (1) and (2), and 15 (1) through (3) as "local deliberative committee"; "Minister of Land, Infrastructure and Transport" in Articles 9 (7) and 15 (3) as "Mayor/Do Governor"; and "subparagraph 5 (b), (d), (e), (g) and (h) of Article 6" in Article 15 (3) as "Article 17 (2) 2 (b), (d), (e), (g) and (h)." |
| (8) | Article 9 (6) and attached Table 2 shall apply mutatis mutandis to the composition, deliberation and operation of a local design deliberative subcommittee: Provided, That a Mayor/Do Governor may appoint or commission members of a local deliberative committee who fail to satisfy the requirements for membership in the design deliberative subcommittee prescribed in subparagraph 1 of attached Table 2 as members of a local design deliberative subcommittee up to one-fifth of the total members of the local design deliberative subcommittee, after consulting with the Minister of Land, Infrastructure and Transport. |
| (9) | Except as otherwise expressly provided for in paragraphs (1) through (8), matters necessary for establishing, operating, etc. a local deliberative committee and a local design deliberative subcommittee shall be prescribed by ordinance of the relevant City/Do. |
| Article 18 (Composition, Functions, etc. of Special Deliberative Committee) |
| (1) | The Special Deliberative Committee shall be comprised of not more than 300 members, including one chairperson and one vice chairperson. |
| (2) | The chairperson and the vice chairperson of the Special Deliberative Committee shall be appointed by the Minister of National Defense; and Committee members shall be appointed or commissioned by the Minister of National Defense at the recommendation of the chairperson from among the following persons: |
| 1. | At least Grade-5 Public officials of the Ministry of National Defense (including members in general service of the Senior Executive Service) or public officials corresponding thereto; |
| 2. | Field-grade officers and persons with extensive knowledge and experience in construction technology; |
| (3) | The Special Deliberative Committee shall deliberate on the following: |
| 1. | Any of the following matters: Provided, That excluded herefrom shall be construction works on which a consultative committee on technology has deliberated pursuant to Article 19: |
| (a) | Matters concerning the designs and construction works for national defense facilities and military installations, with a total construction cost exceeding ten billion won; |
| (b) | Matters concerning the change of basic plans, construction methods, etc. for construction works referred to in item (a); |
| (a) | Matters concerning an objection raised regarding the scope and limits of alternative designs under the main sentence of Article 79 (2) of the Decree; |
| (b) | Matters concerning the method of bidding for large-scale construction works or specific construction works under Article 80 (1) of the Decree; |
| (c) | Assessing the adequacy of designs and awarding design points under Article 85 (5) of the Decree; |
| (d) | Adjusting the bid price for an alternative and modifying designs under Article 86 (8) of the Decree; |
| (e) | Matters concerning the method of bidding for technical proposals for working designs or basic designs; and the standards for deliberating such proposals under Article 99 (1) of the Decree; |
| (f) | Assessing the adequacy of technical proposals for working designs; and awarding design points under Article 103 (3) of the Decree; |
| (g) | Assessing the adequacy of technical proposals for basic designs or working design documents; and awarding design points under Article 105 (4) of the Decree; |
| 3. | Matters concerning the detailed standards for evaluating pre-qualification; the methods and standards for evaluating technology; and the appropriateness of the call for bids, to select a person who provides construction technology services the Minister of National Security or the head of an agency under his/her jurisdiction has outsourced under Article 52 (6) or (7); |
| 4. | Other matters related to construction works for national defense facilities or military installations that the Minister of Land, Infrastructure and Transport submits to the Special Deliberative Committee for deliberation. |
| (4) | The Special Deliberative Committee may establish and operate a subcommittee (hereinafter referred to as "special design deliberative subcommittee") to efficiently deliberate on the matters prescribed in paragraph (3) 2 (a), (c), (d), (f), and (g). |
| (5) | A special design deliberative subcommittee shall be comprised of between 50 and 70 members, including one chairperson; and where deemed necessary, the Minister of National Defense may additionally appoint or commission members of the design deliberative subcommittee as temporary members of the special design deliberative subcommittee, up to two-fifth of the total members of the special design deliberative subcommittee after consulting with the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 28555, Dec. 29, 2017> |
| (6) | Articles 8, 9 (3) through (8), 10, 14, 15, and 17 (6) shall apply mutatis mutandis to meetings of the Special Deliberative Committee; subcommittees sectoral subcommittees; hearing opinions; and allowances and travel expenses. In such cases, "public officials of a City/Do or the competent Si/Gun/autonomous Gu" in Article 17 (6) shall be construed as "public officials of the Ministry of National Defense or its subordinate agencies." |
| Article 19 (Composition, Functions, etc. of Consultative Committee on Technology) |
| (1) | Members of a consultative committee on technology shall be appointed or commissioned by a contracting authority, from among the following persons: |
| 1. | Members of the consultative committee on technology affiliated with the Central Deliberative Committee; a local deliberative committee; the Special Deliberative Committee; or any other contracting authority; |
| 2. | Persons recommended by related non-governmental organizations; |
| 3. | Experts in the relevant field. |
| (2) | Where a contracting authority establishes and operates a consultative committee on technology, it shall consult with the consultative committee on technology regarding the matters to be deliberated on by the consultative committee on technology prescribed in paragraph (4) at least once for each phase of planning, survey and design service: Provided, That this shall not apply where the scale of planning, survey and design service is small or no significant matter requiring advice is deemed existent. |
| (3) | When a contracting authority receives an opinion on the matter it has sought consultation pursuant to the main sentence of paragraph (2), it shall take necessary measures, such as incorporating the result of the consultation in design, except in extenuating circumstances. |
| (4) | A consultative committee on technology shall deliberate on the following matters in response to a request by the contracting authority for consultation: <Amended by Presidential Decree No. 28555, Jan. 16, 2018; Presidential Decree No. 29710, Apr. 23, 2019> |
| (a) | Matters concerning an objection raised regarding the scope and limits of new technologies and construction methods, etc. under Article 65 (5) of the Decree; |
| (b) | Matters concerning the scope and limits of alternative designs under the proviso to Article 79 (2) of the Decree; |
| (c) | Deliberating on designs in the bidding process for an alternative or for a design-build project under Article 85 (6) of the Decree; |
| (d) | Adjusting the bid price for an alternative or modifying designs under Article 86 (8) of the Decree; |
| (e) | Assessing the adequacy of technical proposals for working designs and awarding design points under Article 103 (3) of the Decree; |
| (f) | Assessing the adequacy of technical proposals for basic designs or working design documents and awarding design points under Article 105 (4) of the Decree; |
| 3. | Matters concerning adequacy of the construction period determined for construction works referred to in either of the following: |
| 4. | Matters concerning the appropriateness of a significant design change, such as a change in the method of conducting construction works with a total construction cost exceeding ten billion won (in cases of a Si/Gun/autonomous Gu, five billion won); |
| 6. | Matters concerning the detailed standards for evaluating pre-qualification; the methods and standards for evaluating technology; and the appropriateness of a call for bids to select a person who provides construction technology services a contracting authority to which the relevant consultative committee on technology belongs, has outsourced pursuant to Article 52 (6) or (7); |
| 7. | Other matters concerning the appropriateness of construction designs, construction works, etc. on which a contracting authority seeks consultation. |
| (5) | A consultative committee on technology may establish and operate subcommittees (hereinafter referred to as "technology consultation and design deliberative subcommittees") to efficiently deliberate on the matters prescribed in paragraph (4) 1 (b) through (f). |
| (6) | A technology consultation and design deliberative subcommittee shall be comprised of not less than 50 persons but not more than 70 persons, including one chairperson, among members of the consultative committee on technology, but the contracting authority may temporarily appoint or commission members of the design deliberative subcommittee, as additional members of the technology consultation and design deliberative subcommittee, within the extent of 1/2 of the prescribed number of members of the technology consultation and design deliberative subcommittee. <Amended by Presidential Decree No. 29710, Apr. 23, 2019> |
| (7) | A majority of members of a technology consultation and design deliberative subcommittee shall be employees of the contracting authority: Provided, That if the contracting authority seeks advice on any matter referred to in subparagraph 2 (a) of Article 9-4 of the Enforcement Decree of the Government Procurement Act, employees of the Public Procurement Service or any of the end-user institutions referred to in subparagraph 5 (a) or (b) of Article 2 of the Government Procurement Act may be included in the subcommittee. <Newly Inserted by Presidential Decree No. 29710, Apr. 23, 2019> |
| (8) | Articles 9 (3) through (5) shall apply mutatis mutandis to the establishment and operation of a technology consultation and design deliberative subcommittee. In such cases, "subcommittee" referred to in Article 9 (3) through (5) shall be construed as "technology consultation and design deliberative subcommittee, and "Central Deliberative Committee" as "consultative committee on technology". <Newly Inserted by Presidential Decree No. 29710, Apr. 23, 2019> |
| (9) | Article 9 (6) and attached Table 2 shall apply mutatis mutandis to the detailed standards for establishing and operating, and deliberating by, a technology consultation and design deliberative subcommittee: Provided, That a contracting authority may appoint or commission members of the consultative committee on technology who fail to satisfy the requirements for membership in a technology consultation and design deliberative subcommittee prescribed in subparagraph 1 of attached Table 2 as members of the technology consultation and design deliberative subcommittee, up to one-fifth of the total members of the technology consultation and design deliberative subcommittee after consulting with the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 29710, Apr. 23, 2019> |
| (10) | Except as otherwise expressly provided for in paragraphs (1) through (9), matters necessary for establishing, operating, etc. a consultative committee on technology and a technology consultation and design deliberative subcommittee shall be determined by a contracting authority. <Amended by Presidential Decree No. 29710, Apr. 23, 2019> |
| Article 20 (Disqualification of, Challenge to, and Refrainment by, Members) |
| (1) | If any member of the Central Deliberative Committee, a local deliberative committee, the Special Deliberative Committee, or a consultative committee on technology (hereinafter referred to as "Central Deliberative Committee, etc."; and any member thereof shall be referred to as "member" in this Article, Articles 21 and 22) falls under any of the following cases, he/she shall be excluded from deliberating and passing a resolution by the relevant committee: |
| 1. | Where the member or his/her current or former spouse becomes a party to the relevant agenda item or is holding any right or duty jointly with a party to such agenda item; |
| 2. | Where the member is a current or former relative of a party to the relevant agenda item; |
| 3. | Where the member becomes an interested party (including as agent) by executing construction works subject to the relevant deliberation; |
| 4. | Where the member or any corporation, organization, etc. to which the member belongs, is a current or former agent of a party to the relevant agenda item; |
| 5. | Where the member has been an executive officer or employee of a business entity subject to the relevant deliberation during the last three years; |
| 6. | Where the member has consulted on; researched; provided services for (including under any subcontract; hereafter in this paragraph, the same shall apply); appraised; or examined, the relevant agenda item; |
| 7. | Where the business entity, etc. by which the member is being or has been employed as an executive officer or employee during the last three years, has consulted on; researched; provided services for; appraised or examined, the relevant agenda item; |
| 8. | Where the member has consulted on; researched; provided services for; appraised or examined, any matter related to the business entity subject to the relevant deliberation during the last two years. |
| (2) | If any ground exists making it difficult to expect impartial deliberation and resolution by any member, a party to the relevant agenda item may file a request to challenge the member with the Central Deliberative Committee, etc.; and the relevant committee shall determine whether it challenges such member by its resolution. In such cases, the member subjected to such request for challenge shall refrain from participating in the resolution. |
| (3) | If a member falls under any ground for disqualification prescribed in paragraph (1), he/she shall refrain from deliberating on and passing a resolution on the relevant agenda item. |
| Article 21 (Disclosure of List of Members) |
The head of an agency that establishes and operates the Central Deliberative Committee, etc. shall disclose the list of members by posting it on the relevant agency’s websites.
| Article 22 (Dismissal, etc. of Members) |
No member shall be removed or dismissed from office against his/her will, except in any of the following cases:
| 3. | Where he/she has a substantial difficulty in performing his/her duties due to any physical or mental impairment; |
| 4. | Where he/she commits any irregularity, such as receiving money or goods, when deliberating on a design or technical proposal or exercising his/her authority at an illegal request; |
| 5. | Where he/she compromises fairness of deliberation by failing to refrain therefrom despite falling under Article 20 (1); |
| 6. | Where he/she neglects to deliberate under his/her responsibility or is unable to perform his/her duties; |
| 7. | Where he/she loses his/her qualification held as at the time he/she was appointed or commissioned; |
| 9. | Where he/she violates the code of ethics of a subcommittee as a member of the relevant subcommittee subordinated to the Central Deliberative Committee, etc. |
CHAPTER II SUPPORT, ETC. FOR RESEARCH AND DEVELOPMENT OF CONSTRUCTION TECHNOLOGY
| Article 23 (Institutions, etc. Subject to Agreements on Construction Technology Research and Development Projects) |
| (1) | "Institution or organization prescribed by Presidential Decree" in Article 7 (1) of the Act means: <Amended by Presidential Decree No. 27506, Sep. 22, 2016> |
| 1. | A national or public research institute; |
| 5. | A corporate research institute established under the Civil Act or any other Act; |
| 9. | A research institute affiliated with an institution, association, academic society, etc. prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, or an exclusive department thereof for research and development. |
| (2) | When the Minister of Land, Infrastructure and Transport selects a research and development task, he/she shall conclude an agreement on the construction technology research and development project with an institution or organization prescribed in paragraph (1) that will supervise research and development in the relevant field (hereinafter referred to as “host research institute"). |
| (3) | If technology development expenses (including goods in kind; hereafter in this paragraph, the same shall apply) under Article 7 (2) of the Act are included in research and development expenses for a research and development project implemented under paragraph (2), the head of the host research institute shall pre-conclude an investment contract or research contract with a person who will bear the technology development expenses. |
| (4) | An agreement under paragraph (2) shall include the following: |
| 1. | A plan for research and development tasks; |
| 3. | Paying, using and managing research and development expenses; |
| 4. | Reporting on the outcomes of research and development; |
| 5. | Attributing the ownership of and utilizing the outcomes of research and development; |
| 6. | Collecting and using royalties; |
| 7. | Evaluating the outcomes of research and development; |
| 8. | Amending and revoking the agreement; |
| 9. | Taking measures when the agreement is violated; |
| 10. | Other matters necessary for research and development. |
| (5) | The head of a host research institute may partially entrust the relevant research task to any institution or organization prescribed in subparagraphs of paragraph (1), if deemed necessary. |
| Article 24 (Paying Contributions) |
Contributions under Article 7 (2) of the Act shall be paid in installments: Provided, That they may be paid in lump sum, if deemed necessary based upon the scale, timing for commencement, etc. of research tasks.
| Article 25 (Managing and Using Contributions, etc.) |
| (1) | Upon receiving funds required for a construction technology research and development project pursuant to Article 7 (2) of the Act, the head of a host research institute shall establish and manage a separate account. |
| (2) | The head of a host research institute shall use the research and development funds referred to in paragraph (1) for the following expenses, as determined and publicly notified by the Minister of Land, Infrastructure and Transport: |
| 1. | Labor costs of researchers; |
| 2. | Direct costs: Expenses for research equipment and facilities; material costs; computer processing and management costs; test product production costs; travel expenses; expenses for daily necessities and charges; expenses for technical information-related activities; and expenses for research activities; |
| 3. | Expenses for commissioned research and development; |
| 4. | Indirect costs: Indirect expenses; research and development reserves; expenses for applying for and registering intellectual property rights; expenses for scientific and cultural activities; and expenses for safety management of laboratories. |
| (3) | The head of a host research institute shall report the outcomes of using research and development funds, to the Minister of Land, Infrastructure and Transport by submitting the following documents by not later than 90 days after the period of agreement expires: |
| 1. | A plan for using research and development expenses and a report on the outcomes of executing them; |
| 2. | Documents related to the execution of research and development expenses determined and publicly notified by the Minister of Land, Infrastructure and Transport, such as a written opinion on audit and inspection. |
| (4) | If requested by constructors, persons registered as a housing construction project operator pursuant to Article 4 of the Housing Act (hereinafter referred to as "registered housing constructor"), etc., the head of a host research institute may allow them to use the outcomes of the construction technology research and development project in the production process. In such cases, if the user reduces cost, improves quality, etc., the head of the hose research institute may collect a royalty specified in the agreement referred to in Article 23 (4) from such user. <Amended by Presidential Decree No. 27444, Aug. 11, 2016> |
| (5) | When the head of a host research institute collects a royalty pursuant to paragraph (4), he/she shall report such fact to the Minister of Land, Infrastructure and Transport by not later than 30 days after the date of collection. |
| (6) | The head of a host research institute shall use any royalty collected pursuant to paragraph (4) for raising, etc. funds for research and development and basic research as publicly notified by the Minister of Land, Infrastructure and Transport; and shall report the outcomes of using the royalty in the relevant year to the Minister of Land, Infrastructure and Transport by not later than March 31 of the following year. |
| Article 26 (Recommendation for Investing, etc. in Construction Technology Development) |
| (1) | A constructor or construction technology service provider to whom the Minister of Land, Infrastructure and Transport may recommend investments, etc. in construction technology development pursuant to Article 8 of the Act, shall be designated by the Minister of Land, Infrastructure and Transport from among those who have the records of executing construction works or providing construction technology services at least equivalent to the amount prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | The Minister of Land, Infrastructure and Transport may recommend any of the following matters to a constructor or construction technology service provider designated under paragraph (1): |
| 1. | Investing in establishing and operating an affiliated research institute each year, not exceeding three percent of the records of executing construction works or providing construction technology services in the previous year; |
| 3. | Including the amount of investing in construction technology development in a business plan for the following year. |
| Article 27 (Submitting Plans for Investing, etc. in Construction Technology Development) |
| (1) | A person who intends to invest, etc. in construction technology development pursuant to Article 8 of the Act shall submit to the Minister of Land, Infrastructure and Transport a plan for investing, etc. in construction technology development for the relevant year by not later than March 31 each year; and the records of investing, etc. in construction technology development during the previous year, by not later than June 30 each year. |
| (2) | The Minister of Land, Infrastructure and Transport may recommend to adjust a plan for investing, etc. in construction technology development referred to in paragraph (1), if deemed to be nonconforming to the master plan. |
| (3) | When the Minister of Land, Infrastructure and Transport comprehensively evaluates construction technology services or construction works under Article 50 (4) of the Act, he/she shall consider the investment, etc. made by a constructor or construction technology service provider for developing construction technology pursuant to paragraph (1) or (2). |
| Article 28 (Projects of Technology Evaluation Institution) |
| 1. | Facilitating transfer and commercialization of construction technology; |
| 2. | Collecting and managing information on construction technology research and development projects; and establishing an information network; |
| 3. | Other projects for researching, developing and using construction technology the Minister of Land, Infrastructure and Transport deems necessary. |
| Article 29 (For-Profit Business, etc. of Technology Evaluation Institution) |
| (1) | For-profit business in which a technology evaluation institution is eligible to engage pursuant to Article 11 (5) of the Act shall be limited to the business of brokering, assisting in and consulting on the transfer and commercialization of construction technology. |
| (2) | The Minister of Land, Infrastructure and Transport shall determine the commission for the for-profit business referred to in paragraph (1). In such cases, he/she shall post the details thereof on the website of the Ministry of Land, Infrastructure and Transport for 20 days to collect opinions of interested parties; but if deemed urgent, he/she may post them on the website of the Ministry of Land, Infrastructure and Transport for ten days indicating the reason therefor. |
| (3) | The rate or amount of commission shall be determined within the range of the actual cost based upon the opinions collected pursuant to paragraph (2); and when the rate or amount of commission is determined, the details of such determination and an itemized calculation of actual cost shall be posted on the website of the Ministry of Land, Infrastructure and Transport. |
| (4) | If a technology evaluation institution engages in for-profit business pursuant to Article 11 (5) of the Act, it shall report the details of such business to the Minister of Land, Infrastructure and Transport before the fiscal year; and shall submit the performance records and balance sheet of the for-profit business to the Minister of Land, Infrastructure and Transport by not later than three months after the fiscal year. |
| Article 30 (Implementing Demonstration Projects for Construction Technology) |
| (1) | To implement a project to demonstrate construction technology under Article 12 (1) of the Act (hereafter referred to in this Article, as "demonstration project"), the Minister of Land, Infrastructure and Transport shall formulate a demonstration project plan including the following matters after deliberation by the Central Deliberative Committee: |
| 1. | Objectives, strategies and promotion system of the demonstration project; |
| 2. | Construction technology to be applied to the demonstration project; |
| 3. | Financing the demonstration project. |
| (2) | The Minister of Land, Infrastructure and Transport may designate a project eligible for demonstration and the area where it will be implemented (hereinafter referred to as "project, etc. eligible for demonstration"), directly or at the request of a contracting authority, construction technology research institution, etc. |
| (3) | A project, etc. eligible for demonstration shall satisfy all of the following requirements: |
| 1. | It shall be suitable to achieve the objectives of the demonstration project; |
| 2. | Its financing plan shall be appropriate and feasible; |
3, It shall be possible to be implemented efficiently.
| (4) | To request the designation of a project, etc. eligible for demonstration pursuant to paragraph (2), a contracting authority, construction technology research institution, etc. shall submit the following documents to the Minister of Land, Infrastructure and Transport: |
| 1. | A demonstration project plan satisfying the matters prescribed in paragraph (3); |
| 2. | Documents concerning the budget, human resources, etc. that the contracting authority, construction technology research institution, etc. is able to provide for the project, etc. eligible for demonstration. |
| (5) | Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for implementing a demonstration project shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 31 (Application for Designating New Technology) |
A person who intends to apply for designating a new technology under Article 14 (1) of the Act (hereinafter referred to as "new technology"), shall submit a written application for designating a new technology to the Minister of Land, Infrastructure and Transport along with the following documents, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Presidential Decree No. 29918, Jun. 25, 2019> | 1. | Documents concerning new technology (including the substance of the new technology and the detailed information on the novelty, creativity and field applicability as points of the new technology and the requirements for designation); |
| 2. | Documents stating the prospects of using it in domestic and overseas construction projects; |
| 3. | Specifications and maintenance manuals; |
| 4. | Various test reports issued by a national or public testing institution or a construction technology service provider under Article 60 (1) of the Act and documents specified in either of the following: Provided, That such reports and documents may be replaced with test reports and reports on the results of pilot construction of the relevant test items if technical certification, etc. were given following identical tests under any other statute: |
| (a) | Documents issued by a national or public testing institution or a construction technology service provider under Article 60 (1) of the Act with regard to the results of pilot construction; |
| (b) | The results of construction performance confirmed by the contracting authority at the site; |
| 5. | Other documents publicly notified by the Minister of Land, Infrastructure and Transport as deemed necessary for evaluating the new technology. |
| Article 32 (Procedures for Designating New Technology) |
| (1) | Upon receipt of an application for designating a new technology pursuant to Article 31, the Minister of Land, Infrastructure and Transport shall determine whether he/she designates a new technology within 120 days after conducting an examination by a specialized institution designated and publicly notified by the Minister of Land, Infrastructure and Transport among the institutions prescribed in subparagraphs of Article 117 (2). In such cases, the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall be excluded from the evaluation period. |
| (2) | Where deemed necessary for examining whether a technology applied for designation pursuant to paragraph (1) is a new technology, the Minister of Land, Infrastructure and Transport shall consider the opinions of interested parties and institutions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | When the Minister of Land, Infrastructure and Transport intends to hear opinions from interested parties pursuant to paragraph (2), he/she shall publish an executive summary of the technology applied for designation in the Official Gazette for at least 30 days. |
| (4) | A specialized institution under paragraph (1) shall establish and operate a new technology examination committee to examine the technology applied for designation. |
| (5) | Necessary matters concerning the criteria, procedures, etc. for evaluating a new technology shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 33 (Designating and Publicly Notifying New Technology) |
| (1) | Upon designating a new technology under Article 32, the Minister of Land, Infrastructure and Transport shall publish the following matters in the Official Gazette; and shall issue a certificate of designation of a new technology to the applicant: |
| 1. | Name of the new technology; |
| 2. | Name of the person who has developed or improved the technology (in cases of a corporation, the names of the corporation and the representative); |
| 3. | Period for protecting the new technology under Article 35; |
| 4. | Details and scope of the new technology; |
| 5. | Details of protection provided to the person who has developed the new technology pursuant to Article 34. |
| (2) | When a new technology is designated and publicly notified pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall maintain and manage the matters designated and publicly notified. |
| Article 34 (Utilizing, etc. New Technology) |
| (1) | A person who has developed a new technology under Article 14 (2) of the Act (hereinafter referred to as "technology developer") may request persons who have used the new technology to pay royalties. |
| (2) | To invigorate the use of a new technology, the Minister of Land, Infrastructure and Transport may recommend a contracting authority to apply the new technology preferentially to existing similar technology. |
| (3) | If a new technology designated and publicly notified pursuant to Article 14 (1) of the Act is superior to an existing technology in application in construction, economic feasibility, etc., a contracting authority shall reflect it in the design of construction works it undertakes and shall specifically indicate such obligation in contracts for construction works it awards and may allow the developer of such technology or a person who holds a certificate issued on an agreement for the use of new technology pursuant to Article 14-2 (2) of the Act (hereinafter referred to as "agreement for the use of new technology") with regard to the agreement for the use of new technology concluded pursuant to the forepart of Article 14-2 (1) of the Act to participate in the construction phase in which the relevant new technology is involved. <Amended by Presidential Decree No. 26894, Jan. 12, 2016; Presidential Decree No. 29918, Jun. 25, 2019> |
| (4) | In cases falling under paragraph (3), a contracting authority shall evaluate the application of a new technology, using the methods and procedures determined and publicly notified by the Minister of Land, Infrastructure and Transport; and shall report the outcomes of such evaluation to the Minister of Land, Infrastructure and Transport within one month from completion of the construction works to which the new technology is applied. |
| (5) | The Minister of Land, Infrastructure and Transport may request related institutions to preferentially provide the following funds, etc. to a technology developer: <Amended by Presidential Decree No. 27205, May 31, 2016> |
| 2. | New technology venture capital funds provided by a specialized credit finance company which has registered its new technology venture capital business pursuant to the Specialized Credit Finance Business Act; |
| 4. | Any other special funds raised by the Government to support technology development. |
| (6) | A technology developer or a person who holds a certificate issued regarding an agreement for the use of new technology shall prepare a report on the use of new technology as of December 31 every year, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall submit it to the Minister of Land, Infrastructure and Transport, not later than February 15 of the following year. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| Article 35 (Period, etc. for Protecting New Technology) |
| (1) | The period for protecting a new technology under Article 14 (2) of the Act shall be publicly notified by the Minister of Land, Infrastructure and Transport up to eight years from the date the new technology is designated and publicly notified. <Amended by Presidential Decree No. 28555, Dec. 29, 2017> |
| (2) | If a person whose technology has been designated as a new technology files an application for extending the period for protecting the new technology under paragraph (1), the Minister of Land, Infrastructure and Transport may extend such period by up to seven years after verifying the records of using the relevant new technology. |
| (3) | If a person whose technology has been designated as a new technology intends to extend the period for protecting the new technology pursuant to paragraph (2), he/she shall submit an application for extending such period in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport, along with the following documents, at least 150 days before the expiration of the protection period: |
| 1. | Documents in which records of using the new technology and the outcomes of field application are compared and analyzed; |
| 2. | Materials substantiating the grounds for extending the protection period; |
| 3. | Specifications for field application and maintenance and management manuals; |
| 4. | Documents stating significant matters to be verified when conducting the actual field survey. |
| (4) | Articles 32 and 33 shall apply mutatis mutandis to the procedures, etc. for extending a protection period under paragraph (2). |
| Article 36 (Recommendation, etc. of Experimental Execution) |
| (1) | Where a contracting authority in receipt of a recommendation for experimental execution from the Minister of Land, Infrastructure and Transport under Article 14 (4) of the Act, fails to conduct experimental execution as recommended, it shall notify the Minister of Land, Infrastructure and Transport of the grounds therefor. |
| (2) | Except as otherwise expressly provided for in paragraph (1), matters necessary for experimental execution under Article 14 (4) of the Act shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 36-2 (Requirements for Agreement for Use of New Technology and Required Documents for Application) |
| (1) | "Person who meets the requirements prescribed by Presidential Decree" in the forepart of Article 14-2 (1) of the Act means a person who meets all the following requirements: |
| 1. | The person holds a certificate of registration of a relevant construction business necessary for the application of the relevant new technology; |
| 2. | The person has his/her own or rented equipment for the application of the relevant new technology; |
| 3. | The person has been initiated in the relevant new technology. |
| 1. | An agreement for the use of new technology; |
| 2. | A copy of a certificate of registration of a construction business; |
| 3. | Documents regarding the status of ownership or rental of equipment for the application of new technology; |
| 4. | A letter of confirmation on the initiation of technology under the agreement for the use of new technology; |
| 5. | A written consent to the utilization of intellectual property rights relating to the agreement for the use of new technology. |
| (3) | Except as provided in paragraphs (1) and (2), details necessary for the receipt of application for issuing a certificate regarding an agreement for the use of new technology, issuance and management of such certificates, etc. shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019]
| Article 37 (Publicly Announcing De-Designation of New Technology) |
When the Minister of Land, Infrastructure and Transport de-designates a new technology pursuant to Article 15 of the Act, he/she shall publish such fact in the Official Gazette.
| Article 38 (Managing Construction Technology Introduced from Overseas) |
| (1) | Pursuant to Article 16 (1) of the Act, the Minister of Land, Infrastructure and Transport may request the heads of related administrative agencies to notify the details of construction technologies for which foreign investment has been reported under the Foreign Investment Promotion Act. In such cases, the Minister of Land, Infrastructure and Transport in receipt of notice of such details shall ensure to maintain, manage, and facilitate using, such technologies. |
| (2) | Where a contracting authority intends to preferentially award a contract pursuant to Article 16 (2) of the Act, it shall consider the applicability of the relevant construction technology to domestic fields; and the degree, etc. of its contribution to developing domestic technology. |
| Article 39 (Establishing Construction Technology Information System) |
| (1) | The Minister of Land, Infrastructure and Transport may perform the following affairs to establish and operate a construction technology information system pursuant to Article 18 (1) of the Act: |
| 1. | Collecting materials and information on construction technology and establishing and managing a database; |
| 2. | Standardizing materials and information on construction technology and the construction technology information system; |
| 3. | Developing, establishing, managing and distributing a comprehensive system for disseminating materials and information on construction technology; |
| 4. | Linking, cooperating, and implementing joint projects, with institutions or organizations holding materials and information on construction technology; |
| 5. | Other matters necessary for establishing and operating the construction technology information system. |
| (2) | If the Minister of Land, Infrastructure and Transport deems that materials and information on construction technology provided under Article 18 (1) of the Act infringe on the national interest, he/she may refuse or restrict the provision of such materials and information. |
| Article 40 (Collecting Materials regarding Construction Technology) |
"Materials regarding construction technology prescribed by Presidential Decree" in the former part of Article 18 (2) of the Act means: | 1. | Reports, research papers and periodicals related to construction technology (including information on construction technology posted on the Internet); |
| 2. | Other materials related to construction technology, requested by the Minister of Land, Infrastructure and Transport. |
| Article 41 (Establishing and Operating Integrated Information System to Support Construction Works) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a master plan for establishing an integrated information system to support construction works under Article 19 (1) of the Act for every five-year period; and shall formulate and implement annual implementation plans to promote it systematically. |
| (2) | The Minister of Land, Infrastructure and Transport may perform the following affairs to efficiently establish, and facilitate using, an integrated information system to support construction works: |
| 1. | Various types of research and development and technical support for establishing and operating the integrated information system to support construction works; |
| 2. | Implementing a joint project for establishing and operating the integrated information system to support construction works; |
| 3. | Standardizing the integrated information system to support construction works; |
| 4. | Encouraging sharing information by using the integrated information system to support construction works; |
| 5. | Other matters necessary for establishing and facilitating the use of the integrated information system to support construction works. |
| (3) | Except as otherwise expressly provided for in paragraphs (1) and (2), detailed matters necessary for establishing and operating an integrated information system to support construction works shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
CHAPTER III FOSTERING, ETC. CONSTRUCTION ENGINEERS
| Article 42 (Education and Training of Construction Engineers) |
| (1) | "Construction engineers prescribed by Presidential Decree" in Article 20 (2) of the Act means: <Amended by Presidential Decree No. 26302, Jun. 1, 2015; Presidential Decree No. 27444, Aug. 11, 2016; Presidential Decree No. 28555, Jan. 16, 2018; Presidential Decree No. 29360, Dec. 11, 2018> |
| 1. | Construction engineers employed by and working for a construction technology service provider under Article 26 (1) of the Act; |
| 9. | Construction engineers belonging to and working for a contracting authority. |
| (2) | The types, hours, curricula, etc. of education and training that construction engineers are obligated to undergo pursuant to Article 20 (2) of the Act and the criteria for exempting from and postponing education and training shall be as specified in attached Table 3. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| Article 43 (Outsourcing Education and Training of Construction Engineers) |
| (1) | A construction technology-related institution or organization referred to in the former part of Article 20 (4) of the Act shall be any of the following institutions or organizations: |
| 1. | A corporation established to perform affairs related to construction technology pursuant to the Act or any other statute; |
| 2. | An academic society, institution or organization that performs affairs related to construction technology; |
| 4. | A non-profit corporation incorporated under Article 32 of the Civil Act (applicable only where it has provided an educational course related to construction technology). |
| (2) | The Minister of Land, Infrastructure and Transport may designate and publicly notify public institutions, or institutions or organizations related to construction technology (hereinafter referred to as "educational institutions"), to which he/she intends to outsource education and training of construction engineers pursuant to Article 20 (4) of the Act by person subject to education and training and by area of expertise. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| (3) | Requirements for designating educational institutions shall be as specified in attached Table 4; |
| (4) | When the Minister of Land, Infrastructure and Transport designates an educational institution, he/she shall issue a certificate designating an educational institution, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for outsourcing education and training to educational institutions shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
CHAPTER IV CONSTRUCTION TECHNOLOGY SERVICES, ETC.
SECTION 1 Construction Technology Service Business
| Article 44 (Registration, etc. of Construction Technology Service Business) |
| (1) | Pursuant to Article 26 (1) of the Act, any person who intends to provide construction technology services for which a contracting authority awards a contract, shall be registered with a Mayor/Do Governor by each of the following area of expertise: <Amended by Presidential Decree No. 27176, May 17, 2016> |
| 2. | Design and project management: |
| (b) | Services including designing: general services including designing, surveying, and waterway surveying); |
| (c) | Construction project management; |
| (d) | Special: aggregates, ready-mixed concrete, asphalt concrete, steel products, textile, welding, and pile loading. |
| (2) | The requirements for registration and the scope of services by area of expertise of a construction technology service provider shall be as specified in attached Table 5. |
| (3) | Upon receipt of an application under Article 26 (1) of the Act, a Mayor/Do Governor shall grant registration, except in any of the following cases: |
| 2. | Where the applicant fails to fulfill any of the requirements for registration specified in attached Table 5; |
| 3. | Any other case where the application is filed, in violation of the restriction imposed under the Act, this Decree, or any other statute. |
| Article 45 (Notifying, Disclosing, etc. Performance Records of Construction Technology Services) |
| (1) | Performance records that a contracting authority is required to notify the Minister of Land, Infrastructure and Transport pursuant to Article 30 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 28555, Dec. 29, 2017; Presidential Decree No. 29360, Dec. 11, 2018; Presidential Decree No. 29710, Apr. 23, 2019> |
| 1. | Status of contracts, such as the type of construction technology services, project cost and contract amount; |
| 2. | Status of participating construction engineers (including where participating construction engineers are replaced); |
| 3. | Status of assigning or removing construction engineers to or from construction project management in the construction phase, including supervision defined in subparagraph 5 of Article 2 of the Act (hereinafter referred to as "construction project management in the construction phase"); |
| (2) | Where the head of an administrative agency that has granted permission, authorization, approval, etc. for construction works that shall be supervised by a construction technology service provider designated as the project supervisor pursuant to Article 19 of the Enforcement Decree of the Building Act or Article 47 of the Enforcement Decree of the Housing Act (hereinafter referred to as "authorizing or permitting agency"), concludes or modifies the contract on the relevant supervision services or completes the construction works, he/she shall notify the performance records falling under paragraph (1) 1 through 3 to the Minister of Land, Infrastructure and Transport within ten days. <Amended by Presidential Decree No. 27444, Aug. 11, 2016> |
| (3) | A contracting authority or the head of an authorizing or permitting agency may request a construction technology service provider to submit materials necessary for making notification under paragraph (1) or (2). |
| (4) | A construction technology service provider may directly notify the Minister of Land, Infrastructure and Transport of the performance records prescribed in paragraph (1) in regard to the construction technology services he/she has provided. |
| (5) | The Minister of Land, Infrastructure and Transport may request the relevant contracting authority or the head of the relevant authorizing or permitting agency to verify the facts notified pursuant to paragraph (4). In such cases, the contracting authority or the head of the authorizing or permitting agency in receipt of a request for verification shall verify whether they are correct; and shall notify the Minister of Land, Infrastructure and Transport of the results of such verification within seven days. |
| (6) | The Minister of Land, Infrastructure and Transport may receive information from the Administrator of the Public Procurement Service regarding the status of construction technology service contracts concluded through the electronic procurement system under Article 12 of the Electronic Procurement Utilization and Promotion Act and manage such information through the construction technology information system established and operated pursuant to Article 18 (1) of the Act. <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| (7) | Pursuant to Article 30 (3) of the Act, the Minister of Land, Infrastructure and Transport may disclose the following matters through the construction technology information system referred to in Article 18 of the Act: <Amended by Presidential Decree No. 29360, Dec. 11, 2018; Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | The name of each construction technology service provider (in cases of a corporation, the name of the corporation and the name of its representative); address of the office; contact information; and the employment status of technical personnel; |
| 2. | Records of services provided by each construction technology service provider; and status of his/her performance of contracts; |
| 3. | Results of comprehensive evaluation of services provided by each construction technology service provider; |
| 4. | Demerit points of each construction technology service provider; and status of disciplinary measures taken against him/her; |
| 5. | A list of construction engineers who have participated in each construction technology service; and the period of their participation, etc.; |
| 6. | Other matters to be disclosed for selecting an appropriate construction technology service provider. |
| (8) | The Minister of Land, Infrastructure and Transport may issue a certificate regarding the performance records of construction technology services, if so requested by a contracting authority or construction technology service provider. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| (9) | Matters necessary for notifying and disclosing the performance records of construction technology services; issuing a certificate; and other relevant matters prescribed in paragraphs (1) through (8), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| Article 46 (Criteria for Imposing Administrative Dispositions on Construction Technology Service Providers) |
| (1) | The criteria for imposing administrative dispositions, such as de-registration or business suspension, on construction technology service providers under Article 31 (1) and (2) of the Act shall be as specified in attached Table 6. |
| (2) | The main structure of the relevant construction works under Article 31 (2) 5 (a) of the Act (hereinafter referred to as "main structure") shall be any of the following structures; |
| 1. | Reinforced concrete structure or steel structure; |
| 3. | Bearing system for a bridge; |
| 5. | Main body and a spillway of a dam; |
| 6. | Joints of the pipe conduits of a water supply system; |
| 7. | Structure system of a mooring facility of a port; |
| 8. | Other structural parts specified in the service contract deemed necessary by the contracting authority. |
| Article 47 (Publicly Announcing and Notifying De-Registration, etc.) |
Where a Mayor/Do Governor de-registers a construction technology service provider or suspends his/her business pursuant to Article 31 of the Act; or imposes a penalty surcharge on him/her pursuant to Article 32 of the Act, he/she shall publish such fact in the official report of the relevant City/Do; and shall notify the Minister of Land, Infrastructure and Transport, the relevant contracting authority, and the head of the relevant authorizing or permitting agency, within seven days.
| Article 48 (Criteria for Imposing Penalty Surcharges) |
| (1) | The criteria for penalty surcharges to be imposed pursuant to Article 32 (3) of the Act based on the type and gravity of violations committed by construction technology service providers, shall be as specified in attached Table 6. |
| (2) | To impose a penalty surcharge under Article 32 of the Act, a Mayor/Do Governor shall give written notice indicating the type of the violation, the amount of the penalty surcharge, etc. |
| (3) | A person in receipt of a notice under paragraph (2) shall pay the penalty surcharge to a receiving agency designated by the Mayor/Do Governor within 20 days from the date of receipt of the notice: Provided, That where it is impossible to pay the penalty surcharge within such period due to a natural disaster or other unavoidable cause, it shall be paid within seven days from the date such cause ceases to exist. |
| (4) | A receiving agency in receipt of a penalty surcharge under paragraph (3) shall issue a receipt to the person who has paid the penalty surcharge; and shall notify the relevant Mayor/Do Governor without delay. |
| Article 49 (Notifying De-Registration of Construction Technology Service Provider) |
"Period determined by Presidential Decree" in the latter part of Article 33 (1) of the Act means ten days from the date the relevant construction technology service provider receives a disposition for de-registration or business suspension pursuant to Article 31 (1) or (2) of the Act.
| Article 50 (Compensation for Damage and Defects Liability Bond of Construction Technology Service Provider) |
| (1) | "Construction technology service provider prescribed by Presidential Decree" in the former part of Article 34 (2) of the Act means a construction technology service provider who enters into a service contract for working design under Article 73 (hereinafter referred to as "working design"); or for construction project management with a contracting authority. |
| 1. | Term of a policy: The period from the commencement date of the construction works to the completion date; |
| 2. | Objects: Working design or construction project management; |
| 3. | Coverage: The amount of a construction technology service contract for construction works: Provided, That the following relevant contract amounts shall be excluded when calculating the coverage of insurance or mutual aid: |
| (a) | Where basic design and working design are to be provided by the same construction technology service provider: The amount of a contract for the basic design; |
| (b) | Where construction project management prescribed in Article 59 (1) is to be performed including the phase of basic design or post-construction: The amount of a contract for basic design or post-construction. |
| (3) | A construction technology service provider who has purchased insurance or has subscribed to mutual aid pursuant to Article 34 (2) of the Act shall submit the insurance policy or certificate of membership of mutual aid to the relevant contracting authority by not later than the timing prescribed as follows: |
| 1. | Working design: Before completing the relevant working design; |
| 2. | Construction project management: At the time a contract for the relevant construction project management is concluded. |
| (4) | The method of calculating the coverage of insurance or mutual aid, procedures for purchasing insurance or subscribing to mutual aid, and other relevant necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (5) | The scope of liability for defects; the period of depositing a defect liability bond; the amount of a defect liability bond; timing and method of depositing it; and other relevant matters under Article 34 (5) of the Act shall be as follows: |
| 3. | Amount of defect liability bond, timing and method of depositing it, exemption, devolvement on the National Treasury, direct use, etc.: The amount, timing and method of depositing it, exemption, devolvement on the National Treasury, direct use, etc. to which Article 18 of the Act on Contracts to Which the State Is a Party and Articles 62 and 63 of the Enforcement Decree of the same Act apply mutatis mutandis. |
| Article 51 (Construction Technology Service Projects Executed by Contracting Authority) |
| 1. | Name of the construction technology service project; |
| 2. | Name of the institution that executes the construction technology service project; |
| 3. | Major details of the construction technology service project; |
| 4. | Total project cost and the budget scale of the relevant year; |
| 5. | Projected timing for bidding; |
| 6. | Other matters necessary for participating in bidding. |
| (3) | An implementation plan under paragraph (2) may be publicly announced, together with a call for bids. |
| Article 52 (Selecting Construction Technology Service Provider, etc.) |
| (1) | When a contracting authority orders construction technology services publicly announced pursuant to Article 51 (2), it shall, pursuant to Article 35 (2) of the Act, evaluate the pre-qualification of persons who will participate in bidding based on their capacity, records of executing projects, credibility, etc.; and shall select them as a qualified participant in bidding: Provided, That in cases of construction technology services (excluding construction project management services), the projected price of which is less than 500 million won, a call for price-based bids may be issued before evaluating the pre-qualification. |
| (2) | When ordering construction technology services publicly announced pursuant to Article 51 (2), the contracting authority may select a designer by competitive bid for design, if the symbolic, memorial or artistic features of design are required. |
| (3) | Where a contracting authority intends to select a person particularly outstanding in technology as a successful bidder in ordering construction technology services, it may first select qualified persons based on the standards for technology evaluation; and may allow them to bid based on technology and price separately. |
| (4) | When a contracting authority evaluates pre-qualification pursuant to paragraph (1) and examines to select a design by competitive bid pursuant to paragraph (2), it may establish its own committee for evaluation or examination; or may outsource such evaluation or examination to the Central Deliberative Committee, etc. or a specialized institution. |
| (5) | Necessary matters concerning the standards for evaluating pre-qualification; competitive bid for design; standards for examination; standards for technology evaluation, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and the detailed evaluation standards shall be determined by the contracting authority within the scope prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (6) | Where a contracting authority formulates detailed evaluation standards pursuant to paragraph (5), it shall refer them to the Central Deliberative Committee, etc. for deliberation: Provided, That, if a local government is the contracting authority, they shall be deliberated on by the local deliberative committee established under the relevant local government (if the head of a Si/Gun/autonomous Gu is the contracting authority, referring to the local deliberative committee established under the City/Do to which the relevant Si/Gun/Gu belongs; hereafter the same shall apply in paragraph (7)). |
| (7) | Where a contracting authority evaluates pre-qualification as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, the methods and standards for evaluating technology and the adequacy of a call for bids shall be deliberated on by the Central Deliberative Committee, etc.: Provided, That, if a local government is the contracting authority, they shall be deliberated on by the local deliberative committee established under the relevant local government. |
| (8) | A contracting authority may partially compensate construction technology service providers not determined as a successful bidder among persons selected as participants in the bidding pursuant to paragraph (1) for the expenses incurred in evaluating their pre-qualification within budgetary limits, as determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Articles 53 and 54 Deleted. <by Presidential Decree No. 29918, Jun. 25, 2019> |
SECTION 2 Construction Project Management
| Article 55 (Construction Project Management, Including Exercising Delegated Supervisory Authority) |
| 1. | Construction works specified in attached Table 7, with a total construction cost exceeding 20 billion won; |
| 2. | Construction works, not prescribed in subparagraph 1, that a contracting authority recognizes as partially requiring construction project management, including exercising delegated supervisory authority under Article 39 (2) of the Act (hereinafter referred to as "construction project management, including exercising delegated supervisory authority") among construction works for building bridges; tunnels; drainage gates; railroads; subways; overpasses; waste treatment facilities; wastewater treatment facilities; or public sewage treatment facilities; |
| 3. | Construction works, not prescribed in subparagraphs 1 and 2, that a contracting authority deems as fully or partially requiring construction project management, including exercising delegated supervisory authority, after examining them based on the standards for examining the adequacy of construction project management publicly notified by the Minister of Land, Infrastructure and Transport. |
| (2) | Notwithstanding paragraph (1), a contracting authority need not apply construction project management, including exercising delegated supervisory authority, to the following construction works: <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| 3. | Construction works executed by the institutions prescribed in Article 94 (1) and the local government-invested public corporations established under the Local Public Enterprises Act; and supervised by an employee (including a construction engineer managing a construction project (hereinafter referred to as "construction project management engineer") of the relevant institution or public corporation based on the standards for placing construction project management engineers referred to in Article 60; |
| 4. | Simple and routine construction works prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 5. | Special construction works for military that require clearance; construction works for correctional facilities; and construction works related to national security; |
| 6. | Construction works for broadcasting facilities requiring specialized technology; |
| 7. | Construction works for nuclear reactors, radiation generating devices, relevant facilities, nuclear fuel cycle facilities, and waste facilities under subparagraphs 8 through 10 of Article 2 and Articles 37 and 63 (1) of the Nuclear Safety Act (hereinafter referred to as "construction works for nuclear facilities"). |
| (3) | Except in extenuating circumstances, a contracting authority shall integrate contracts for construction project management, including exercising delegated supervisory authority, over several construction works of a similar type, the construction sites of which are adjacent to each other. <Amended by Presidential Decree No. 28555, Dec. 29, 2017> |
| (4) | Matters necessary for integrating contracts for construction project management, including exercising delegated supervisory authority under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 56 (Scope of Duties of Contracting Authority) |
| (1) | A contracting authority shall assign to its employees the following duties relating to construction works subject to construction project management, including exercising delegated supervisory authority: <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| 1. | Maintaining liaison and identifying problems occurring in the course of executing the construction works; |
| 2. | Assisting in compensation for the site and solving civil petitions; |
| 4. | Examining matters concerning design changes confirmed by the construction project management engineer pursuant to Article 59 (3) 9; |
| 5. | Conducting pre-use inspection. |
| (2) | Matters necessary for performing duties of the employees of a contracting authority may be separately determined by the Minister of Land, Infrastructure and Transport. |
| (3) | In cases of construction works subject to construction project management including exercising delegated supervisory authority, no employees of the contracting authority shall intervene in or interfere with the affairs of the construction project management service provider and the construction project management engineer or infringe on their authority without any justifiable ground, except for their duties prescribed in paragraph (1); supervision as the person who has originally awarded the contract for construction project management services; and matters specified in the contract concluded with the construction technology service provider that performs the construction project management (hereinafter referred to as "construction project management service provider"). <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| Article 57 (Design Services subject to Construction Project Management) |
| 3. | Basic design and working design services for construction works which include structures to be constructed by a new or special construction method, and the construction project management of which is deemed necessary by a contracting authority; |
| 4. | Basic design and working design services for construction works with a total construction cost exceeding 30 billion won. |
| Article 58 (Selecting, etc. Construction Project Management Service Providers) |
| (1) | Where a contracting authority outsources construction projects management under Article 39 of the Act, it shall not select any of the following construction project management service providers as an outsourcee; and shall replace the construction project management service provider if he/she falls under any of the following: |
| 1. | Where the construction project management is to be performed in the design phase, the person awarded the contract for the relevant design service and his/her affiliate (referring to "affiliate defined in subparagraph 3 of Article 2 of the Monopoly Regulation and Fair Trade Act; hereinafter the same shall apply); |
| 2. | Where the construction project management is to be performed in the construction phase, the person awarded the contract for the relevant construction works (where a contract for joint construction works is awarded based on a bidding for a design-build project; referring to each of the joint contractors) and his/her affiliate; |
| 3. | Where the construction project management is to be performed in the phases of design and construction by integration, the person awarded the contract for the relevant design services or construction works or his/her affiliate. |
| (2) | In selecting a construction project management service provider, a contracting authority may separately determine the grade, technical level, etc. of the construction project management engineers to be placed, based upon the scale of the relevant construction works, the special characteristics of the structures, etc.; and where deemed necessary based on the special characteristics of the relevant construction works, the contracting authority may require the construction project management service provider to arrange persons with special qualifications or technology (including persons pre-approved by the contracting authority, other than construction engineers) to participate in the construction project management. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| (3) | Where a contracting authority outsources construction project management in the construction phase, it shall select a construction project management service provider before commencing the construction works, except in extenuating circumstances. |
| (4) | A construction project management service provider who performs construction project management including exercising delegated supervisory authority for any of the following construction works implemented by a person prescribed in any of subparagraphs 2 through 7 of Article 3 shall be selected by the following relevant persons. In such cases, paragraphs (1) through (3) and Article 52 shall apply mutatis mutandis: |
| 1. | Construction works outsourced by the State, a local government, a public corporation or a quasi-governmental institution: A person who has outsourced the relevant construction works; |
| 2. | Construction works for facilities to be managed by the State, a local government, a public corporation or a quasi-governmental institution pursuant to related statutes: A person responsible for managing the relevant facilities; |
| (5) | Where a person prescribed in paragraph (4) selects a construction project management service provider to outsource construction project management, including exercising delegated supervisory authority, he/she shall not designate any of the following persons; and where a construction project management service provider falls under any of the following, he/she shall be replaced immediately: |
| 1. | The contracting authority of the relevant construction works; |
| 2. | A corporation that has invested in the contracting authority referred to in subparagraph 1. |
| (6) | If a person prescribed in paragraph (4) selects a construction project management service provider, he/she shall notify a person prescribed in subparagraphs 2 through 7 of Article 3. |
| (7) | When a contracting authority determines a period during which a construction project management service provider manages a construction project in the construction phase, it shall ensure to include in such period the period required for preparation, such as examining design documents before commencing the construction works and the period required for ex post facto management, such as taking procedures for issuing a completion certificate of the construction works after completing the construction works. |
| (8) | Where a competent authority has selected a construction project management service provider pursuant to paragraph (4) 4, the competent authority and the contracting authority of the relevant project may jointly conclude a contract with the construction project management service provider. In such cases, the method of providing construction project management services; the method of paying the cost, etc. shall be determined after consultation between the competent authority and the contracting authority. |
| Article 59 (Scope and Details of Construction Project Management Services) |
| (1) | The scope of construction project management services under Article 39 (1) of the Act shall be classified by the following relevant phases: |
| 6. | Post-construction phase. |
| (2) | Details of services to be provided by phase under paragraph (1) shall be as follows: <Amended by Presidential Decree No. 28555, Dec. 29, 2017> |
| 1. | Comprehensive project management, such as planning, operating, adjusting, etc. construction works; |
| 2. | Contract management for construction works; |
| 3. | Deleted; <by Presidential Decree No. 28555, Dec. 29, 2017> |
| 4. | Project cost management for construction works; |
| 5. | Process management for construction works; |
| 6. | Quality control for construction works; |
| 7. | Safety management for construction works; |
| 8. | Environmental management for construction works; |
| 9. | Project information management for construction works; |
| 10. | Risk management related to the project cost, process, quality, safety, etc. of construction works; |
| 11. | Other matters necessary for efficiently managing construction works. |
| (3) | Construction project management services, including exercising delegated supervisory authority, shall include: <Amended by Presidential Decree No. 28555, Dec. 29, 2017> |
| 1. | Examining the construction plan; |
| 2. | Examining the progress schedule; |
| 3. | Verifying whether the construction works are being executed in conformity with the design drawings and specifications; |
| 4. | Examining, certifying, and providing guidance on, the quality management plan or quality testing plan formulated by a constructor or registered housing constructor; and examining and verifying the outcomes of quality tests and inspections; |
| 5. | Verifying measures for preventing disasters; examining and verifying safety management plans; and providing other guidance on safety management and environmental management; |
| 6. | Investigating and inspecting completed construction works; |
| 7. | Feasibility study for entering into a subcontract; |
| 8. | Pre-examining the suitability of design content to site conditions and the feasibility, etc. of actual construction; |
| 9. | Examining and verifying matters concerning design changes; |
| 11. | Examining and verifying detailed shop drawings prepared by the constructor or registered housing constructor; |
| 12. | Examining and verifying the appropriateness of the specifications of structures and materials to be used; |
| 13. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as necessary for improving the quality of the construction works. |
| 1. | Examining the compliance with the statutes related to construction works, the design standards for construction works; and the execution standards for construction works pursuant to Article 44 (1) 1 and 2 of the Act; |
| 2. | Examining the adequacy of the form of installed structures and the selected construction methods; |
| 3. | Examining the adequacy of materials selected; |
| 4. | Pre-examining the constuctability of design; |
| 5. | Examining the adequacy of structural calculation; |
| 6. | Examining the adequacy of the survey and the ground exploration pursuant to Article 74; |
| 7. | Managing design process; |
| 8. | Examining the adequacy of construction period and construction cost; |
| 9. | Examining the economic feasibility, etc. of the proposed design pursuant to Article 75; |
| 10. | Examining the adequacy of the proposed design; |
| 11. | Examining the adequacy of design drawings and construction specifications. |
| (5) | "Construction engineers specified by Presidential Decree" in the latter part of Article 39 (4) of the Act means responsible construction engineers designated pursuant to Article 39-3 (4) of the Act (hereinafter referred to as "responsible construction engineers") and construction project management engineers in the fields of civil engineering, architecture, machinery, landscaping, etc. <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| (6) | "Construction engineers specified by Presidential Decree" in the latter part of Article 39 (6) of the Act means construction engineers to whom construction project management in the construction phase is assigned pursuant to Article 60 (1). <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| (7) | Necessary matters concerning the details of construction project management services prescribed in paragraphs (1) through (4) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 59-2 (Formulation of Construction Project Management Plans) |
| (1) | A contracting authority shall formulate a construction project management plan for the construction phase under Article 39-2 (1) of the Act (hereinafter referred to as "construction project management plan") before commencing the following construction works (preparation for construction works, such as site clearing for a construction works, installation of a temporary office, etc. shall not be deemed the commencement of construction works; hereafter the same shall apply in this Article): |
| 1. | Civil engineering works for which the total construction cost amounts to at least 500 million won; |
| 2. | Architectural works for a building with a total floor area of at least 600 square meters; |
| 3. | Specialized construction works for which the total construction cost amounts to at least 200 million won; |
| 4. | Other construction works for which the contracting authority deems necessary to formulate a construction project management plan for preventing defects in construction works and safety accidents. |
| (2) | Notwithstanding paragraph (1), a contracting authority need not formulate a construction project management plan for construction works referred to in any of the following: |
| 2. | Construction works referred to in Article 55 (2) 1, 2 and 4 through 7; |
| 3. | Construction works implemented during a war, an incident or any other similar national emergency; |
| 4. | Construction works urgently implemented for relief from a disaster or for preventing safety accidents. |
| (3) | "Construction works specified by Presidential Decree" in Article 39-2 (3) of the Act means construction works referred to in any of the following, for which a contract is awarded by a contracting authority that has a consultative committee on technology, among construction works for which a safety management plan shall be formulated pursuant to Article 62 of the Act and for which the total construction cost amounts to at least ten billion won: |
| 1. | Constructions works involving structures; |
| 2. | Construction works for which the contracting authority deems necessary to deliberate on the adequacy of the construction project management plan, etc. in order to prevent defects in construction works and safety accidents, among construction works not involving any structure. |
| (4) | Upon receipt of a request from the contracting authority to deliberate on a construction project management plan pursuant to Article 39-2 (3) of the Act, the consultative committee on technology shall deliberate on the adequacy of the plan, grade the result of deliberation in any of the following categories and notify the contracting authority of the result, within 15 days from the date on which deliberation was requested. If the result of deliberation is graded in the category of subparagraph 2, the reasons why an amendment is required shall be included in the notification: |
| 1. | Adequate: Where it is found that the construction project management plan has been concretely and clearly prepared in accordance with the guidelines for the formulation of construction project management plans and thus is sufficient to prevent defects in construction works and safety accidents; |
| 2. | Conditionally adequate: Where it is found that it is necessary to amend the construction project management plan partially in accordance with the guidelines for the formulation of construction project management plans, although any defect in the plan does not have a detrimental effect on the quality of construction works and safety; |
| 3. | Inadequate: Where it is found that the construction project management plan has a fundamental defect, such as a potential cause of defects in construction works or safety accidents, because of failure to meet the guidelines for the formulation of construction project management plans. |
| (5) | Upon receipt of the notice of being graded inadequate as a result of deliberation by the consultative committee on technology under paragraph (4), the contracting authority shall modify and amend the construction project management plan and shall request the committee again to deliberate on the plan. |
| (6) | When a contracting authority with no consultative committee on technology intends to formulate or amend a construction project management plan for construction works referred to in any of the following, for which a contract is awarded by the contracting authority, it shall undergo deliberation by the relevant local deliberative committee on the plan: |
| 1. | Construction works for which a safety management plan shall be formulated pursuant to Article 62 of the Act; |
| 2. | Constructions works for which the total construction cost amounts to at least ten billion won: |
| 3. | Construction works referred to in any subparagraph of paragraph (3). |
| (7) | Paragraphs (4) and (5) shall apply mutatis mutandis to deliberation by a local deliberative committee under paragraph (6), etc. In such cases, "consultative committee on technology" shall be construed as "local deliberative committee". |
| (8) | In any of the following cases, the contracting authority shall amend the relevant construction project management plan formulated after deliberation under paragraph (4) or (6): |
| 1. | Where the major project plan is amended with regard to the scale and period of construction, the total construction cost, etc.: Provided, That the foregoing shall not apply where the major project plan for construction works is amended by not more than 10/100 of the major project plan at the time when the original construction project management plan was approved; |
| 4. | Where the contracting authority deems necessary to amend the construction project management plan on any other ground. |
| (9) | Except as otherwise provided in paragraphs (1) through (8), details necessary for the formulation, amendment, implementation, etc, of construction project management plans shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019]
| Article 59-3 (Deadline for Fact-Finding Report and Other Measures) |
| (1) | Upon receipt of a request from a constructor to examine improvements pursuant to Article 39-3 (1) of the Act, a construction technology service provider shall examine them and shall submit a report on examination (hereinafter referred to as "fact-finding report") to the contracting authority, along with relevant documents, and shall take other necessary measures within 14 days from the date on which it was requested to examine them, unless exceptional circumstances exist. |
| (2) | Upon receipt of a fact-finding report under Article 39-3 (3) of the Act, a contracting authority shall review the report and shall notify the construction technology service provider referred to in paragraph (1) of the results of the review on the fact-finding report within 14 days from the filing date of the report, unless exceptional circumstances exist. |
[This Article Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019]
| Article 60 (Placement of Construction Project Management Engineers) |
| (1) | A construction project management service provider who manages a construction project in the construction phase shall assign construction project management to construction engineers deemed suitable for the scale and type of the relevant construction works and shall place construction engineers responsible for construction project management in accordance with the guidelines prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, based upon the scale, etc. of construction works. <Amended by Presidential Decree No. 29360, Dec. 11, 2018; Presidential Decree No. 29918, Jun. 25, 2019> |
| (2) | When a construction project management service provider places a construction project management engineer, the contracting authority shall ensure he/she is adequately placed by grade according to the placement standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the contracts for construction project management, including exercising delegated supervisory authority, are integrated pursuant to Article 55 (3), the grade of a construction project management engineer to be placed may be adjusted to that below the placement standards. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| (3) | When placing construction project management engineers in the construction phase of construction works with a contract cost not exceeding 70 percent of the projected price, the contracting authority shall increase the number of such engineers by at least the standard determined by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| (4) | Where a construction project management engineer already placed or to be placed is deemed unsuitable to provide construction project management services for the relevant construction works, the contracting authority may request the construction project management service provider to replace him/her, specifying the grounds therefor; and where the construction project management service provider intends to voluntarily replace the construction project management engineer, he/she shall obtain prior approval from the contracting authority. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| (5) | Where the construction project management engineer placed at a construction site leaves the site to undergo education under the Act or under the Framework Act on Civil Defense or the Reserve Forces Act, or receives paid leave, etc. in the course of performing his/her duties, the construction project management service provider shall take necessary measures to prevent any impediment to construction project management. <Amended by Presidential Decree No. 27619, Nov. 29, 2016; Presidential Decree No. 29360, Dec. 11, 2018> |
| (6) | A contracting authority shall not reduce compensation for the construction project management engineer for the period during which he/she undergoes education and for the statutory holidays (except Sundays) prescribed in the Regulations on Holidays of Government Offices. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| (7) | Necessary matters concerning the standards for and methods, etc. of placing construction project management engineers, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| Article 61 (Order for Suspending Construction, etc. in Course of Construction Project Management) |
| (1) | Where a construction project management service provider and a construction supervisor under Article 49 (1) of the Act order a constructor to execute reconstruction, suspend construction or take any other necessary measure on a constructor pursuant to Article 40 (1) of the Act, they shall give written notice to the constructor and shall make and maintain records of the measures taken and the outcomes thereof. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| (2) | and (3) Deleted. <by Presidential Decree No. 29918, Jun. 25, 2019> |
| Article 62 (Scope of Duties of General Manager, etc.) |
| 1. | Coordinating and verifying the construction plan, process plan, and quality, safety and environmental management plans, submitted by a person prescribed in Article 41 (1) of the Act concerning the relevant construction works or installation works; |
| 2. | Coordinating and verifying the findings of investigations and inspections of completed construction works; |
| 3. | Other matters necessary for efficiently managing construction projects and supervising construction works or installation works. |
| (2) | A general manager may request a person prescribed in Article 41 (1) of the Act to submit materials, if necessary for performing the duties prescribed in paragraph (1). |
| Article 63 (Relationship with Other Acts) |
"Affair prescribed by Presidential Decree" in Article 42 of the Act means the affairs regarding construction project management services in the construction phase.
CHAPTER V MANAGEMENT OF CONSTRUCTION WORKS
SECTION 1 Standardization, etc. of Construction Works
| Article 64 (Recommending Pilot Production, Pilot Construction, etc.) |
Where the Minister of Land, Infrastructure and Transport recommends any pilot production, pilot construction, etc. pursuant to Article 43 (2) of the Act, he/she may subsidize the expenses incurred therefor; and where he/she has recommended any pilot production, he/she may recommend a contracting authority to use pilot-produced materials.
| Article 65 (Construction Standards) |
| 1. | The Minister of Agriculture, Food and Rural Affairs; the Minister of Environment; or the Minister of Oceans and Fisheries; |
| 3. | A public corporation or quasi-governmental institution; |
| 4. | An institution or organization related to construction technology; |
| 5. | A corporation whose purpose is to conduct research on construction-related technology. |
| (2) | "Person prescribed by Presidential Decree" in Article 44 (2) of the Act means a person falling under paragraph (1) 2 through 5. <Newly Inserted by Presidential Decree No. 25938, Dec. 30, 2014> |
| (3) | If the Minister of Land, Infrastructure and Transport (including persons delegated with his/her authority to approve construction standards pursuant to Article 116) intends to approve construction standards pursuant to Article 44 (2) of the Act, he/she shall submit them to the Central Deliberative Committee for its deliberation. The same shall also apply where he/she intends to amend (excluding amending insignificant matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport) or to abolish them. <Amended by Presidential Decree No. 25938, Dec. 30, 2014> |
| (4) | Upon developing, amending or abolishing construction standards, the Minister of Land, Infrastructure and Transport or a person prescribed in paragraph (1) shall notify or publish executive summary of such standards as follows: <Amended by Presidential Decree No. 25938, Dec. 30, 2014> |
| 1. | The Minister of Land, Infrastructure and Transport or a person falling under paragraph (1) 1: To publish in the Official Gazette; |
| 2. | A person falling under paragraph (1) 2: To publish in the official report of the relevant local government; |
| 3. | A person falling under paragraph (1) 3 through 5: To notify the related central administrative agencies and local governments, and related agencies, etc. |
| (5) | If requested by a person prescribed in paragraph (1), the Minister of Land, Infrastructure and Transport may allow him/her to prepare documents related to construction standards as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and to commercially disseminate them. <Amended by Presidential Decree No. 25938, Dec. 30, 2014> |
| (6) | The standard specifications, etc. under Article 44 (1) 2 of the Act shall be the standards for executing construction works for each facility, to ensure the safety of the facility and the appropriateness, quality, etc. of construction works; and shall serve as the construction standards to be used by each contracting authority or construction technology service provider when preparing construction specifications. <Amended by Presidential Decree No. 25938, Dec. 30, 2014> |
| (7) | Matters necessary for managing construction works under Article 44 (1) 3 of the Act shall be specified in the special specifications for the relevant construction works (referring to the comprehensive standards for executing all types of construction works to be used for executing, or preparing construction specifications for, specific construction works, which are based on the standard specifications by facility). <Amended by Presidential Decree No. 25938, Dec. 30, 2014> |
| (8) | The Minister of Land, Infrastructure and Transport may grant a subsidy to a person who develops or amends construction standards pursuant to Article 44 (1) of the Act for the expenses incurred therefor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 25938, Dec. 30, 2014> |
| Article 65-2 (Management of Construction Standards) |
| (1) | If necessary for verifying and evaluating construction standards pursuant to Article 44-2 (3) 3 of the Act, the National Construction Standards Center under Article 44-2 (2) of the Act (hereinafter referred to as the "Construction Standards Center") may request a contracting authority to cooperate in testing for verification, pilot construction, etc. |
| (2) | If necessary for efficiently establishing and operating the informatization system for construction standards pursuant to Article 44-2 (3) 4 of the Act, the Construction Standards Center may request the heads of related institutions to provide related materials, such as the details of developed and amended construction standards, the grounds therefor, etc. |
| 1. | Examining, and providing advice on, construction standards; |
| 2. | Presenting its opinion on construction standards on which the Central Deliberative Committee has deliberated; |
| 3. | Other matters the Minister of Land, Infrastructure and Transport deems necessary for developing construction standards. |
| (5) | Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for establishing and operating the Construction Standards Center shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 25938, Dec. 30, 2014]
| Article 65-3 (Contributions for Construction Standards Center) |
| (1) | Where the Institute of Civil Engineering and Building Technology entrusted with operating the Construction Standards Center pursuant to Article 44-2 (4) of the Act and Article 65-2 (4) of this Decree intends to receive contributions pursuant to Article 44-2 (5) of the Act, it shall submit a written budget request for contributions for the following year to the Minister of Land, Infrastructure and Transport along with the following documents by not later than April 30 each year: |
| 1. | A business plan for the following year; |
| 2. | A forecast balance sheet and a forecast statement of profit or loss. |
| (2) | If the documents prescribed in paragraph (1) are deemed reasonable, the Minister of Land, Infrastructure and Transport shall pay contributions. |
| (3) | Where the Institute of Civil Engineering and Building Technology receives contributions pursuant to paragraph (2), it shall establish and manage a separate account for the contributions; and shall use the contributions only for performing the duties of the Construction Standards Center prescribed in Article 44-2 (3) of the Act. |
| (4) | The president of the Institute of Civil Engineering and Building Technology shall report the details of operating the Construction Standards Center to the Minister of Land, Infrastructure and Transport by the following relevant deadlines: |
| 1. | Detailed operation plan for the relevant year: By January 31 each year; |
| 2. | Results of operation in the previous year: By March 31 each year. |
[This Article Newly Inserted by Presidential Decree No. 25938, Dec. 30, 2014]
| Article 66 (Contributions to Study, Research, etc. Standards for Calculating Construction Cost) |
| (1) | In providing contributions pursuant to the latter part of Article 45 (2) of the Act, the Minister of Land, Infrastructure and Transport may pay the contributions in lump sum or in installments, based upon the details of managing the standards for calculating construction cost of construction works, progress status, etc. <Amended by Presidential Decree No. 26382, Jul. 6, 2015> |
| (2) | A person who receives contributions pursuant to paragraph (1) shall manage them in a separate account and use them only for managing the standards for calculating construction cost of construction works, as determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 26382, Jul. 6, 2015> |
| (3) | Where a person in receipt of contributions under paragraph (1) uses the contributions for other than the purpose of managing the standards for calculating construction cost of construction works referred to in paragraph (2) without any justifiable ground, the Minister of Land, Infrastructure and Transport may fully or partially recover such contributions. <Amended by Presidential Decree No. 26382, Jul. 6, 2015> |
| Article 67 (Execution Process of Construction Works) |
| (1) | "Procedures and standards prescribed by Presidential Decree" in Article 46 (1) of the Act means the procedures and standards prescribed in the relevant regulations in the following execution process of construction works (hereinafter referred to as "execution process of construction works"): Provided, That this shall not apply where they are particularly prescribed by any other statute: <Amended by Presidential Decree No. 26894, Jan. 12, 2016> |
| 2. | The feasibility study of the construction works under Article 47 of the Act (hereinafter referred to as "feasibility study"); |
| 3. | A basic plan for the construction works under Article 69; |
| 4. | Determining the method of executing the construction works under Article 70; |
| 6. | Measures against the increase of construction cost, etc. under Article 72; |
| 8. | Survey and ground exploration under Article 74; |
| 9. | Examining economic feasibility, etc. of design under Article 75; |
| 10. | Inspecting and managing status of construction under Article 76; |
| 11. | Managing the construction works under Article 77; |
| 12. | Completing the construction works under Article 78; |
| 13. | Managing the actual names of participants in the construction works under Article 79; |
| 14. | Post-evaluating the construction works under Article 52 of the Act (hereinafter referred to as "ex-post evaluation"); |
| 15. | Maintaining and managing facilities under Article 80. |
| (2) | Notwithstanding the execution process of construction works prescribed in paragraph (1), a contracting authority may partially adjust the execution process of any of the following construction works: |
| 1. | Construction works with a total construction cost not exceeding ten billion won; |
| 2. | Urgent construction works, such as emergency construction works for disaster restoration; |
| 3. | Construction works for repair, removal or improvement; |
| 4. | Construction works for national defense facilities and military installations requiring security; |
| 5. | Construction works designated by the contracting authority after consulting with the heads of related central administrative agencies, where deemed necessary to adjust the execution process of the construction works due to its characteristics and execution process. |
| Article 68 (Schematic Design) |
| (1) | To execute construction works, the contracting authority shall prepare a schematic design of the construction works (hereinafter referred to as "schematic design") after examining the following matters: |
| 1. | Necessity of the construction works; |
| 3. | Predicting risk factors in executing the construction works; |
| 4. | Conditions of the location of the prearranged construction site; |
| 5. | The scale of the construction works and construction cost; |
| 6. | Environmental impact of the construction works; |
| 7. | Details of the report on ex-post evaluation of the same or similar construction works prepared pursuant to Article 52 (1) of the Act; |
| 8. | Whether the construction works are subject to construction project management; the anticipated effects of the construction works; and other matters the contracting authority deems necessary. |
| (2) | In preparing a schematic design, a contracting authority shall refer to the standards publicly notified by the Minister of Land, Infrastructure and Transport and Tourism pursuant to Article 86 (7). |
| Article 69 (Basic Plan for Construction Works) |
| (1) | Where deemed necessary to execute construction works as a result of a feasibility study, a contracting authority shall formulate a basic plan for the construction works including the following matters (hereinafter referred to as "basic plan for construction works") based on the schematic design: |
| 1. | Objectives and basic direction-setting for the construction works; |
| 2. | Details and period of the construction works; the implementer thereof; and the construction execution plan; |
| 3. | Construction cost and financing plan; |
| 4. | Investment priority of each construction works (limited to where planning and compilation of budget are performed as a single project by bundling the same or similar construction works, such as road construction, river construction, and a regional development project); |
| 5. | Annual construction execution plans; |
| 6. | A plan for maintaining and managing facilities; |
| 7. | An environmental conservation plan; |
| 8. | Anticipated effects and other matters the contracting authority deems necessary. |
| (2) | When formulating a basic plan for construction works, the contracting authority shall consider the correlation with the plans formulated under any other statutes, such as an urban and Gun management plan; and shall analyze the environmental impact of the relevant construction works, etc. |
| (3) | When formulating a basic plan for construction works, the contracting authority shall pre-consult with the heads of related administrative agencies. The same shall also apply when modifying any of the following matters in the basic plan for construction works: |
| 1. | Changing the objectives or basic direction of the construction works; |
| 2. | Extending the construction period by up to at least one year; |
| 3. | Increasing construction cost by at least ten percent. |
| (4) | When determining the investment priority of each construction project pursuant to paragraph (1) 4, the contracting authority shall comprehensively consider: socioeconomic feasibility; balanced development between regions; and consensus of residents of the relevant region. |
| (5) | When formulating a basic plan for construction works or modifying any matter of the basic plan prescribed in paragraph (3), the contracting authority shall publicly notify such fact. |
| Article 70 (Determining Method of Executing Construction Works) |
| (1) | After formulating and publicly notifying a basic plan for construction works, the contracting authority shall determine any of the following methods of executing the construction works, based upon the scale and nature of the relevant construction works: <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | Deleted. <by Presidential Decree No. 29918, Jun. 25, 2019> |
| 4. | Method of executing the construction works, except as otherwise expressly provided for in subparagraphs 1 through 3. |
| (2) | When a contracting authority has determined the method of executing construction works prescribed in paragraph (1) 4, it shall determine any of the following methods as the method of executing the construction works, based upon the nature by type of the relevant construction works after completion of the working design under Article 73 (1) or (2): |
| 3. | Method of executing the construction works, other than those prescribed in subparagraphs 1 through 3. |
| Article 71 (Basic Design) |
| (1) | A contracting authority shall prepare a basic design, including the type of main structure; the ground and the soil; the rough construction cost; guidelines for working design, etc. of construction works, based on the basic plan for the construction works: Provided, That the basic design need not be prepared separately in any of the following cases: |
| 1. | Where the construction works are to be executed by selecting construction technology by competitive bid or tendering for a design-build project; |
| 2. | Where a working design is to be prepared including the basic design pursuant to Article 73 (2); |
| 3. | Where a feasibility study has been conducted on the details to be included in the basic design pursuant to Article 81 (3). |
| (2) | Details of a basic design, design period, design management, and the standards for preparing basic design documents shall be determined and publicly announced by the Minister of Land, Infrastructure and Transport. |
| (3) | In preparing a basic design, the contracting authority shall consider the opinions of interested parties, including residents: Provided, That this shall not apply where consensus has been gathered pursuant to any other statutes before preparing the basic design. |
| (4) | Where a contracting authority intends to consider opinions of interested parties pursuant to paragraph (3), it shall publish the following matters in a daily newspaper; and shall make the proposal for basic design available to the general public for at least 14 days: |
| 1. | Outline of the construction works; |
2, Necessity of the construction works;
| 3. | The effects of the construction works; |
| 4. | The period for the construction works; |
| 5. | Annual investment plans; |
| 6. | Period for and method of conducting public inspections; |
| 7. | Methods of submitting opinions and other necessary matters. |
| (5) | Where construction works require permission, etc. pursuant to related statutes, the contracting authority shall hear the opinions of the heads of the relevant authorizing or permitting agency; and shall incorporate them in the basic design. |
| (6) | Where a contracting authority does not prepare a basic design separately pursuant to the proviso to paragraph (1), it shall hear the opinions of interested parties at the following relevant time. In such cases, paragraph (4) shall apply mutatis mutandis to public announcement and public inspection: |
| 1. | In cases falling under paragraph (1) 1 or 3: At the time a working design is prepared; |
| 2. | In cases falling under paragraph (1) 2: At the time a feasibility study is conducted. |
| Article 72 (Measures against Increase, etc. of Construction Cost) |
| (1) | When preparing a basic design, the contracting authority shall endeavor to properly manage the design contents, such as selecting materials and construction methods and determining the specifications of structures so as not to increase the construction cost specified in the basic plan for the construction works. |
| (2) | Where the construction cost presented in the basic plans exceeds the limit for the increase of the construction cost proposed under Article 81 (2), the contracting authority shall re-conduct the feasibility study of the relevant construction works to determine whether the construction works are being executed. |
| (3) | The method of and standards for the feasibility study under paragraph (2) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport after consulting with the Minister of Strategy and Finance. |
| Article 73 (Working Design) |
| (1) | A contracting authority shall prepare a working design based on the basic design; and when it prepares a working design for structures, it shall investigate the relevant structures jointly with the interested parties, etc: Provided, That this shall not apply where the contracting authority deems a joint investigation unnecessary based upon the main type of construction works, etc. in the working design. |
| (2) | Following deliberation by the consultative committee on technology, a contracting authority may incorporate a basic design into a working design if deemed unnecessary to prepare both the basic design and working design based upon the nature of the relevant construction works, such as where the construction works for structures are not multi-trade construction works in which at least two types of construction works are mixed or where necessary to expedite the construction works. |
| (3) | Details of a working design, design period, design management, and the standards for preparing working design documents shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (4) | Article 72 shall apply mutatis mutandis where a contracting authority prepares working designs. In such cases, "basic designs" shall be construed as "working designs." |
| Article 74 (Survey and Ground Exploration) |
| (1) | When a contracting authority prepares a basic design or working design, it shall conduct a survey and ground exploration. In such cases, when exploring the ground, it shall consider the population density, etc. of the relevant area. <Amended by Presidential Decree No. 26894, Jan. 12, 2016> |
| (2) | A contracting authority shall secure expenses necessary for conducting a survey and ground exploration pursuant to paragraph (1); and shall grant a sufficient period necessary for the survey and ground exploration. |
| (3) | Items of and detailed standards for the survey and ground exploration under paragraph (1) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 75 (Examining Economic Feasibility, etc. of Design) |
| (1) | In any of the following cases, a contracting authority shall directly examine, or cause an expert such as a construction technology service provider to examine, the economic feasibility and the validity of field application of each alternative (hereinafter referred to as "economical feasibility, etc. of design") concerning the design by major function of the facilities to be designed: <Amended by Presidential Decree No. 25938, Dec. 30, 2014> |
| 1. | Where a basic design and a working design are prepared for construction works with a total construction cost exceeding ten billion won; |
| 2. | Where a design is changed by adjusting the total construction cost or construction cost by type of construction by at least ten percent (excluding changes caused by simple increase in quantity or price fluctuations) in the course of executing construction works with a total construction cost exceeding ten billion won; |
| 3. | Where the design the contracting authority deems necessary is prepared for construction works with a total construction cost exceeding ten billion won. |
| (2) | Necessary matters concerning the timing and frequency of examining economic feasibility, etc. of design; and the standards for compensation; the detailed methods of and procedures for examination; and other relevant matters, shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (3) | A contracting authority shall incorporate, into the relevant design, the details of suggestions for design improvement proposed as a result of examining the economic feasibility, etc of the design, except in extenuating circumstances, such as where technically difficult or excessively expensive to apply the suggestions. |
| (4) | When a contracting authority has examined the economic feasibility, etc. of design pursuant to paragraph (1), it shall submit the findings thereof to the Minister of Land, Infrastructure and Transport. |
| Article 75-2 (Examining Safety of Design) |
| (1) | When preparing working designs of construction works (excluding construction works for which the construction machines specified in any item of Article 98 (1) 5 are used) for which a safety management plan shall be formulated pursuant to Article 98 (1), a contracting authority shall request the Korea Infrastructure Safety Corporation to examine the safety of design under Article 62 (18) of the Act in order to ensure safety in the construction process. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| (2) | When requesting the examination of safety of designs pursuant to paragraph (1), a contracting authority shall submit to the Korea Infrastructure Safety Corporation a report on the safety of design (hereinafter referred to as "report on examination of the safety of design"), including the following matters: <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | Risks and hazards that require consideration in the construction phase and measures for diminishing such risks and hazards; |
| 2. | Various construction methods and procedures included in designs; |
| 3. | Other matters determined and publicly notified by the Minister of Land, Infrastructure and Transport to ensure safety in the construction phase. |
| (3) | Upon receipt of a request to examine the safety of design pursuant to paragraph (1) or (2), the Korea Infrastructure Safety Corporation shall examine the contents of the report on examination of the safety of design and shall notify the contracting authority of the results thereof, within 20 days from the date on which it was requested to examine the safety of design. <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| (4) | Where deemed necessary to improve the design for the safety of the construction process through examination conducted pursuant to paragraph (1), the contracting authority shall take necessary measures, such as supplementing and changing design documents. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| (5) | A contracting authority shall submit the findings of the examination conducted pursuant to paragraph (1) to the Minister of Land, Infrastructure and Transport before commencing the relevant construction works. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| (6) | Necessary matters concerning the methods, procedures, etc. for examining the safety of design pursuant to paragraphs (1) through (5) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
[This Article Newly Inserted by Presidential Decree No. 26894, Jan. 12, 2016]
| Article 76 (Inspecting and Managing Construction Status) |
| (1) | A contracting authority shall inspect and manage the construction status pursuant to the statutes regarding the relevant construction works to ensure the proper execution, quality assurance and improvement of the technical level of the construction works. |
| (2) | A contracting authority shall take necessary measures, such as arranging to pre-purchase equipment and materials necessary for the relevant construction works, to ensure the construction works are efficiently executed. |
| (3) | A contracting authority shall ascertain problems occurring during construction and managerial attention, to ensure the construction works are efficiently executed and managed. |
| Article 77 (Managing Construction Works) |
| (1) | A contracting authority shall supervise whether a constructor properly takes measures for solving traffic problems and preventing environmental pollution caused by plans for the process, cost, quality, safety, management of subcontracts, etc. (including a quality management plan under Article 55 (1) of the Act and a safety management plan under Article 62 (1) of the Act; hereinafter referred to as "construction management plan") and by the relevant construction works. |
| (2) | A contracting authority may require a constructor of the construction works with a total construction cost exceeding 50 billion won, to manage the performance records concerning the expenses, period, etc. invested, in comparison with the working design under Article 73, whenever each type of construction classified under the standards determined and publicly notified by the Minister of Land, Infrastructure and Transport is completed. |
| (3) | A contracting authority shall manage the soil and stones determined and publicly notified by the Minister of Land, Infrastructure and Transport so that the soil and stones generated from the construction works can be efficiently used for other construction works. |
| Article 78 (Completing Construction Works) |
| (1) | A construction completion report shall append the following documents and materials: |
| 1. | As-built drawings and documents; |
| 2. | Quality records (including an all-inclusive table of the results of quality tests or inspections); |
| 3. | Structural estimates (limited to where the construction has been executed differently from the structural estimates prepared as at the time the first working design were prepared); |
| 4. | Documents necessary for maintaining and managing facilities; |
| 5. | An evaluation report of new construction methods or special construction methods (limited to where a new or special construction method is applied); |
| 6. | An evaluation report of test operation (limited to where a test operation has been performed). |
| (2) | A contracting authority may conduct a preliminary pre-use inspection, based upon the nature, scale, etc. of the construction works. In such cases, a person conducting the preliminary pre-use inspection shall verify whether the matters indicated as at the time of the preliminary pre-use inspection, are corrected. |
| Article 79 (Managing Actual Names of Participants in Construction Works) |
| (1) | A contracting authority shall record and manage by person, the period of participation and the affairs performed by related public officials and persons in charge from service institutions, who have participated in each process of the relevant construction works (including persons who have forecasted demand in a feasibility study and persons who have prepared design documents or calculated construction costs while providing construction technology services); and shall notify such records to the construction project management service provider who has managed the construction project in the construction phase after the relevant construction works are completed. |
| (2) | A construction project management service provider who has managed a construction project in the construction phase shall enter the records received pursuant to paragraph (1) and the records on the period of participation in the construction works, affairs performed, etc. by the construction project management engineer and the constructor (referring to the persons assigned by the contractor and subcontractors to a position at least equivalent to a site supervisor) in the final report on construction project management. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| Article 80 (Maintenance and Management) |
| (2) | A managing authority of facilities shall maintain and preserve the following documents and materials related to the relevant construction works: |
| 1. | As-built drawings and documents; |
| 2. | Quality records (including an all-inclusive table of the results of quality tests or inspections); |
| 4. | A report on significant matters in executing the construction works; |
| 5. | An ex-post evaluation sheet; |
| 6. | Reports on safety inspections and safety diagnoses; and other materials the managing authority of the facilities deems necessary for maintaining and managing the facilities. |
| Article 81 (Feasibility Study of Construction Works) |
| (1) | The feasibility study under Article 47 (1) of the Act shall be conducted for constructions work with an estimated total construction cost exceeding 50 billion won: Provided, That excluded herefrom shall be construction works falling under Article 67 (2) 2 through (5). |
| (2) | When conducting a feasibility study, a contracting authority shall investigate and examine all of the processes, from the installation phase to the removal phase of buildings, facilities, etc. built through the relevant construction works, based upon technology, environment, society, finance, site, traffic, and other necessary factors; and shall propose an estimated cost of the relevant construction works and the maximum increase in construction cost that can maintain the validity of the construction works. |
| (3) | When deemed necessary considering the characteristics of the relevant construction works, a contracting authority may conduct a feasibility study on the matters to be incorporated into the basic plan and basic design for the construction works after deliberation by the consultative committee on technology. |
| (4) | When a feasibility study is completed, a contracting authority shall require employees of the contracting authority; public officials of related administrative agencies; and experts in the related fields to examine the appropriateness of the feasibility study. |
| (5) | Necessary matters concerning the detailed subject matter of investigation, etc. of a feasibility study shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport after consulting with the heads of related central administrative agencies. |
| (6) | Notwithstanding paragraph (5), where any other statute prescribes to conduct a feasibility study for construction works and the relevant statute does not prescribe the detailed subject matter of investigation, etc., the head of the relevant central administrative agency may determine such subject matter after consulting with the Minister of Land, Infrastructure and Transport. |
| (7) | A contracting authority shall evaluate the difference between the demand forecast prepared in a feasibility study pursuant to Article 47 (4) of the Act and the records of actual use, when it conducts an ex-post evaluation of the construction works pursuant to Article 52 (1) of the Act. |
| (8) | A contracting authority shall examine the appropriateness of the outcomes of the evaluation conducted pursuant to paragraph (7) after deliberation by the ex-post evaluation committee referred to in Article 52 (2) of the Act (hereinafter referred to as the "ex-post evaluation committee"). |
| (9) | A contracting authority shall notify the results of the evaluation, deliberation, and examination conducted pursuant to paragraphs (7) and (8) to the construction technology service provider that has conducted the feasibility study. |
| Article 82 (Construction Technology Services and Construction Works Subject to Evaluation) |
| (1) | "Construction technology service projects of a scale at least equivalent to that prescribed by Presidential Decree" in Article 50 (1) of the Act means: <Amended by Presidential Decree No. 26382, Jul. 6, 2015> |
| 2. | A project subject to construction project management including exercising delegated supervisory authority. |
| (2) | "Construction works of a scale at least equivalent to that prescribed by Presidential Decree" in Article 50 (2) of the Act means construction works with a total construction cost exceeding ten billion won: Provided, That excluded herefrom shall be simple and repetitive construction works prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 83 (Standards and Procedures for Evaluating Construction Technology Services and Construction Works) |
| (1) | A contracting authority shall evaluate the performance of the construction technology service project pursuant to Article 50 (1) of the Act (hereinafter referred to as "evaluation of services") based on the evaluation standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport at the following relevant time: Provided, That in cases falling under subparagraph 3, if the period for the relevant construction project management exceeds four years, it may evaluate the services every three years after commencing the relevant services; and may incorporate the result thereof into the result of final evaluation of services to be conducted after completing the relevant construction works: <Amended by Presidential Decree No. 26894, Jan. 12, 2016> |
| 1. | Basic design: From completion of the working design for the relevant basic design, to the end of February of the following year; |
| 2. | Working design: Within six months from commencement of the relevant construction works; |
| 3. | Construction project management including exercising delegated supervisory authority: From the time the relevant construction works have progressed to at least 90 percent, to 60 days after completion of the relevant construction work |
| (2) | A contracting authority shall evaluate whether construction works are appropriately executed pursuant to Article 50 (2) of the Act (hereinafter referred to as "evaluation of construction") during the period from the time the relevant construction works (in cases of construction works requiring multi-period expenditure or executed under a continuous long-term contract, referring to the whole construction works) progress to at least 90 percent to the 60th day after completing the relevant construction works: Provided, That if deemed necessary, the contracting authority may evaluate construction before the relevant construction works progress to 90 percent; and may incorporate the outcomes thereof into the outcomes of the final evaluation of construction within the limit of 50 percent. <Amended by Presidential Decree No. 26894, Jan. 12, 2016> |
| (3) | Services or construction works shall be evaluated by at least five related public officials (including employees of the contracting authority) and experts designated by the contracting authority. |
| (4) | Except as otherwise expressly provided for in paragraphs (1) through (3), necessary matters concerning the detailed standards for evaluating services and construction works shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 84 (Standards and Procedures for Comprehensive Evaluations) |
| (1) | Construction technology services and construction works shall be comprehensively evaluated by the Minister of Land, Infrastructure and Transport pursuant to Article 50 (4) of the Act, based upon the following matters: |
| 1. | Defects of the construction works, and accidents which occurred while executing the construction works; |
| 3. | Actual investment in technology development. |
| (2) | If deemed necessary for comprehensive evaluations, the Minister of Land, Infrastructure and Transport may require employees under his/her jurisdiction to verify or examine the outcomes of construction technology services or construction works. |
| (3) | The Minister of Land, Infrastructure and Transport may post the outcomes of comprehensive evaluations on the Ministry’s website, etc. |
| (4) | The detailed standards for and methods of comprehensive evaluations and other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 85 (Designating Exemplary Construction Technology Service Providers, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport shall designate exemplary construction technology service providers, constructors, or construction engineers (hereinafter referred to as "exemplary construction technology service providers, etc.") pursuant to Article 51 (1) of the Act from among the following persons, according to the criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| 1. | A person never subject to a disposition for de-registration or suspension of business under Article 31 of the Act or a penalty surcharge under Article 32 of the Act for the last three years (limited to where exemplary construction technology service providers are designated; and a person subject to suspended execution of such disposition under the Administrative Litigation Act or the Administrative Appeals Act shall not be designated as an exemplary construction technology service provider); |
| 5. | A person never subject to a disposition for suspension of services under Article 24 (1) of the Act for the last three years (limited to where exemplary construction engineers are designated). |
| (2) | The term of validity of the designation of an exemplary construction technology service providers, etc. shall be one year from the date of designation. |
| (3) | Upon designating exemplary construction technology service providers, etc. under Article 51 (1) of the Act or de-designating exemplary construction technology service providers, etc. under Article 51 (3) of the Act, the Minister of Land, Infrastructure and Transport shall post the following matters on the Ministry’s website, etc.: |
| 1. | Current designation of exemplary construction technology service providers, etc. (their business names, license numbers, representatives and locations); |
| 2. | Date of designation and term of validity; |
| 4. | Grounds for revocation (limited to cases of revocation). |
| Article 86 (Ex-Post Evaluation of Construction Works) |
| (1) | "Construction works prescribed by Presidential Decree" in Article 52 (1) of the Act means construction works with a total construction cost exceeding 30 billion won: Provided, That excluded herefrom shall be construction works determined and publicly notified by the Minister of Land, Infrastructure and Transport as not requiring preparation of an ex-post evaluation sheet under Article 52 (1) of the Act (hereinafter referred to as "ex-post evaluation sheet") considering the characteristics of the construction works. |
| (2) | In preparing an ex-post evaluation sheet, a contracting authority shall examine and analyze the following matters based on the evaluation of services, the evaluation of construction, and the report on completion of construction works referred to in Article 78 (1): Provided, That in cases of construction works with a total construction cost not exceeding 50 billion won, matters prescribed in subparagraphs 2 and 4 shall be excluded: |
| 1. | Comparison and analysis of the estimated construction cost and construction period and the actual construction cost and construction period; |
| 2. | Comparison and analysis of the anticipated demand and effect as at the time the construction works were planned; and the actual demand and effect of the construction works after completing the construction works; |
| 3. | Problems of the relevant construction works and improvement measures; |
| 4. | Residents' response and users' satisfaction; |
| 5. | Other matters the contracting authority deems necessary for evaluation. |
| (3) | Members of an ex-post evaluation committee shall be appointed or commissioned by a contracting authority from among the following persons: |
| 1. | Members of the Central Deliberative Committee, the local deliberative committee, the Special Deliberative Committee, or the ex-post evaluation committee of another contracting authority; |
| 2. | Persons recommended by related non-governmental organizations; |
| 3. | Experts in the relevant field. |
| (4) | An ex-post evaluation committee shall deliberate on the following matters: |
| 1. | Matters concerning the results of examination and analysis pursuant to paragraph (2); |
| 2. | Matters concerning the objective and transparency evaluation index and measuring methods necessary for examination and analysis pursuant to paragraph (2); |
| 3. | Other matters requested by the contracting authority relating to the appropriateness of the ex-post evaluation sheet. |
| (5) | Except as otherwise expressly provided for in paragraphs (3) and (4), matters necessary for establishing, operating etc. an ex-post evaluation committee shall be determined by a contracting authority. |
| (6) | Except as otherwise expressly provided for in paragraphs (2) through (4), necessary matters concerning the timing, contents, methods, etc. of an ex-post evaluation based on the type, scale, etc. of construction works shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (7) | The Minister of Land, Infrastructure and Transport may accumulate and analyze ex-post evaluation sheets; and may determine and publicly notify the standard period and standard cost required for each execution process of construction works. |
SECTION 2 Quality and Safety Management, etc. of Construction Works
| Article 87 (Imposition of Demerit Points According to Measurement of Defects in Construction Works, etc.) |
| (1) | Deleted. <by Presidential Decree No. 29918, Jun. 25, 2019> |
| (2) | Where a contract for construction technology services, architectural design (referring to design defined in subparagraph 3 of Article 2 of the Certified Architects Act), the total service cost of which is not less than 150 million won), construction supervision (referring to construction supervision defined in subparagraph 4 of Article 2 of the Certified Architects Act) or construction works is jointly awarded, demerit points shall be imposed as follows: <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | In cases of a joint venture subcontract: To be imposed on all members who jointly perform the works or services, according to the investment ratio specified in the joint venture agreement: Provided, That where the person liable for defects in the construction works has been clearly identified, they shall be imposed only on the relevant member; |
| 2. | In cases of a partnership subcontract: To be imposed on each partner. |
| (3) | When the Minister of Land, Infrastructure and Transport, the head of a contracting authority or the head of an authorizing or permitting agency has measured the degree of defects in construction technology services, etc.; or has imposed demerit points pursuant to Article 53 (1) of the Act, he/she shall manage them as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and shall notify an institution to which the comprehensive management of demerit points is outsourced pursuant to Article 117 (1). |
| (4) | An institution in receipt of the result of imposing demerit points under paragraph (3) shall manage demerit points of each person by cumulating them; and if requested by the contracting authority, shall notify the details thereof, or make them available, to the contracting authority through an information and communications networks. |
| (5) | Standards for measuring the degree of defects; details of disadvantages; persons subject to disclosure of their demerit point; methods, timing, procedures for disclosing demerit points; and disclosure management, etc. under Article 53 (1) and (2) of the Act shall meet the standards for managing demerit points specified in attached Table 8. |
| Article 88 (Inspecting, etc. Construction Sites, etc.) |
| (1) | "Construction works prescribed by Presidential Decree" in Article 54 (1) of the Act means: <Amended by Presidential Decree No. 26894, Jan. 12, 2016; Presidential Decree No. 28555, Jan. 16, 2018> |
| 3. | Construction works, the inspection of which is requested by the head of an authorizing or permitting agency if a specific civil complaint has been filed regarding defects; or if deemed necessary to prevent, etc. accidents; |
| 4. | Any other construction works to be inspected by the Minister of Land, Infrastructure and Transport, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), or a contracting authority, if a specific civil complaint has been filed regarding defects, or if deemed necessary to prevent, etc. accidents. |
| (2) | Construction works, the sites, etc. of which can be inspected by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or a contracting authority pursuant to Article 54 (1) of the Act shall be limited to the construction works for which he/she or it has awarded contracts or granted permission. <Amended by Presidential Decree No. 26894, Jan. 12, 2016> |
| (3) | Where the Minister of Land, Infrastructure and Transport, the Special Self-Governing Province, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or a contracting authority has found any defect in the course of inspecting construction site, etc. pursuant to Article 54 of the Act, he/she or it may order a person referred to in Article 53 (1) of the Act to take the following measures: Provided, That this shall not apply where an entrusted institution prescribed in Article 153 of the Enforcement Decree of the Nuclear Safety Act, orders to rectify or cure defects after inspecting the construction site of a nuclear facility: <Amended by Presidential Decree No. 26894, Jan. 12, 2016> |
| 1. | Suspending the construction works for a prescribed period where the defect is deemed to compromise the structural safety of the relevant facility; |
| 2. | Verifying whether the criteria specified in design documents are satisfied; and taking corrective measures based thereon; |
| 3. | Installing a sign board prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport at the entrance of the construction work site. |
| (4) | The sign board referred to in paragraph (3) 3 shall continue to be installed until corrective measures, etc. are completed; and no person may damage the sign board. |
| Article 89 (Construction Works Requiring Quality Management Plan, etc.) |
| (1) | Construction works requiring a quality management plan under Article 55 (1) of the Act (hereinafter referred to as "quality management plan") shall be any of the following construction works: <Amended by Presidential Decree No. 25716, Nov. 11, 2014> |
| 1. | Construction works subject to construction project management including exercising delegated supervisory authority, with a total construction cost exceeding 50 billion won (including Government-furnished materials, but excluding compensation for acquiring and using land, etc.; hereinafter the same shall apply); |
| 3. | Construction works requiring the contract including a quality management plan. |
| (2) | Construction works requiring a quality testing plan under Article 55 (1) of the Act (hereinafter referred to as "quality testing plan") shall be any of the following construction works, except those requiring a quality management plan under paragraph (1). In such cases, the details to be included in a quality testing plan shall be as specified in attached Table 9: |
| 1. | Civil engineering works with a total construction cost exceeding 500 million won; |
| 2. | Construction works for a building with a total floor area exceeding 660 square meters; |
| 3. | Specialized construction works with a total construction cost exceeding 200 million won. |
| (3) | Notwithstanding paragraphs (1) and (2), a constructor and a registered housing constructor need not formulate a quality management plan or quality testing plan for construction works for nuclear facilities or construction works prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for which such plan is deemed unnecessary due to its nature: Provided, That a quality management plan or quality testing plan shall be formulated if the design documents of construction works are required to include such plan. |
| (4) | A quality management plan shall conform to the standards determined and publicly notified the Minister of Land, Infrastructure and Transport according to KS Q ISO 9001, etc. which are the Korea Industrial Standards under Article 12 of the Industrial Standardization Act (hereinafter referred to as the "Korea Industrial Standards"). |
| Article 90 (Procedures for Formulating Quality Management Plans, etc.) |
| (1) | Where a constructor or registered housing constructor formulates a quality management plan or quality testing plan; and submits it to the person who has awarded the contract for the construction works (hereafter referred to in this Section, as "person who has awarded a contract"), it shall be pre-examined and pre-verified by the construction supervisor or construction project management engineer (including a person who provides consulting engineering services for the construction works pursuant to Article 25 of the building Act or Articles 43 and 44 of the Housing Act); and approved by the person who has awarded the contract before commencing the construction works (Preparation for construction works, such as clearing the construction site and installing a temporary office, shall not be deemed commencement of the construction works; hereafter the same shall apply in Article 98 (2)). The same shall also apply to amending a quality management plan or quality testing plan. <Amended by Presidential Decree No. 26382, Jul. 6, 2015; Presidential Decree No. 27444, Aug. 11, 2016; Presidential Decree No. 29360, Dec. 11, 2018> |
| (2) | Where a person who has awarded a contract or the head of an authorizing or permitting agency in receipt of a quality management plan or quality testing plan under Article 55 (1) of the Act finds any insufficient matter in the course of examining the quality management plan or quality testing plan, he/she shall require the constructor or registered housing constructor to cure the insufficient matter. |
| Article 91 (Quality Tests and Inspections) |
| (1) | A quality test and inspection under Article 55 (2) of the Act (hereinafter referred to as "quality inspection, etc.) shall be conducted pursuant to the Korea Industrial Standards; construction standards; and the standards for quality inspections for construction works determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 25938, Dec. 30, 2014> |
| (2) | Notwithstanding paragraph (1), a constructor or a registered housing constructor may omit a quality inspection of the following materials: Provided, That this shall not apply where the person who has awarded a contract deems it necessary to conduct a quality inspection because the quality of the material is likely to change due to the passage of time, relocation, etc.: |
| 1. | A material for which a test report issued by a national or public testing institution or a construction technology service provider to which quality tests are outsourced pursuant to Article 60 (1) of the Act is submitted. In such cases, a material (including materials and members; hereinafter the same shall apply) for which a test report is to be submitted shall be limited to the one tested after being sealed or verified by the person who has awarded the contract or the construction project management service provider; |
| 2. | A product certified by the Korea Industrial Standards; |
| 3. | A material, the quality of which has been inspected or certified under relevant statutes, such as the Housing Act. |
| (3) | The standards for facilities and placing construction engineers for quality management of construction works that a constructor or registered housing constructor who conducts quality tests and inspections pursuant to Article 55 (2) of the Act is required to satisfy, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| Article 92 (Providing Guidance on and Supervising, etc. Quality Management) |
| (1) | A person who has awarded a contract shall indicate in detail, in design documents, the types of construction works and materials for which a constructor or a registered housing constructor shall conduct quality inspections. |
| (2) | A person who has awarded a contract may verify whether a constructor or registered housing constructor is appropriately performing the quality management of the construction works and materials used in compliance with the quality management plan or quality testing plan formulated by him/her: Provided, That such quality management need not be verified separately, if the appropriateness thereof has been certified pursuant to Article 55 (3) of the Act. |
| (3) | Where a person who has awarded a contract intends to verify whether quality management is appropriate pursuant to paragraph (2), he/she shall allow the constructor or registered housing constructor to participate in verificaion. |
| (4) | Where any rectification is found necessary during verification under paragraph (2), the person who has awarded the contract may request the relevant constructor or registered housing constructor to make such improvement. In such cases, the constructor or registered housing constructor in receipt of a request for rectification shall comply with such request without delay; and shall notify the person who has awarded the contract of the outcomes thereof. |
| (5) | A person who has awarded a contract may outsource verification under paragraph (2) to a national or public testing institution or a construction technology service provider to which quality inspections are outsourced under Article 60 (1) of the Act. |
| Article 93 (Managing, etc. Results of Quality Tests or Inspections) |
| (1) | When a constructor or a registered housing constructor completes a quality inspection, he/she shall prepare an all-inclusive table of the results of quality tests or inspections as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and shall submit it to the person who has awarded the contract at the time he/she applies for an inspection of the completed part, preliminary pre-use inspection, or pre-use inspection of the relevant construction works. |
| (2) | A person who conducts an inspection of completed parts; preliminary pre-use inspection; or pre-use inspection; of construction works shall examine the all-inclusive table of the results of quality tests or inspections. |
| (3) | When construction works for Class-I or Class-II establishments defined in subparagraphs 1 and 2 of Article 7 of the Special Act on the Safety Control and Maintenance of Establishments are completed, the person who has awarded the contract for the relevant construction works shall transfer the all-inclusive table of the results of quality tests or inspections to the managing authority defined in subparagraph 4 of Article 2 of the same Act (hereinafter referred to as "managing authority"). <Amended by Presidential Decree No. 28555, Jan. 16, 2018> |
| (4) | A person who has awarded a contract (where an all-inclusive table of the results of quality tests or inspections has been transferred to the managing authority pursuant to paragraph (3), referring to the managing authority) shall preserve the all-inclusive table of the results of quality tests or inspections until the end of the useful life of relevant establishments. |
| Article 94 (Verifying Quality Management) |
| (1) | "Agencies prescribed by Presidential Decree" in Article 55 (3) of the Act means: <Amended by Presidential Decree No. 28947, Jun. 8, 2018> |
| 1. | Public corporations and quasi-government agencies under the control or supervision of the Minister of Land, Infrastructure and Transport; |
| 8. | The Korea Electric Power Corporation established under the Korea Electric Power Corporation Act and electric power companies invested and established by the Korea Electric Power Corporation; |
| (2) | A person who verifies whether quality management is appropriate pursuant to Article 55 (3) of the Act shall take necessary measures based on the outcomes of the verification. |
| (3) | Methods, etc. of verifying the appropriateness of quality management pursuant to Article 55 (3) of the Act shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 95 (Scope of Construction Materials and Members) |
| 5. | Reinforcing steel, H-beams, and steel plate for construction with a thickness of at least six millimeters: Provided, That excluded herefrom shall be those for temporary facilities; |
| 2. | Where a manufacturer of ready-mixed concrete or asphalt concrete intends to use the construction materials prescribed in paragraph (1) 3, 4 or 6, construction works referred to in subparagraph 1, which a constructor or registered housing constructor intends to execute, with a total designed quantity exceeding 1,000 cubic meters of ready-mixed concrete or at least 2,000 tons of asphalt concrete. |
| 1. | Construction materials and members of at least the standard specified by the Korea Industrial Standards or in conformity with the specifications of the relevant construction works through a quality inspection conducted by a national or public testing institution or a construction technology service provider to which quality inspections are outsourced pursuant to Article 60 (1) of the Act, at the request of the constructor, registered housing constructor, or the manufacturer of ready-mixed concrete or asphalt concrete; |
| 2. | Construction materials and members of at least the standard specified by the Korea Industrial Standards or in conformity with the specifications of the relevant construction works through a quality inspection under the observation of the construction project management service provider of the relevant construction works or the construction supervisor under Article 49 of the Act; |
| Article 96 (Factories Subject to Certification, and Standards and Procedures for Factory Certification) |
| (1) | Factories fabricating steel structures (hereinafter referred to as "steel structure factory") subject to certification by grade under Article 58 (1) of the Act (hereinafter referred to as “factory certification") shall be the factories that fabricate steel structures and supply them to construction sites. |
| (2) | A person who intends to obtain a factory certification shall submit an application for factory certification for any of the following fields to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| (3) | Factory certification shall be classified into Grades I, II, III and IV. |
| (4) | The standards for factory certification shall be as specified in attached Table 10. |
| (5) | Detailed standards and procedures for factory certification shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (6) | Upon certifying factories, the Minister of Land, Infrastructure and Transport shall publish such fact in the Official Gazette; and shall issue a factory certificate to the applicant as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (7) | To verify whether a person who has obtained factory certification continuously fulfills the standards for factory certification under paragraph (4), the Minister of Land, Infrastructure and Transport shall investigate the operational status and ex post facto management status of the steel structure factory periodically each year; and shall post the outcomes thereof on the website of the Ministry of Land, Infrastructure and Transport or the Official Gazette within two months from the date the investigation is completed. <Amended by Presidential Decree No. 27176, May 17, 2016> |
| (8) | A person who has acquired a steel structure factory or has relocated it to another area shall report such fact to the Minister of Land, Infrastructure and Transport within three months from the date of acquisition or relocation of the factory; and the Minister of Land, Infrastructure and Transport in receipt of such report shall investigate the operational status and ex post facto management status of the steel structure factory to verify whether the relevant factory continuously fulfills the standards for factory certification. |
| Article 97 (Outsourcing, etc. Quality Inspections) |
| (1) | "National or public testing institution prescribed by Presidential Decree" in Article 60 (1) of the Act means: <Amended by Presidential Decree No. 25985, Jan. 6, 2015> |
| 1. | A Regional Construction and Management Administration; |
| 2. | A Regional Small and Medium Business Administration (SMBA); |
| 3. | The Korean Agency for Technology and Standards; |
| 4. | A testing laboratory or establishment of a City/Do in the field of construction test; |
| 5. | The Defense Installations Agency; |
| 6. | The Quality Management Office of the Public Procurement Service; |
| 7. | A Regional Office of Oceans and Fisheries; |
| 8. | A construction test-related research institute established by a national or public university or college. |
| (2) | A national or public testing institution or a construction technology service provider to whom quality inspections are outsourced pursuant to Article 60 (1) of the Act shall submit the following information to the Minister of Land, Infrastructure and Transport by not later than January 31 each year: |
| 1. | Status of equipment and technical personnel used for quality inspections; |
| 2. | Status of the fields in which it has obtained accreditation as a laboratory under Article 16 of the Enforcement Decree of the Framework Act on National Standards; |
| 4. | Performance records on quality inspections outsourced in the previous year. |
| (3) | No constructor or registered housing constructor shall designate his/her affiliate as a construction technology service provider to whom quality inspections are outsourced. |
| Article 98 (Formulating Safety Management Plans) |
| (1) | Construction works requiring a safety management plan under Article 62 (1) of the Act (hereinafter referred to as "safety management plan") shall be as follows. In such cases, construction works for nuclear facilities shall be excluded herefrom; and if the relevant construction works require a harm and danger prevention plan pursuant to Article 48 of the Occupational Safety and Health Act, the relevant plan and a safety management plan may be prepared in integration: <Amended by Presidential Decree No. 26894, Jan. 12, 2016; Presidential Decree No. 27176, May 17, 2016; Presidential Decree No. 27444, Aug. 11, 2016; Presidential Decree No. 28555, Jan. 16, 2018> |
| 2. | Construction works for excavating at least ten meters underground. In such cases, the part excavated for collecting wells, elevator pits and septic tanks shall be excluded herefrom, and the method of calculating an excavation depth for uneven land shall be governed by Article 119 (2) of the Enforcement Decree of the Building Act; |
| 3. | Construction works using explosives which are expected to affect any facility within 20 meters or livestock within 100 meters; |
| 4. | Construction works for a building with at least ten but less than 16 stories; |
| 4-2. | The following remodeling or dismantling works: |
| (a) | Remodeling or dismantling a building with at least 10 stories; |
| (a) | A boring machine (limited to a boring machine with a height of at least ten meters); |
| (b) | A pile driver and a pile extractor; |
| 5-2. | Construction works that use any temporary structure prescribed in Article 101-2 (1); |
| 6. | Any of the following construction works, other than those prescribed in subparagraphs 1 through 4, 4-2, 5 and 5-2: |
| (a) | Construction works deemed particularly requiring safety management by the person who has awarded the contract; |
| (b) | Construction works deemed particularly requiring safety management by the head of an authorizing or permitting agency, among the construction works prescribed by municipal ordinance of the relevant local government. |
| (2) | Where a constructor or registered housing constructor formulates a safety management plan and submits it to the contracting authority or the head of an authorizing or permitting agency pursuant to Article 62 (1) of the Act, he/she shall request the construction supervisor or construction project management engineer to pre-examine or pre-confirm the safety management plan; and shall submit it to the contracting authority or the head of the authorizing or permitting agency before commencing the relevant construction works. The same shall also apply to amending the safety management plan. <Amended by Presidential Decree No. 26382, Jul. 6, 2015; Presidential Decree No. 26894, Jan. 12, 2016; Presidential Decree No. 29360, Dec. 11, 2018> |
| (3) | Upon receipt of a safety management plan pursuant to Article 62 (1) of the Act, a contracting authority or the head of an authorizing or permitting agency shall examine the safety management plan and shall notify the findings thereof to the constructor or registered housing constructor within 20 days from the date on which the safety management plan was submitted. <Amended by Presidential Decree No. 26894, Jan. 12, 2016; Presidential Decree No. 29918, Jun. 25, 2019> |
| (4) | Where a contracting authority or the head of an authorizing or permitting agency examines a safety management plan pursuant to paragraph (3), he/she or it may request a construction safety inspection institution referred to in Article 100 (2) to examine the safety management plan: Provided, That in cases of construction works for Class-I or Class-II establishments defined in subparagraphs 1 or 2 of Article 7 of the Special Act on the Safety Control and Maintenance of Establishments, he/she or it shall request the Korea Infrastructure Safety Corporation to examine the safety management plan. <Amended by Presidential Decree No. 26894, Jan. 12, 2016; Presidential Decree No. 28555, Jan. 16, 2018> |
| (5) | A contracting authority or the head of an authorizing or permitting agency shall issue a written approval (in the case of subparagraph 2, including reasons why an amendment is required) to the constructor or registered housing constructor after determining the findings of examination of a safety management plan under paragraph (3) as follows: <Amended by Presidential Decree No. 26894, Jan. 12, 2016; Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | Adequate: When safety measures are specifically and clearly formulated, and safety in executing the construction works is deemed sufficiently ensured; |
| 2. | Conditionally adequate: When the plan does not critically affect the safety, but is deemed to require partial supplementation; |
| 3. | Inadequate: When the plan is likely to cause an accident during construction or when the plan is deemed to have a fundamental defect. |
| (6) | Where a safety management plan submitted by a constructor or registered housing constructor is determined inadequate pursuant to paragraph (5) 3, the contracting authority or the head of an authorizing or permitting agency shall take necessary measures, such as amending the safety management plan. <Amended by Presidential Decree No. 26894, Jan. 12, 2016> |
| (7) | A contracting authority or the head of an authorizing or permitting agency shall submit a copy of a safety management plan under Article 62 (3) of the Act and the findings of examination to the Minister of Land, Infrastructure and Transport within seven days from the date on which the constructor or registered housing constructor is notified thereof pursuant to paragraph (3). <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| (8) | Where a safety management plan submitted pursuant to Article 62 (3) of the Act and the findings of examination of such plan fall under any of the following, and any hazard is likely to be caused to safety in construction, the Minister of Land, Infrastructure and Transport may examine the adequacy of the safety management plan and the findings of examination of the plan: <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | Where it is found that the constructor or registered housing constructor has not made sincere efforts to formulate the safety management plan; |
| 2. | Where it is found that the contracting authority or the head of the authorizing or permitting agency has not made sincere efforts to examine the safety management plan; |
| 3. | Where the case meets other criteria determined and publicly notified by the Minister of Land, Infrastructure and Transport with regard to safety management plans for construction works involving types of work frequently incurring safety accidents, findings of examination of such plans, etc. |
| (9) | Upon receipt of a request to issue an order for correction or to take other necessary measures pursuant to Article 62 (10) of the Act, a contracting authority of the head of an authorizing or permitting agency shall order the constructor or registered housing constructor to modify or amend the safety management plan with regard to the findings of examination of the plan and shall submit a report on measures taken for correction or amendment to the Minister of Land, Infrastructure and Transport within seven days after such measures for correction or amendment are completed. <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| (10) | Detailed procedures and methods for examination of the adequacy of safety management plans and the findings of examination of such plans and for necessary measures therefor shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| Article 99 (Standards for Formulating Safety Management Plans) |
| (1) | The standards for formulating a safety management plan under Article 62 (6) of the Act shall include the following matters: <Amended by Presidential Decree No. 26894, Jan. 12, 2016; Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | Outline of the construction works and safety management organization; |
| 2. | Safety inspection plan for each construction phase (including a plan for installing and operating safety monitoring equipment, such as measuring equipment and closed-circuit televisions); |
| 3. | Safety management measures for an area surrounding the construction site (including measures to prevent damage to surrounding areas due to blasting, vibration, noise, or blocking of groundwater during construction and measurement plans for detecting signs of danger caused by excavation work); |
| 4. | Plans for installing traffic safety facilities and traffic communications; |
| 5. | Plan for reimbursing safety management expenses; |
| 6. | Plans for safety education and emergency measures to be taken in emergency; |
| 7. | Safety management plans for each type of construction (including construction method and construction procedure for each facility subject to safety management). |
| (2) | Detailed matters concerning the standards for formulating a safety management plan pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 100 (Timing, Methods, etc. of Safety Inspections) |
| (1) | A constructor or registered housing constructor shall conduct daily self-safety inspections during the construction period; and shall request an institution prescribed in paragraph (2) to conduct regular safety inspections, precise safety inspections, etc. pursuant to the following standards: |
| 1. | A regular safety inspection shall be conducted according to the timing and number of times determined and publicly notified by the Minister of Land, Infrastructure and Transport based upon the type, scale, etc. of the construction works; |
| 2. | A precise safety inspection shall be conducted, if necessary to take measures, such as repair or reinforcement, where any physical or functional defect of the construction works is found through a regular safety inspection; |
| 3. | For any construction works falling under Article 98 (1) 1, a safety inspection at least equivalent to a regular safety inspection referred to in subparagraph 1 shall be conducted immediately before completion (including temporary use) of the construction works; |
| 4. | For any construction works falling under Article 98 (1) which have been suspended for at least one year, a safety inspection equivalent to a regular safety inspection referred to in subparagraph 1 shall be conducted on the facilities abandoned due to such suspension before recommencing the construction works. |
| (2) | Institutions that may conduct regular safety inspections, precise safety inspections, etc. classified under paragraph (1) at the request of constructors or registered housing constructors (hereinafter referred to as "construction safety inspection institutions") shall be as follows: Provided, That if such institution is a person who has awarded the contract for the relevant construction works, it may conduct only regular safety inspections: <Amended by Presidential Decree No. 28555, Jan. 16, 2018> |
| 2. | The Korea Infrastructure Safety Corporation. |
| (3) | A constructor or registered housing constructor shall request the construction safety inspection institution designated by the contracting authority (if the person who has awarded the contract is not the contracting authority, referring to the head of the authorizing or permitting agency) to conduct a regular safety inspection, precise safety inspection in accordance with the procedures determined and publicly notified by the Minister of Land, Infrastructure and Transport. In such cases, neither a constructor nor a registered housing constructor shall request such inspection to a construction safety inspection institution which is an affiliate of the person who has awarded the contract for the construction works or the person who has provided services for design, construction, supervision, or construction project management of the construction works. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| (4) | A construction safety inspection institution which has conducted a safety inspection shall notify the result of the safety inspection to the person who has awarded the contract, the head of the relevant authorizing or permitting agency (applicable only where the person who has awarded the contract is not the contracting authority), the constructor or the registered housing constructor, within 30 days after completion of the safety inspection. In such cases, the person who has awarded the contract or the head of the authorizing or permitting agency in receipt of the result of the inspection may request the constructor or registered housing constructor to take necessary measures, such as repair or reinforcement. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| (5) | Upon receipt of the result of a safety inspection under paragraph (4), a constructor or registered housing constructor shall submit the result of the safety inspection to the Minister of Land, Infrastructure and Transport within 15 days from the date on which the constructor or registered housing constructor was notified of the result. <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| (6) | A person eligible to conduct regular safety inspections, precise safety inspections, etc. specified in paragraph (1) (hereinafter referred to as "engineer responsible for safety inspection") shall be a person who has completed safety inspection education or precise safety diagnosis education in the field of the relevant technology recognized by the Minister of Land, Infrastructure and Transport under Article 9 of the Enforcement Decree of the Special Act on the Safety Control and Maintenance of Establishments among principal grade engineers in the relevant field specified in attached Table 2. In such cases, an engineer responsible for safety inspection may cause a person meeting the qualification requirements prescribed in the column for classification of technical personnel of attached Table 11 of the Enforcement Decree of the Special Act on the Safety Control and Maintenance of Establishments, to conduct safety inspections under his/her supervision. <Amended by Presidential Decree No. 28555, Jan. 16, 2018; Presidential Decree No. 29360, Dec. 11, 2018; Presidential Decree No. 29918, Jun. 25, 2019> |
| (7) | Detailed matters concerning regular safety inspections and precise safety inspections under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| (8) | Remuneration for a safety inspection under Article 62 (6) of the Act shall be the aggregate amount of the following expenses: <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | Direct labor costs: Salaries, allowances, etc. of safety inspectors; |
| 2. | Direct expenses: Travel expenses, motor vehicle operation expenses, etc. necessary for conducting safety inspections; |
| 3. | Indirect expenses: Various expenses not included in direct labor costs and direct expenses; |
| 5. | Other expenses required for safety inspections, such as expenses for various examinations and tests. |
| (9) | The detailed standards for calculating remuneration for safety inspections under paragraph (8) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport based upon the types and scales of construction works, etc. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| Article 100-2 (Objects of Safety Inspections and Method for Designating Inspection Agencies) |
| (1) | "Safety inspections prescribed by Presidential Decree" in the latter part of Article 62 (4) of the Act means safety inspections conducted in accordance with the standards prescribed in Article 100 (1). |
| (2) | The person who has awarded a contract (if the person is not a contracting authority, referring to the head of an authorizing or permitting agency) shall prepare and maintain a list of agencies who shall conduct safety inspections pursuant to the latter part of Article 62 (4) of the Act (hereinafter referred to as "safety inspection agencies") by giving public notice of inviting construction safety inspection institution under Article 100 (2) to designate them as safety inspection agencies |
| (3) | When a constructor or registered housing constructor intends to conduct a safety inspection pursuant to the latter part of Article 62 (4) the Act, he/she shall request the person who has awarded the contract to designate a safety inspection agency. |
| (4) | Upon receipt of a request to designate a safety inspection agency pursuant to paragraph (3), the person who has awarded a contract shall designate a safety inspection agency from the list prepared and maintained pursuant to paragraph (2) and shall notify the constructor or registered housing constructor of the safety inspection agency. |
| (5) | Except as provided in paragraphs (2) through (4), details of the methods and procedures for public notification of inviting safety inspection agencies and for designation of safety inspection agencies shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019]
| Article 100-3 (Examination of Adequacy of Findings of Safety Inspections) |
| (1) | Where the findings of a safety inspection submitted pursuant to Article 62 (5) of the Act fall under either of the following, and it is found that a safety accident is likely to occur, the Minister of Land, Infrastructure and Transport may examine the adequacy of the findings of the safety inspection pursuant to Article 62 (10) of the Act: |
| 1. | Where it is found that the safety inspection agency has not made sincere efforts to conduct the safety inspection; |
| 2. | Where the case meets other criteria determined and publicly notified by the Minister of Land, Infrastructure and Transport with regard to findings of a safety inspection on construction works involving types of work frequently incurring safety accidents, etc. |
| (2) | The following matters shall be included in the matters subject to examination of the adequacy of findings of a safety inspection under Article 62 (10) of the Act: |
| 1. | Methods for investigating and analyzing temporary facilities, temporary construction methods, objects of construction works and surroundings of the construction site and the adequacy of findings from such investigation and analysis; |
| 2. | Adequacy of methods proposed for repair, reinforcement, etc. according to findings of a safety inspection; |
| 3. | Other matters that the Minister of Land, Infrastructure and Transport deems necessary for the safety of the relevant construction works. |
| (3) | Upon receipt of a request to issue an order for correction or to take other necessary measures pursuant to Article 62 (10) of the Act, the contracting authority or the head of the authorizing or permitting agency shall order the constructor and registered housing constructor to make modifications or supplements following the findings of a safety inspection, If the findings of the relevant safety inspection were prepared by a safety inspection agency in such cases, the Minister of Land, Infrastructure and Transport may exclude the safety inspection agency from the list prepared and maintained pursuant to Article 100-2 (2). |
| (4) | Except as provided in paragraphs (1) through (3), details of the objects of examination of the adequacy of findings of a safety inspection, the method of examination, measures to be taken, etc. shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019]
| Article 101 (Preparing, Preserving, etc. Comprehensive Reports on Safety Inspections) |
| (1) | A comprehensive report on safety inspections under Article 62 (7) of the Act (hereinafter referred to as "comprehensive report") shall include the outcomes of safety inspections conducted in accordance with the standards prescribed in Article 100 (1) and measure taken based thereon. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| (2) | A contracting authority or the head of an authorizing or permitting agency in receipt of a comprehensive report under Article 62 (7) of the Act shall submit to the Minister of Land, Infrastructure and Transport the comprehensive report (limited to a comprehensive report on the Class-I or Class-II establishment defined in subparagraph 1 or 2 of Article 7 of the Special Act on the Safety Control and Maintenance of Establishments) within three months after completion of the relevant construction works. <Amended by Presidential Decree No. 28555, Jan. 16, 2018; Presidential Decree No. 29918, Jun. 25, 2019> |
| (3) | Pursuant to Article 62 (9) of the Act, the Minister of Land, Infrastructure and Transport; a contracting authority; and the head of an authorizing or permitting agency shall preserve comprehensive reports received according to the following distinction: <Amended by Presidential Decree No. 28555, Jan. 16, 2018; Presidential Decree No. 29918, Jun. 25, 2019> |
| 2. | A contracting authority and the head of an authorizing or permitting agency shall preserve comprehensive reports other than those referred to in subparagraph 1 until the expiration date of the defect warranty period of the relevant construction works. |
| (4) | If necessary for the safety, maintenance and management of establishments, the managing authority may request the Minister of Land, Infrastructure and Transport to access the relevant comprehensive report or to issue a copy thereof. In such cases, the Minister of Land, Infrastructure and Transport in receipt of such request shall comply therewith, except in extenuating circumstances. |
| (5) | The Minister of Land, Infrastructure and Transport may separately determine the detailed guidelines for preparing, preserving and managing comprehensive reports. |
| Article 101-2 (Confirming Structural Safety of Provisional Structures) |
| (1) | For any of the following provisional structures, a constructor or registered housing constructor shall obtain confirmation of the structural safety pursuant to Article 62 (11) of the Act from a related expert referred to in the same paragraph (hereinafter referred to as "related expert"): <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | Scaffolds with a height of at least 31 meters; |
| 2. | Work plate-integrated forms; or forms and supporting posts with a height of at least five meters; |
| 3. | Tunnel supports or sheathing timbering with a height of at least two meters; |
| 4. | Provisional structures moved electrically; |
| 5. | Other provisional structures the person who has awarded the contract or the head of an authorizing or permitting agency deems necessary. |
| (2) | A related expert shall be a professional engineer registered under the Professional Engineers Act in the field the construction supervisor or construction project management engineer deems suitable for verifying the structural integrity of the relevant provisional structure, among professional engineers in the field of architectural structure, civil engineering structure, or soil mechanics foundation specified in attached Table 2-2 of the Enforcement Decree of the same Act. <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| (3) | A constructor or registered housing constructor shall submit the following documents to the construction supervisor or construction project management engineer before commencing construction works for the provisional structures prescribed in paragraph (1): <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| 2. | Structure estimates on which a related expert writes his/her signature or places his/her name and seal. |
[This Article Newly Inserted by Presidential Decree No. 26382, Jul. 6, 2015]
| Article 101-3 (Standards and Procedures for Evaluating Level of Safety Management of Participants in Construction Works) |
| (1) | In evaluating the level of safety management of participants in construction works (referring to the persons prescribed in Article 62 (13) of the Act; hereinafter the same shall apply) pursuant to Article 62 (14) of the Act (hereinafter referred to as "evaluation of safety management level"), the Minister of Land, Infrastructure and Transport shall confirm to the following relevant standards: |
| 1. | Evaluation standards for the contracting authority or the head of the authorizing or permitting agency: |
| (a) | Securing and supporting safe construction conditions; |
| (b) | Establishing and operating a safety management system; |
| (c) | Complying with legal requirements of a construction site and status of operating a safety management system; |
| (d) | Safety management level of the contractor; |
| (e) | Status of construction accidents; |
| 2. | Evaluation standards for the construction technology service provider, constructor and registered housing constructor: |
| (a) | Establishing and operating a safety management system; |
| (b) | Records on safety management activities performed under related Acts; |
| (c) | Records on voluntary safety management activities; |
| (d) | Identifying and eliminating risk factors of construction accidents; |
| (e) | Status of ex post facto management. |
| (2) | The Minister of Land, Infrastructure and Transport shall verify the construction information registered in the comprehensive management system of construction industry information referred to in Article 24 (3) of the Framework Act on the Construction Industry; shall select the participants in the construction works, the safety management level of which will be evaluated in the following year, by November 30 of each year; and shall notify them of such selection by December 31 of each year. |
| (3) | If deemed necessary for evaluating the safety management level, the Minister of Land, Infrastructure and Transport may require public officials under his/her jurisdiction to inspect a construction site, etc. |
| (4) | The Minister of Land, Infrastructure and Transport may fully or partially post the outcomes of evaluating safety management levels on a website, etc. |
| (5) | Except as otherwise expressly provided for in paragraphs (1) through (5), detailed matters necessary for evaluating the safety management level shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Presidential Decree No. 26894, Jan. 12, 2016]
| Article 101-4 (Establishing and Operating Comprehensive Information Network for Safety Management of Construction Works) |
| (1) | To efficiently establish and share a comprehensive information network for safety management of construction works under Article 62 (15) of the Act (hereinafter referred to as "information network"), the Minister of Land, Infrastructure and Transport may perform the following affairs: <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | Research and development for establishing ad operating the information network and technical support therefor; |
| 2. | Implementing a joint project to establish the information networks; |
| 3. | Standardizing the information networks; |
| 4. | Facilitating sharing information through the information networks; |
| 5. | Other matters necessary for establishing and operating the information networks. |
| (2) | The information necessary for establishing and operation an information network pursuant to Article 62 (15) of the Act is as follows: <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| 2. | Findings of an inspection of a construction project site under Article 54 (2) of the Act and the results of measures taken therefor; |
| 3. | A copy of an safety management plan submitted and approved pursuant to Article 62 (3) of the Act and findings of examination; |
| 6. | Outcomes of the evaluation conducted pursuant to Article 62 (14) of the Act to grade the level of safety management of participants in construction works; |
| 8. | Findings of an investigation of facts reported pursuant to Article 67 (2) of the Act with regard to an accident in a construction site and details and causes reported pursuant to Article 67 (4) of the Act with regard to the accident in the construction site; |
| (9) | Other information determined and publicly notified by the Minister of Land, Infrastructure and Transport as those relating to the safety of construction works. |
| (3) | A person who produces, submits, examines or received the information referred to in paragraph (2) shall use the information network in producing, submitting, examining, approving or notifying such information. <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for establishing and operating an information network shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019> |
[This Article Newly Inserted by Presidential Decree No. 26894, Jan. 12, 2016]
| Article 102 (Organizational Structures, Duties, etc. of Safety Management Organization) |
| (1) | The consultative body specified in Article 64 (1) 4 of the Act (hereafter referred to in this Article, as "consultative body") shall be comprised of the representative of the contractor and the representatives of subcontractors. |
| 1. | Preparing and submitting a safety management plan; |
| 2. | Assigning tasks to, and supervising duties of, persons related to safety management; |
| 3. | Emergency mobilization and taking emergency measures where a safety accident is likely to occur or occurs; |
| 4. | Reimbursing safety management expenses and verifying such reimbursement; |
| 5. | Operating the consultative body; |
| 6. | Supporting facilities, equipment, etc. necessary for safety management; |
| 7. | Conducing self-safety inspections under Article 100 (1) (hereafter referred to in this Article, as "self-safety inspection"), and directing and supervising the measures to be taken based on the results of the inspections; |
| 8. | Directing and supervising safety education referred to in Article 103. |
| 1. | Managing the safety of each construction field; and examining and implementing a safety management plan for each construction field; |
| 2. | Verifying whether various materials, etc. to be used are appropriate; |
| 3. | Verifying whether a self-safety inspection is conducted; and whether measures are taken based on the outcomes thereof; |
| 4. | Reporting accidents which have occurred at the construction site; |
| 6. | Observing and guiding the progress of works. |
| 1. | Assisting in the duties of a sectoral safety manager; |
| 2. | Conducting self-safety inspections; |
| (5) | A consultative body shall hold meetings at least once every month; and shall consult about matters concerning the implementation of a safety management plan, measures against accidents, etc. |
| Article 103 (Safety Education) |
| (2) | The safety education under paragraph (1) shall include understanding of the construction methods of the work of the day, detailed order of construction based on the detailed shop drawings, matters requiring attention in terms of construction technology, etc. |
| (3) | A constructor or registered housing constructor shall record and manage the details of the safety education provided under paragraph (1); and shall submit such records to the contracting authority after completing the construction works, along with related documents. |
| Article 104 (Environmental Management in Construction Works) |
| (1) | "Polices necessary for environment-friendly construction works prescribed by Presidential Decree" in Article 66 (1) 3 of the Act means the policies for the following matters: |
| 1. | Environmental management in construction sites to implement the matters for managing construction works determined under Article 77; |
| 2. | Improving and reinstating environments of construction sites; |
| 3. | Promoting and supporting the environment-friendly construction industry; |
| 4. | Training and managing technical personnel; and establishing and sharing a construction environment information system for environment-friendly construction works; |
| 6. | Other matters publicly notified by the Minister of Land, Infrastructure and Transport as deemed necessary for environment-friendly construction works. |
| (2) | Detailed matters concerning procedures, methods, etc. necessary for environmental management in construction sites under paragraph (1) 1 shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 105 (Investigating Accidents that Occurred at Construction Sites, etc.) |
| (1) | Where a participant in construction works (excluding the person who has awarded the contract) becomes aware of a construction accident, he/she shall notify, pursuant to Article 67 (1) of the Act, the following matters to the contracting authority and the head of an authorizing or permitting agency by telephone, facsimile, or other appropriate means: |
| 1. | Date, time, and place of the accident; |
| 2. | Circumstances of the accident; |
| (2) | No contracting authority and head of an authorizing or permitting agency in receipt of a notice of a construction accident pursuant to paragraph (1) shall disclose the identity of the person who has notified the construction accident against his/her will. |
| (3) | "Serious construction accident prescribed by Presidential Decree" in Article 67 (3) of the Act means any of the following construction accidents occurred at a construction site (excluding any accident which occurred at a construction site for nuclear facilities). In this regard, where a series of accidents have occurred due to the same cause, they shall be construed as a single construction accident: <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| 1. | Where at least three persons have died; |
| 2. | Where at least ten persons have been injured; |
| 3. | Where facilities under construction or completed have collapsed and require reconstruction. |
| (4) | When the Minister of Land, Infrastructure and Transport, the contracting authority, or the head of an authorizing or permitting agency completes an investigation of a serious construction accident referred to in paragraph (3) (hereinafter referred to as "serious construction accident") pursuant to Article 67 (3) and (5) of the Act, he/she or it shall prepare an accident investigation report including the following matters; and shall distribute it to related institutions to be used as a material for preventing similar accidents: |
| 1. | Outline of the accident; |
| 2. | Analysis of the cause of the accident; |
| 3. | Results of measures taken, and follow-up measures; |
| 4. | Other necessary matters related to the accident. |
| (5) | Where deemed necessary for investigating an accident, the Minister of Land, Infrastructure and Transport, a contracting authority, or a construction accident investigation committee may request a constructor, registered housing constructor, etc. to submit related materials. |
| (6) | Except as otherwise expressly provided for in paragraphs (1) through (5), detailed matters necessary for reporting construction accidents and investigating serious construction site accidents shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Wholly Amended by Presidential Decree No. 26894, Jan. 12, 2016]
| Article 106 (Establishing, Operating, etc. Construction Accident Investigation Committee) |
| (1) | A construction accident investigation committee shall be comprised of not more than 12 members including one chairperson. |
| (2) | Members of a construction accident investigation committee shall be appointed or commissioned, from among the following persons, by the Minister of Land, Infrastructure and Transport, a contracting authority and the head of an authorizing or permitting agency that establishes and operates the relevant construction accident investigation committee: |
| 1. | Public officials related to the affairs of construction works; |
| 2. | Executive officers and employees of organizations and research institutes related to the affairs of construction works; |
| 3. | Persons with abundant knowledge and experience in the affairs of construction works. |
| (3) | The term of office of members under paragraph (2) 2 and 3 shall be two years; and the term of office of a member newly commissioned due to the resignation, etc. of a member shall be the remaining term of office of his/her predecessor. |
| (4) | Article 20 shall apply mutatis mutandis to disqualification of, challenge to, or refrainment by, members of a construction accident investigation committee. In such cases, "Central Deliberative Committee, etc." shall be construed as "construction accident investigation committee"; "deliberation and resolution by the relevant committee" as "deliberation and resolution by a construction accident investigation committee”; "agenda" as "accident"; and "deliberation" as "investigation," respectively. |
| (5) | The Minister of Land, Infrastructure and Transport, a contracting authority, the head of an authorizing or permitting agency, or the head of any other related administrative agency in receipt of a recommendation or suggestion from a construction accident investigation committee under Article 68 (2) of the Act, shall notify the outcomes of the measures taken therefor to the Minister of Land, Infrastructure and Transport and the construction accident investigation committee. |
| (6) | Members who have attended a meeting of a construction accident investigation committee may be paid allowances and reimbursed for travel expenses, etc., within budgetary limits: Provided, That this shall not apply where a member who is a public official attends a meeting in direct connection with his/her competent duties. |
| (7) | Except as otherwise expressly provided for in paragraphs (1) through (6), matters necessary for establishing, operating, etc. a construction accident investigation committee shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
CHAPTER VI ORGANIZATIONS AND MUTUAL AID COOPERATIVES OF CONSTRUCTION TECHNOLOGY SERVICE PROVIDERS, ETC.
SECTION 1 Organizations of Construction Technology Service Providers, etc.
| Article 107 (Matters to be Entered in Articles of Association) |
Matters to be included in the articles of association of an organization for construction engineers or an organization for construction technology service providers under Article 69 (1) of the Act (hereinafter referred to as "association") shall be as follows: <Amended by Presidential Decree No. 29360, Dec. 11, 2018> | 3. | Location of its office; |
| 4. | Business of an association and matters concerning executing the same; |
| 5. | Matters concerning qualifications for members, admission and withdrawal of members, and rights and obligations of members; |
| 6. | Matters concerning executive officers; |
| 7. | Matters concerning membership fees; |
| 8. | Matters concerning general meetings; |
| 9. | Matters concerning finance and accounting; |
| 10. | Mattes concerning amending the articles of association; |
| 11. | Matters concerning dissolving and disposing of remaining property; |
| 12. | Other necessary matters. |
SECTION 2 Mutual Aid Cooperatives
| Article 108 (Establishing etc. Mutual Aid Cooperatives) |
| (1) | Matters to be included in the articles of association of a mutual aid cooperative under Article 74 (1) of the Act (hereinafter referred to as "mutual aid cooperative") shall be as follows: |
| 3. | Location of its office; |
| 4. | Value per equity share, and matters concerning paying the same and calculating equity; |
| 5. | Matters concerning qualifications for members and admission and withdrawal of members; |
| 6. | Matters concerning assets and accounting; |
| 7. | Matters concerning general meetings; |
| 8. | Matters concerning executive officers and employees; |
| 9. | Matters concerning guarantees or loans; |
| 10. | Matters concerning its business and executing the business; |
| 11. | Matters concerning amending the articles of association; |
| 12. | Matters concerning dissolving and disposing of remaining property; |
| 13. | Matters concerning public announcement. |
| (2) | To establish a mutual aid cooperative, at least five construction project management service providers qualified as cooperative members shall become the promoters, and an application for authorization shall be filed with the Minister of Land, Infrastructure and Transport, after the articles of association is drafted and adopted at a general meeting with the consent of at least 20 construction project management service providers qualified as cooperative members. |
| (3) | Upon authorizing establishment pursuant to Article 74 (1) of the Act, the Minister of Land, Infrastructure and Transport shall publish such authorization in the Official Gazette. |
| (4) | Promoters shall take charge of necessary affairs until a mutual aid cooperative is established and executive officers are appointed. |
| Article 109 (Registration of Mutual Aid Cooperatives) |
| (1) | Upon obtaining authorization for establishment, the mutual aid cooperative shall register the following matters at the seat of its main office: |
| 4. | Location of its office; |
| 5. | Date of authorization for establishment; |
| 6. | Total amount of investment; |
| 7. | Value per equity share; |
| 8. | Methods of investment; |
| 9. | Matters concerning restrictions on transferring investment certificates; |
| 10. | Names and resident registration numbers of executive officers (in cases of the chief director, including his/her address); |
| 11. | Matters concerning restrictions on power of representation; |
| 12. | Matters concerning agents; |
| 13. | Methods of giving public announcement. |
| (2) | If the matters registered under paragraph (1) are changed, such change shall be registered within three weeks from the date of the change: Provided, That the change of the total amount of investment referred to in paragraph (1) 6 shall be registered as at the last day of each fiscal year after the end of the fiscal year. |
| Article 110 (Investment and Responsibilities of Cooperative Members) |
| (1) | The total amount of investment of a mutual aid cooperative shall be the aggregate of the face values of equity shares invested by its members. |
| (2) | The value per equity share shall be uniform. |
| (3) | A mutual aid cooperative shall issue each of its members investment certificates indicating his/her investment, as prescribed by it articles of association. |
| (4) | Each cooperative member shall have limited liability up to the value of his/her equity shares. |
| Article 111 (Transferring, Acquiring, etc. Shares) |
| (1) | A cooperative member may transfer his/her shares only to other cooperative members or persons who intend to be cooperative members. In such cases, persons who acquire the shares shall succeed to the rights and obligations of the transferor regarding such shares. |
| (2) | Where a former or current cooperative member intends to transfer his/her shares, he/she shall make the entry of the holder's name changed in the register by the mutual aid cooperative, as prescribed by articles of association. |
| (3) | In any of the following cases, a mutual aid cooperative may acquire the shares of a former or current cooperative member: Provided, That in cases falling under subparagraph 1, it shall acquire such shares: |
| 1. | If it intends to reduce the amount of investment; |
| 2. | If it is necessary for the cooperative to acquire such shares to exercise its security right against a cooperative member as a rightful person; |
| 3. | If a cooperative member or a person who has been expelled by or withdrawn from membership in the mutual aid cooperative, requests the cooperative to acquire his/her shares to recover the amount of investment. |
| (4) | When a mutual aid cooperative acquires shares pursuant to paragraph (3), it shall take the following relevant measures without delay: |
| 1. | If the shares are acquired for the reason prescribed in paragraph (3) 1, the amount of investment shall be reduced; |
| 2. | If the shares are acquired for the reason prescribed in paragraph (3) 2 or 3, they shall be transferred to other cooperative members or persons who intend to be cooperative members, but the portion of the amount of investment equivalent to the shares not transferred may be reduced as prescribed by the articles of association. |
| (5) | No shares of any cooperative member may be used for the right of pledge except where they are provided as collateral for the debt to the cooperative. |
| Article 112 (Regulations on Guarantee and Regulations on Mutual Aid) |
| 1. | Scope of guarantee business; |
| 2. | Terms and conditions of a guarantee contract; |
| 5. | Liability reserve to cover guarantee money; |
| 6. | Funds for paying guarantee money; |
| 7. | Other matters necessary for operating guarantee business. |
| 1. | Scope of mutual aid business; |
| 2. | Terms and conditions of a mutual aid contract; |
| 4. | Mutual aid payouts and liability reserve to cover mutual aid payouts; |
| 5. | Other matters necessary for operating mutual aid business. |
| (3) | A mutual aid cooperative shall appropriate and accumulate a liability reserve for its business at the end of the business year specified in its regulations on guarantee and mutual aid. |
| Article 113 (Limit on Guarantees) |
| (1) | The limit on guarantees that a mutual aid cooperative is eligible to provide pursuant to Article 112 (1) 3 shall be up to 40 times the aggregate of the total amount of investment and the reserve: Provided, That, where the amount of guarantee is recoverable from a finance institution, insurance company or any other similar institution under guarantee or insurance provisions or is provided in return for any other collateral, such amount shall be excluded from the limit on guarantees by the mutual aid cooperative. |
| (2) | Where the limit on guarantees is determined pursuant to paragraph (1), the total amount of investment and the reserve shall be calculated based on the settled account as of the end of the previous year of each business year: Provided, That, if any capital increases or any asset is re-evaluated during the business year, the total amount of investment and the reserve shall be based on the amount as at the time the capital increase or asset revaluation was completed. |
| (3) | The limit on each type of guarantees that can be provided to a cooperative member shall be determined by the mutual aid cooperative based upon the accident rate of each type of guarantee, the credit rating of the cooperative member, and other relevant matters. |
| Article 114 (Investigation and Inspection) |
| (1) | The Financial Services Commission may conduct an investigation and inspection under Article 76 (2) of the Act only at the request of the Minister of Land, Infrastructure and Transport specifying the grounds therefor. |
| (2) | Upon conducting an investigation or inspection pursuant to paragraph (1), the Financial Services Commission shall notify the Minister of Land, Infrastructure and Transport of the findings thereof, without delay. In such cases, it may request rectification, if any matter need be rectified. |
| Article 114-2 (Guidance and Supervision) |
| 1. | Adjustment of mutual aid premium rates; |
| 2. | Replacement of executive officers; |
| 3. | Suspension of payment of all or some obligations. |
| (2) | "Period specified by Presidential Decree" in Article 77 (4) of the Act means six months from the date on which it is found obvious that a mutual aid cooperative fails, or will fail, to meet the standards under Article 76 (3) and (4). |
[This Article Newly Inserted by Presidential Decree No. 29918, Jun. 25, 2019]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 115 (Delegation of Authority) |
| (1) | Pursuant to Article 82 (1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate to each Mayor/Do Governor the authority to impose and collect administrative fines on and from the persons referred to in Article 91 (2) 1, 2, 3, 3-2, 4 and 5 and (3) 1 through 4, 14 and 16 of the Act (limited to constructors who have registered a business of executing general construction works and constructors who have registered a business of executing specialized construction works referred to in Article 8 (1) of the Framework Act on the Construction Industry, and construction engineers employed by such constructors). <Amended by Presidential Decree No. 29360, Dec. 11, 2018; Presidential Decree No. 29918, Jun. 25, 2019> |
| (2) | Pursuant to Article 82 (1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate the following authority to the Administrator of each Regional Construction and Management Administration: <Amended by Presidential Decree No. 29360, Dec. 11, 2018; Presidential Decree No. 29918, Jun. 25, 2019> |
| 3. | Inspecting construction sites; taking measures such as a corrective order, etc.; or requesting suspension of business, etc. based on the result of the inspection, under Article 54 (1) of the Act; |
| 4. | Investigating, and issuing a corrective order to, a construction technology service provider to which quality inspections, etc. are outsourced under Article 60 (2) of the Act; |
| 7. | Receiving reports on the status of equipment, technical personnel, etc. used for quality inspections under Article 97 (2). |
| (3) | When a Mayor/Do Governor or the Administrator of a Regional Construction and Management Administration has processed any matter delegated pursuant to paragraphs (1) and (2), he/she shall notify the details thereof to the institution designated and publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 117 (2); and shall report the status of processing it as at December 31 annually to the Minister of Land, Infrastructure and Transport by not later than January 31 of the following year. |
| Article 116 (Entrustment of Authority) |
Pursuant to Article 82 (1) of the Act, the Minister of Land, Infrastructure and Transport shall entrust authority to approve construction standards referred to in Article 44 (2) of the Act over the matters under the jurisdiction of the Ministry of Agriculture, Food and Rural Affairs, to the Minister of Agriculture, Food and Rural Affairs; authority over the matters under the jurisdiction of the Ministry of Environment, to the Minister of Environment; and authority over the matters under the jurisdiction of the Ministry of Oceans and Fisheries, to the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 25938, Dec. 30, 2014>
| Article 117 (Entrustment of Functions) |
| (1) | Pursuant to Article 82 (2) of the Act, the Minister of Land, Infrastructure and Transport shall entrust the following affairs to the agencies designated and publicly notified pursuant to paragraph (2): <Amended by Presidential Decree No. 26894, Jan. 12, 2016; Presidential Decree No. 29360, Dec. 11, 2018; Presidential Decree No. 29918, Jun. 25, 2019> |
| (a) | Receiving applications for designating new technologies under Article 31; |
| (b) | Hearing opinions of interested parties, etc. under Article 32 (2); |
| (c) | Maintaining and managing new technologies under Article 33 (2); |
| (d) | Receiving and managing records of using new technologies under Article 34 (6); |
| (e) | Receiving applications for extending the periods for protecting new technologies under Article 35 (3); |
| 1-2. | Receiving, issuing and managing applications for issuing certificates regarding agreements on the use of new technology under Article 14-2 of the Act; |
| 3. | Establishing, distributing and operating the construction technology information system under Article 18 of the Act; |
| (b) | Preserving and managing records regarding the places of work, career background, etc. of construction engineers; and issuing certificates of construction technology career under Article 21 (2) of the Act; |
| (c) | Requesting related materials under Article 21 (3) of the Act (limited to where they are necessary to handle entrusted affairs); |
| 5. | Managing the status of suspending construction engineers' services under Article 24 (1) of the Act; receiving returned certificates of construction technology career; and modifying, deleting, etc. the records on the places of work, career, etc. under paragraph (4) of the same Article; |
| 6. | Receiving and managing records on registration, modification registration, and temporary or permanent closure of business, of construction technology service providers notified by a Mayor/Do Governor under Article 26 (5) of the Act; |
| 7. | The following affairs concerning managing performance records of construction technology services under Article 30 of the Act: |
| (a) | Receiving, verifying, and managing performance records of construction technology services and managing the status of construction technology service providers under Article 30 (1) and (2) of the Act; |
| (b) | Receiving, verifying and managing performance records of supervision services notified by the head of an authorizing or permitting agency under Article 45 (2); |
| (c) | Receiving, verifying and managing performance records of construction technology services directly notified by construction technology service providers under Article 45 (4) and (5); |
| (d) | Issuing certificates of performance records of construction technology services under Article 45 (7); |
| 8. | Receiving and managing the details of de-registration and suspension of business of construction technology service providers, or imposition of penalty surcharges thereon, notified by a Mayor/Do Governor under Article 31 (4) of the Act; |
| 9. | Receiving and managing the results of evaluating services and construction works notified by a contracting authority under Article 50 (3) of the Act; and conducting, and disclosing the outcomes of, comprehensive evaluations under paragraph (4) of the same Article; |
| (a) | Specialized and technical examinations on applications for certifying factories received or submitted under Article 58 of the Act; |
| (b) | Specialized and technical matters for investigating the operational status and post management status under Article 58 (2) of the Act; |
| 11-2. | Receiving, verifying and managing copies of safety management plans and findings of examination of safety management plans under Article 62 (3) of the Act; |
| (c) | Accessing comprehensive reports and issuing copies thereof under Article 101 (4); |
| 13. | Examining the adequacy of findings of examination of safety management plans and findings of safety inspections under Article 62 (10) of the Act; |
| 14. | Evaluating, and disclosing the results of, the level of safety management under Article 62 (14) of the Act; and establishing and operating an information network under paragraph (15) of the same Article; |
| 15. | Receiving, verifying and managing the results of examining the safety of the design submitted by a contracting authority under Article 62 (18) of the Act; |
| (2) | An institution eligible to be entrusted with the affairs prescribed in paragraph (1) shall be designated and publicly notified by the Minister of Land, Infrastructure and Transport from among the following institutions having human resources and equipment capable of performing the entrusted affairs: <Amended by Presidential Decree No. 26302, Jun. 1, 2015> |
| 4. | A non-profit-making corporation established with permission from the Minister of Land, Infrastructure and Transport under Article 32 of the Civil Act; |
| 6. | The Korea Infrastructure Safety Corporation. |
| (3) | Pursuant to Article 82 (2) of the Act, each Mayor/Do Governor shall entrust the following affairs to an institution designated and publicly notified by the Mayor/Do Governor from among the institutions prescribed in paragraph (2) 1 and 2: |
| 1. | Receiving applications for, and verifying and managing, the following affairs related to the registration, etc. of construction technology services under Article 26 of the Act: |
| (4) | When the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor designates any entrusted institution pursuant to paragraph (2) or (3), he/she shall determine and publish the affairs to be entrusted, methods of handling such affairs, and other necessary matters in the Official Gazette. |
| (5) | An institution entrusted with affairs pursuant to paragraph (1) or (3) shall notify the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor of the results of handling the entrusted affairs as at the end of each half-year by no later than the end of the following month. |
| Article 117-2 (Processing Personally Identifiable Information) |
The Minister of Land, Infrastructure and Transport (including persons to whom the authority of the Minister of Land, Infrastructure and Transport is delegated or entrusted under Article 82 of the Act) and a Mayor/Do Governor (including persons to whom the authority of a Mayor/Do Governor is entrusted under Article 82 (2) of the Act) may process data containing information on 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, if essential to performing the following affairs: <Amended by Presidential Decree No. 29360, Dec. 11, 2018; Presidential Decree No. 29918, Jun. 25, 2019> | 6. | Notifying de-registration or suspension of business of, or imposition of penalty surcharges, etc., on, construction technology service providers under Article 31 of the Act; |
| 7. | Managing the assignment of construction project management engineers and construction supervisors under Article 39-2 of the Act; |
| 8. | Receiving and managing the outcomes of evaluating services and construction works; and conducting, and disclosing the results of, comprehensive evaluations under Article 50 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 26894, Jan. 12, 2016]
| Article 118 (Persons Deemed Public Officials in Application of Penalty Provisions) |
"Services prescribed by Presidential Decree" in subparagraph 3 of Article 84 of the Act means the supervision services defined in subparagraph 5 of Article 2 of the Act among construction project management services in the construction phase.
| Article 119 (Re-Examination of Regulation) |
| (1) | The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the scope of construction engineers under Article 4 and attached Table 1 every three years, counting from January 1, 2017 (referring to the period that ends the day before every third anniversary from January 1); and shall take measures, such as making improvements. <Amended by Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 29360, Dec. 11, 2018> |
| (2) | The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years counting from the following relevant dates (referring to the period that ends the day before every third anniversary from the base date); and shall take measures, such as making improvements: <Amended by Presidential Decree No. 29360, Dec. 11, 2018> |
| 1. | The types, hours and curriculum of the education and training conducted for construction engineers, and the criteria for exemption thereof under Article 42 (2) and attached Table 3: May 23, 2014; |
| 2. | The requirements for registration and the scope of services of construction technology service providers under Article 44 (2) and attached Table 5: May 23, 2014; |
| 3. | Construction works requiring a quality management plan and procedures for formulating such plan under Articles 89 and 90: May 23, 2014; |
| 4. | Standards for and subject matters of quality tests and inspections under Article 91: May 23, 2014. |
CHAPTER VIII PENALTY PROVISIONS
| Article 120 (Major Facilities, etc.) |
"Facilities prescribed by Presidential Decree" in Article 85 (1) and subparagraph 1-4 of Article 88 of the Act means: <Amended by Presidential Decree No. 29918, Jun. 25, 2019> | 6. | Counter facilities, port traffic facilities, and mooring facilities, among harbor facilities; |
| 7. | Airport terminals, railroad stations, passenger terminals, consolidated passenger facilities, general hospitals, sales facilities, tourist accommodation facilities, and observation and meeting facilities with an aggregate floor area exceeding five thousand square meters; |
| 8. | Other buildings with at least 16 stories. |
| Article 121 (Criteria for Imposing Administrative Fines) |
| (1) | The criteria for imposing administrative fines under Article 91 (1) and (3) of the Act shall be as specified in attached Table 11. <Amended by Presidential Decree No. 29918, Jun. 25, 2019> |
| (3) | Upon imposing and collecting administrative fines pursuant to paragraph (2), a Mayor/Do Governor shall notify the details thereof to the institution designated and publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 117 (2). |
ADDENDA
Article 1 (Enforcement Decree)
This Decree shall enter into force on May 23, 2014.
Article 2 (Applicability to Notification of De-Registration, etc.)
The amended provisions of Article 47 shall begin to apply from the first de-registration, etc. publicly announced after this Decree enters into force. Article 3 (Applicability to Compensation for Damage and Defects Liability Bond of Construction Technology Service Provider)
The amended provisions of Article 50 shall begin to apply from the first construction technology services for which a bid is publicly announced after this Decree enters into force. Article 4 (Applicability to Selection, etc. of Institution Specialized in Safety Examinations)
The amended provisions of Articles 51 (2) and 52 shall begin to apply from the first construction technology services for which a bid is publicly announced after this Decree enters into force. Article 5 (Applicability to Restrictions on Selection of Construction Project Management Service Provider)
The amended provisions of Article 58 (1) shall begin to apply from the first construction technology services for which a bid is publicly announced after this Decree enters into force. Article 6 (Applicability to Scope and Contents of Construction Management Services)
The amended provisions of Article 59 shall begin to apply from the first construction technology services for which a bid is publicly announced after this Decree enters into force. Article 7 (Applicability, etc. to Evaluation, etc. of Services)
| (1) | The amended provisions of Article 83 (1) 1 and 3 shall begin to apply from the basic design services and construction project management services, including exercising delegated supervisory authority, for the first construction works completed after this Decree enters into force. |
| (2) | The amended provisions of Article 83 (1) 2 shall apply to the working design services for the construction works completed before this Decree enters into force; but where the relevant construction works has been already commenced, the relevant working design shall be evaluated within six months after this Decree enters into force. |
| (3) | The amended provisions of Article 83 (3) shall begin to apply from the first construction technology services or construction works completed after this Decree enters into force. |
Article 8 (Applicability to Ex-Post Evaluation of Construction Works)
The amended provisions of Article 86 shall begin to apply from the first construction works completed after this Decree enters into force. Article 9 (Transitional Measures concerning Grades of Construction Engineers)
If the grade of a person reported as a construction engineer or a quality manager or a supervisor of a specialized supervisory company rated under the amended provisions of subparagraph 2 of attached Table 1, is lower than that rated under the former provisions, the grade rated under the former provisions shall be deemed as his/her grade, notwithstanding the amended provisions of subparagraph 2 of attached Table 1. In such cases, in comparing the grades of supervisors, a former chief supervisor shall be deemed rated “principal grade”; a former supervisor rated “intermediate grade”; and a former inspection supervisor rated “junior grade.”
Article 10 (Transitional Measures concerning Education and Training of Construction Engineers)
| (1) | A person who has undergone education and training pursuant to the former provisions listed in the left column of the following table as at the time this Decree enters into force, shall be deemed to have undergone education and training listed in the right column of the same table pursuant to the amended provisions of attached Table 3: |
| Education and Training Completed under Former Provisions | Education and Training Completed under Amended Provisions | | Construction engineer | Subparagraph 1 (b) (i) of attached Table 3 | Construction engineer in charge of design, construction, etc. | Subparagraph 2 (a) (i) of attached Table 3 | | Supervisor | Subparagraph 2 (b) (i) of attached Table 3 | Construction engineer in charge of construction project management | Subparagraph 2 (b) (i) of attached Table 3 | | Quality manager | Subparagraph 3 (b) (i) of attached Table 3 | Construction engineer in charge of quality management | Subparagraph 2 (c) (i) of attached Table 3 |
|
| (2) | A construction engineer or quality manager under the former provisions who as at the time this Decree enters into force, has failed to undergo mandatory education within three years from the day his/her first technical grade is obtained, shall undergo 35 hours of basic education and specialized education, respectively within three years after this Decree enters into force, notwithstanding the amended provisions of attached Table 3. In such cases, if he/she has undergone education and training under the former provisions before this Decree enters into force, the hours of education and training completed may be excluded from those of basic education and specialized education. |
Article 11 (Transitional Measures concerning Registration of Construction Technology Service Providers)
| (1) | A person listed in the left column of the following table pursuant to the proviso to Article 13 of the Addenda to the wholly amended Construction Technology Management Act (Act No. 11794) (hereinafter referred to as the "Addenda to the amended Act") as at the time this Decree enters into force, shall be deemed registered in the area of expertise of construction technology services under the amended provisions of Article 44 (1) listed in the right column of the same Table: <Amended by Presidential Decree No. 27176, May 17, 2016> |
| Specialized design service provider, etc. | Design services, etc. under Article 44 (1) 2 (b) | | Specialized supervisory company | Construction project management services under Article 44 (1) 2 (c) | | Specialized quality testing institution | Relevant field among the field of quality testing under Article 44 (1) 3 |
|
| (2) | Where a specialized design service provider, etc. under the former Article 20-2 of the Act (hereafter referred to in this paragraph, as "specialized design service provider, etc."); a specialized supervisory company under the former Article 28 (1) of the Act (hereafter referred to in this paragraph, as "specialized supervisory company"); or a specialized quality testing institution under the former Article 25 (2) of the Act (hereafter referred to in this paragraph, as "specialized quality testing institution") as at the time this Decree enters into force, intends to file a report pursuant to the latter part of Article 13 (1) of the Addenda to the amended Act, it shall fulfill the requirements for registration under the amended provisions of attached Table 5 for each area of expertise; and shall submit the following relevant documents, a written application in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and accompanying documents to the competent Mayor/Do Governor: <Amended by Presidential Decree No. 27176, May 17, 2016> |
| 2. | A specialized supervisory company: The certificate of registration of a specialized supervisory company under the former Article 28 (1) of the Act; |
| 3. | A specialized quality testing institution: The certificate of registration of a specialized quality testing institution under the former Article 25 (2) of the Act. |
| (3) | Where a surveying service provider registered under the former Act on the Establishment, Management, etc. of Spatial Data (hereafter referred to in this paragraph, as "surveying service provider") or a waterway service provider registered under the same Act (hereafter referred to in this paragraph, as "waterway service provider") as at the time this Decree enters into force, intends to file a report pursuant to the latter part of Article 13 (2) of the Addenda to the amended Act, he/she shall submit a written application in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the competent Mayor/Do Governor along with the following relevant documents: <Newly Inserted by Presidential Decree No. 27176, May 17, 2016> |
Article 12 (Transitional Measures concerning Request for Examination of Safety Management Plan)
Notwithstanding the amended provisions of the proviso to Article 98 (4), construction works ordered before this Decree enters into force shall be governed by the former provisions. Article 13 Omitted.
Article 14 (Relationship to Other Statutes)
Where any other statute cites the former Enforcement Decree of the Construction Technology Management Act or the provisions thereof as at the time this Decree enters into force, it shall be deemed to cite this Decree or the relevant provisions hereof in lieu of the former Enforcement Decree of the Construction Technology Management Act or the provisions thereof, if provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 25478, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25716, Nov. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25938, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 4 of Article 57 shall enter into force on January 1, 2016. Article 2 (Applicability to Design Services subject to Construction Project Management)
The amended provisions of subparagraph 4 of Article 57 shall begin to apply from the first design services for which a bid is publicly announced on or after January 1, 2016. Article 3 (Transitional Measures concerning Term of Office of Members of Design Deliberative Subcommittee)
Notwithstanding the amended provisions of subparagraph 1 (b) of attached Table 2, the term of office of the members of the design deliberative committee commissioned before this Act enters into force shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26382, Jul. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 101-2 shall enter into force on July 7, 2015. Article 2 (Applicability to Evaluation of Construction Technology Services)
The amended provisions of Article 82 (1) 1 shall begin to apply from the first basic design or working design for which a bid is publicly announced after this Decree enters into force.
ADDENDA <Presidential Decree No. 26894, Jan. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 19, 2016.
Article 2 (Applicability to Examining Safety of Design)
The amended provisions of Articles 67 (1) 9-2 and 75-2 shall begin to apply from the first working design for which a bid is publicly announced after this Decree enters into force. Article 3 (Applicability to Ground Exploration)
The amended provisions of Article 74 (1) shall begin to apply from the first basic design or working design for which a bid is publicly announced after this Decree enters into force. Article 4 (Applicability to Construction Works Requiring Safety Management Plan and Standards for Formulating Safety Management Plan)
The amended provisions of Articles 98 (1) and 99 (1) 2 shall begin to apply from the first construction works for which a bid (where the person who has awarded the contract is not the contracting authority, referring to permission, authorization, approval, etc. for the construction works) is publicly announced after this Decree enters into force. Article 5 (Applicability to Index of Construction Engineer's Competency)
The amended provisions of subparagraph 2 (a) of attached Table 1 shall begin to apply from the first disposition for business suspension or demerit points imposed due to any construction accident which occurred after this Decree enters into force.
Article 6 (Transitional Measures concerning Timing for Evaluating Construction Technology Services and Construction Works)
Notwithstanding the amended provisions of Article 83 (1) 3 and (2), construction technology services and construction works completed as at the time this Decree enters into force shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 27176, May 17, 2016>
Article 1 (Enforcement Decree)
This Decree shall enter into force on May 19, 2016: Provided, That the amended provisions of Article 96 (7) shall enter into force on June 30, 2016. Article 2 (Applicability to Publicly Announcing Results of Status Investigation of Steel Structure Factories)
The amended provisions of Article 96 (7) shall begin to apply from the first status investigation conducted pursuant to Article 58 (2) of the Act after this Decree enters into force as prescribed in the proviso to Article 1 of the Addenda. Article 3 (Applicability to Construction Works Requiring Safety Management Plan)
The amended provisions of Article 98 (1) 5 and 6 shall begin to apply from the first construction works for which a bid (where the person who has awarded the contract is not the contracting authority, referring to permission, authorization, approval, etc. of the construction works) is publicly announced after this Decree enters into force.
ADDENDA <Presidential Decree No. 27205, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27506, Sep. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27619, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27622, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27792, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 28555, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 98 (3) and the main sentence of paragraph (4) of the same Article shall enter into force six months after the date of its promulgation. Article 2 (Applicability, etc. to Extending Period for Protecting New Technology)
| (1) | The amended provisions of Article 35 (1) shall also apply to a technology designated and publicly notified as a new technology before this Decree enters into force and for which five years have not passed from the date of the designation and public notice as at the time this Decree enters into force. |
| (2) | Pursuant to Article 33 (1), the Minister of Land, Infrastructure and Transport shall publish the new technologies to which the amended provisions of Article 35 (1) apply in the Official Gazette; and shall maintain and manage the contents thereof pursuant to paragraph (2) of the same Article. |
| (3) | Where a technology developer to whom the amended provisions of Article 35 (1) apply under paragraph (1) files an application for issuing a certificate of designation of a new technology, the Minister of Land, Infrastructure and Transport shall issue it pursuant to Article 33 (1), based upon the extended protection period. |
Article 3 (Applicability to Design Services subject to Construction Project Management)
The amended provisions of subparagraphs 1, 2 and 4 of Article 57 shall begin to apply from the fist design service for which a bid is publicly announced after this Decree enters into force. Article 4 (Applicability to Examination of Safety Management Plans)
The amended provisions of Article 98 (3) and the main sentence of paragraph (4) of the same Article shall begin to apply from the first construction works for which a bid (where the person who has awarded the contract is not the contracting authority, referring to permission, authorization, approval, etc. of the construction works) is publicly announced after this Decree enters into force on the date prescribed in the proviso to Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28792, Apr. 10, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28947, Jun. 8, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 29360, Dec. 11, 2018>
Article 1 (Enforcement Date)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29710, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Deliberation on Adequacy of Construction Period Determined by Local Deliberative Committee)
The amended provisions of Articles 17 (2) and 19 (4) shall begin to apply to construction works for which a bidding process is publicly notified after this Decree enters into force. Article 3 (Applicability to Notification of Performance Records of Construction Technology Services Following Approval of Subcontracts)
The amended provisions of Article 45 (1) shall also apply where a subcontract was entered into with the contracting authority's approval under Article 35 (4) of the Act but the services under the subcontract are not complete at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 29918, Jun. 25, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2019.
Article 2 (Applicability to Standards for Formulating Safety Management Plans)
The amended provisions of Article 99 (1) 3 shall begin to apply to construction works for which a bidding process is publicly notified (if the person who awards a contract is not a contracting authority, referring to an application for permission, authorization, approval, etc. of construction works) after this Decree enters into force. Article 3 (Applicability to Deadline for Notification of Findings of Safety Inspections)
The amended provisions of Article 100 (4) and (5) shall begin to apply to construction works on which a construction safety inspection institution is requested to conduct a regular safety inspection or a precise safety inspection after this Decree enters into force.