ELECTRICAL CONSTRUCTION BUSINESS ACT
Wholly Amended by Act No. 5726, Jan. 29, 1999
Amended by Act No. 6578, Dec. 31, 2001
Act No. 7171, Feb. 9, 2004
Act No. 7741, Dec. 23, 2005
Act No. 8852, Feb. 29, 2008
Act No. 9179, Dec. 26, 2008
Act No. 9680, May 21, 2009
Act No. 10493, Mar. 30, 2011
Act No. 10957, Jul. 25, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12139, Dec. 30, 2013
Act No. 12303, Jan. 21, 2014
Act No. 15576, Apr. 17, 2018
Act No. 16206, Jan. 8, 2019
Act No. 16363, Apr. 23, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to seek the sound development of electrical construction business and secure the safe and appropriate execution of electrical construction by prescribing basic matters concerning electrical construction business and the execution, technical management of and contracting for electrical construction.
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
The terms used in this Act shall be defined as follows: <Amended by Act No. 9680, May 21, 2009; Act No. 10957, Jul. 25, 2011; Act No. 11690, Mar. 23, 2013>
| 1. | The term "electrical construction" means any work of installing, maintaining, repairing equipment, etc. falling under any of the following items, and any work incidental thereto which are prescribed by Presidential Decree: |
| (b) | Electric instrumentation for using electric power at places using power; |
| (c) | Signal indication by electricity; |
| 2. | The term "construction business" means engaging in an electrical construction business as a business, regardless of the title thereof, such as a contract or any others; |
| 3. | The term "constructor" means a person who has registered a construction business pursuant to Article 4 (1); |
| 4. | The term "client" means a person who has awarded a contract for electrical construction to a constructor: Provided, That a contractor who subcontracts a contracted electrical construction is excluded; |
| 5. | The term "contract" means a contract under which, regardless of title, such as prime contract, subcontract, consignment and others, either of the parties agrees to perform an electrical construction and the other party agrees to pay consideration for the completion of the work; |
| 6. | The term "subcontract" means a contract which a contractor enters into with another constructor for all or part of the contracted electrical construction; |
| 7. | The term "contractor" means a constructor awarded a contract for electrical construction from a client; |
| 8. | The term "subcontractor" means a constructor who receives a subcontract for electrical construction from a contractor; |
| 9. | The term "electrical construction engineer" means any of the following persons recognized by the Minister of Trade, Industry and Energy pursuant to Article 17-2: |
| (b) | A person with a specified academic career and experience in the field of electricity. |
| 10. | The term "electrical construction management" means management concerning the planning, research and analysis of feasibility, design, procurement, contract, construction management, supervision, assessment and ex post facto management, etc. related to the electrical construction; |
| 11. | The term "electrical construction management at risk" means a type of management where an electrical constructor carries out electrical construction management at the pre-construction stage and, in addition, constructs electric installations at the price and within the construction period stipulated in advance, carrying out the comprehensive planning, management and coordination for electrical construction at the construction stage through a separate contract with his/her client for electrical construction and management: Provided, That the design and construction supervision under the Electric Technology Management Act shall be excluded from the scope of a contract for the electrical construction management at risk. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 3 (Restrictions, etc. on Electrical Construction) |
| (1) | No electrical construction shall be contracted or executed by a person, other than a constructor: Provided, That this shall not apply to minor electrical construction prescribed by Presidential Decree. |
| (2) | Notwithstanding the main sentence of paragraph (1), any of the following persons may directly execute electrical construction on his/her own demand, as prescribed by Presidential Decree: |
| (3) | The provisions of Articles 16, 17 (excluding notification), and 22, and subparagraphs 2, 3, 4 (excluding notification) and 5 of Article 27 shall apply mutatis mutandis to electrical construction directly executed pursuant to paragraph (2). |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
CHAPTER II REGISTRATION, ETC. OF CONSTRUCTION BUSINESS
| Article 4 (Registration of Construction Business) |
| (1) | A person who intends to engage in the construction business shall file a registration with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") who has jurisdiction over his/her principal place of business, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16363, Apr. 23, 2019> |
| (2) | A person who intends to obtain registration of a construction business under paragraph (1) shall be equipped with technical capabilities, capital, etc, as prescribed by Presidential Decree. |
| (3) | A person for whom five years have not passed from the date of registration, among those who obtained registration of a construction business under paragraph (1) shall, in accordance with Ordinance of the Ministry of Trade, Industry and Energy, file a report with the Mayor/Do Governor on the matters regarding technical capabilities, capital, etc, under paragraph (2) (hereinafter referred to as "registration standard") at the end of each period prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Mayor/Do Governor shall, upon receipt of registration of a construction business pursuant to paragraph (1), issue a certificate of registration and a registration pocketbook. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 5 (Grounds for Disqualification) |
No person falling under any of the following may register the construction business under Article 4 (1): <Amended by Act No. 12303, Jan. 21, 2014; Act No. 16363, Apr. 23, 2019> | 1. | A person under adult guardianship; |
| 2. | A person who has been declared bankrupt but not yet reinstated; |
| 3. | A person in whose case two years have not elapsed since his/her imprisonment without prison labor or heavier punishment, as declared by a court, was completely executed (including the cases where the execution is deemed completed) or exempted by falling under any of the following items: |
| (b) | A person who violates this Act; |
| 4. | A person who is under the suspension of the execution of imprisonment without labor or heavier punishment as declared by a court for having committed an offense under subparagraph 3; |
| 5. | A person in whose case two years have not elapsed since his/her registration was cancelled pursuant to Article 28 (1) (excluding where registration is cancelled in cases falling under subparagraph 1 or 2). In such cases, if a person with his/her registration of construction business cancelled is a corporation, the representative and a person who has committed an act causative of cancellation during such cancellation shall be included; |
| 6. | A corporation with an executive officer falling under any of subparagraphs 1 through 5. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 6 (Continued Construction after Subject to Disposition of Business Suspension, etc.) |
| (1) | A constructor or his/her general successor who has been subject to a disposition of cancellation of registration or a disposition of business suspension under Article 28 (1) may continue executing electrical construction works for which he/she concluded a contract, or which was started by obtaining permission, authorization, etc. pursuant to related Acts before having been subject to such disposition. In such cases, where a constructor or his/her general successor who has been subject to a disposition of cancellation of registration continues electrical construction, he/she shall be deemed a constructor until he/she completes the electrical construction. |
| (2) | A constructor or his/her general successor who has been subject to a disposition of cancellation of registration or a disposition of business suspension under Article 28 (1) shall, without delay, notify the client and contractor of the electrical construction in question of the details of the disposition. |
| (3) | Unless any special ground exists otherwise, the client and contractor of electrical construction may terminate a contract for work within 30 days from the date on which he/she receives notification under paragraph (2) from the relevant constructor or he/she becomes aware of such fact. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 7 (Transfer of Construction Business) |
| (1) | In any of the following cases, a constructor shall file a report to the Mayor/Do Governor as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended by Act No. 16363, Apr. 23, 2019> |
| 1. | Where a constructor intends to transfer his/her construction business; |
| 2. | Where constructors which are corporations intend to merge or where a constructor which is a corporation intends to merge with a corporation which is not a constructor. |
| (2) | When a report on transfer of construction business is accepted under paragraph (1), a person who takes over construction business shall succeed to the status of a constructor who transfers construction business; and when a report on corporate merger is accepted, a corporation formed in the course of the merger or surviving such merger shall succeed to the status of a constructor which is a corporation dissolved in the course of a merger. <Amended by Act No. 16363, Apr. 23, 2019> |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis to where construction business is succeeded: Provided, That where a successor falls under any of subparagraphs 1 through 5 of Article 5, he/she shall transfer the status of a constructor to another person within three months after succession begins. <Amended by Act No. 16363, Apr. 23, 2019> |
| (4) | Where the transfer or merger reported under paragraph (1) is found null and void, a constructor shall report such fact to the Mayor/Do Governor as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted by Act No. 16363, Apr. 23, 2019> |
| (5) | Article 5 shall apply mutatis mutandis to the report under paragraph (1). <Newly Inserted by Act No. 16363, Apr. 23, 2019> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 8 (Restrictions on Transfer of Construction Business) |
| (1) | If a constructor intends to transfer his/her construction business in the course of executing electrical construction works, the constructor shall transfer it along with his/her rights and duties stipulated under a contract for electrical construction works in progress by obtaining the consent of the client, or after terminating the contract for electrical construction in question. |
| (2) | If a constructor intends to transfer his/her construction business for electrical construction works for which the warranty period pursuant to Article 15-2 (1) has not yet expired, the constructor shall transfer it along with the rights and duties on defect repair. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 9 (Reporting, etc. on Modification in Registered Matters) |
| (1) | If important registered matters prescribed by Presidential Decree are modified, a constructor shall report such fact to the Mayor/Do Governor. |
| (2) | If a constructor closes construction business, he/she shall report such fact to the Mayor/Do Governor. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 10 (Ban, etc. on Lending Certificates of Registration, etc. of Construction Business) |
No constructor may allow a third party to award a contract for electrical construction or execute electrical construction works to the third party by using his/her name or trade name, or may lend his/her certificate of registration or registration pocketbook to a third party.
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
CHAPTER III CONTRACTS AND SUBCONTRACTS
| Article 11 (Separate Orders for Electrical Construction and Electrical Construction Management at Risk) |
| (1) | A contract for electrical construction works shall be awarded separately from contracts for other types of construction works: Provided, That this shall not apply in special circumstances prescribed by Presidential Decree. <Amended by Act No. 10957, Jul. 25, 2011> |
| (2) | Electrical construction management at risk shall be ordered separately from construction management of other business types, including construction management at risk under the Framework Act on the Construction Industry: Provided, That this shall not apply where any extenuating circumstances prescribed by Presidential Decree exist. <Newly Inserted by Act No. 10957, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 12 (Contracts, etc. for Electric Construction) |
| (1) | Contracting parties to a contract or subcontract shall specify the amount of a contract or subcontract, duration of works, or other matters prescribed by Presidential Decree in a written contract, and shall exchange and keep the signed and sealed written contract. |
| (2) | A constructor shall keep an electrical construction contract book in which matters on contracts, subcontracts and execution of construction are recorded, as determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 13 (Ban on Additional Restrictions on Qualifications for Receiving Contracts) |
Unless otherwise provided for in this Act and other Acts, no client which is the State, a local government or an institution designated as a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution") shall impose restrictions on a constructor concerning its qualifications for receiving contracts. [This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 14 (Restrictions, etc. on Subcontracts) |
| (1) | No constructor may subcontract contracted electrical construction works to other constructors: Provided, That the constructor may subcontract part of the contracted electrical construction works to other constructors in cases prescribed by Presidential Decree. |
| (2) | No subcontractor may re-subcontract electrical construction works for which he/she has subcontracted to other constructors: Provided, That this shall not apply in cases where the subcontracted electrical construction includes the installation of electrical equipment and appliances and the constructor who supplies such electrical equipment and appliances executes electrical construction to install the supplied electrical equipment and appliances. |
| (3) | Where a constructor intends to subcontract electrical construction works for which he/she has contracted under the proviso to paragraph (1), the constructor shall provide prior written notice to the client of such electrical constructor. |
| (4) | Where a subcontractor intends to re-subcontract electrical construction works for which he/she has subcontracted under the proviso to paragraph (2), the subcontractor shall provide prior written notice to the client and contractor of such electrical construction. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 15 (Request, etc. for Replacement of Subcontractors) |
| (1) | The client or contractor who receives notification under Article 14 (3) or (4) may, if deemed inappropriate that the subcontractor or re-subcontractor executes such electrical construction works, request the contractor or subcontractor to replace the subcontractor or re-subcontractor by specifying the grounds therefor, as prescribed by Presidential Decree. |
| (2) | The client or contractor may terminate a contract or a subcontract for electrical construction if the contractor or subcontractor fails to comply with a request under paragraph (1) without good cause and such failure is deemed likely to cause material impediments to results of the electric construction. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 15-2 (Electrical Construction Contractor's Warranty against Defects) |
| (1) | A contractor shall be responsible for providing a client with a warranty against any defect occurring to the relevant electrical construction during a period prescribed by Presidential Decree by type of electrical construction within the extent not exceeding ten years from the completion date of the electrical construction. |
| (2) | Notwithstanding the provisions of paragraph (1), a contractor shall not be responsible for providing a warranty against any defects occurring due to any of the following reasons: |
| 1. | Where the quality, specification, etc. of the materials provided by the client fails to meet the standards; |
| 2. | Where the electrical construction works are executed according to the client's instruction. |
| (3) | Where special provisions exist in other Acts (excluding Articles 670 and 671 of the Civil Act) with respect to warranties against defects in construction works, the provisions of such Acts shall govern. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
CHAPTER IV EXECUTION AND TECHNICAL MANAGEMENT
| Article 16 (Execution Management of Electrical Construction) |
| (1) | No constructor shall give a person, other than an electrical construction engineer, the full responsibility for managing execution of electrical construction works. |
| (2) | A constructor shall have an electrical construction engineer manage the execution of electrical construction according to the classification prescribed by Presidential Decree by scale of electrical construction. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 17 (Designation of Person in Charge of Execution Management) |
A constructor shall designate a person to be in charge of execution management from among electrical construction engineers under Article 16 (2) and provide notification to the client of such electrical construction (referring to the client and contractor where the constructor is a subcontractor, and the client, contractor and subcontractor where the constructor is a re-subcontractor) for the purpose of ensuring the efficient execution and management of electrical construction works. [This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 17-2 (Recognition as Electrical Construction Engineers) |
| (1) | A person who intends to obtain recognition as an electrical construction engineer shall file an application with the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall recognize an applicant under paragraph (1) as an electrical construction engineer if the applicant falls under any of the items of subparagraph 9 of Article 2. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where the Minister of Trade, Industry and Energy recognizes the applicant under paragraph (1) as an electrical construction engineer, the said Minister shall issue a certificate concerning the grade, career history, etc. of electrical construction engineer (hereinafter referred to as "career pocketbook") to the relevant electrical construction engineer. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The procedure for application under paragraph (1) and the standard, scope, etc. of technical qualifications, academic background and career under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 18 (Duties of Electrical Construction Engineers) |
Each electrical construction engineer shall manage the execution of electrical construction works in compliance with this Act, the technical standards under Article 67 of the Electric Utility Act (hereinafter referred to as "technical standards") and design drawings and specifications so as to prevent the occurrence of any danger and injury resulting from electrical construction works. [This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 18-2 (Prohibition, etc. of Lending Career Pocketbook) |
No electrical construction engineer shall allow another person to execute construction by using his/her name nor lend his/her career pocketbook nor may use any other persons' career pocketbook by borrowing it.
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 19 (Education and Training for Electrical Construction Engineers) |
| (1) | The Minister of Trade, Industry and Energy may require educational and training institutions designated by the Minister of Trade, Industry and Energy (hereinafter referred to as "designated educational and training institutions") to carry out education and training for electrical construction engineers to ensure the smooth supply and demand for electrical construction engineers and safe execution of construction works. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Requirements for the designation and supervision of educational and training institutions and the kinds, subjects and details of education and training for electrical construction engineers under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 20 (Reporting on Changes in Details of Designation) |
Where important matters determined by Ordinance of the Ministry of Trade, Industry and Energy among designated details are changed, any designated educational and training institution shall report such fact to the Minister of Trade, Industry and Energy within a period determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 21 (Revocation of Designation as Educational and Training Institutions) |
Where a designated educational and training institution falls under any of the following, the Minister of Trade, Industry and Energy may revoke its designation: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Where it fails to meet the requirements for designation under Article 19 (2); |
| 2. | Where it becomes unable to carry out appropriate educational and training activities due to its suspension of business for not less than three months. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 22 (Execution of Electrical Construction) |
When a constructor executes electrical construction works, the constructor shall do so in compliance with this Act, technical standards and design drawings and specifications.
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 22-2 (Standards for Calculating Electrical Construction Expenses) |
| (1) | The Minister of Trade, Industry and Energy may establish standards for calculating construction expenses, such as the standard market unit price and the standard estimate for the purpose of ensuring quality of electrical construction works and calculation of appropriate construction expenses. |
| (2) | The Minister of Trade, Industry and Energy may have a management agency determined and publicly notified by the Minister investigate and research the standards for calculating construction expenses in order to establish and manage said standards under paragraph (1). In such cases, the Minister of Trade, Industry and Energy may provide contributions to cover necessary project expenses. |
| (3) | Necessary matters concerning standards for payment of contributions, and the use and management thereof under the latter part of paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15576, Apr. 17, 2018]
| Article 23 (Restrictions on Indication of Constructors) |
No person, other than a constructor, shall indicate himself/herself as a constructor or place any indication likely to mislead others into misidentifying him/her as a constructor, at his/her place of business or on advertising materials, etc.
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 24 (Installation, etc. of Electrical Construction Signs) |
| (1) | A constructor shall install a sign stating the executor, the details of electrical construction works and other matters determined by Ordinance of the Ministry of Trade, Industry and Energy at a conspicuous place of the electrical construction field. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where a constructor completes the contracted electrical construction works, the constructor shall attach or install a signboard stating the executor, the details of electrical construction or other matters determined by Ordinance of the Ministry of Trade, Industry and Energy to the main switchboard or in an easily identifiable position. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
CHAPTER V CONSTRUCTORS' ASSOCIATIONS
| Article 25 (Establishment of Constructors' Association) |
| (1) | Constructors may establish a constructors' association for the maintenance of their dignity, technical improvement, improvement of the methods of executing electrical construction works or sound development of the construction business after obtaining authorization from the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A constructors' association shall be a corporation. |
| (3) | A constructors' association shall be established by registering the incorporation of the association. |
| (4) | Matters necessary for the establishment of, supervision over, etc. a constructors' association shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 26 (Application Mutatis Mutandis of Civil Act) |
Unless otherwise provided for in this Act, provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to a constructors' association. [This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 27 (Corrective Orders, etc.) |
Where a constructor falls hereunder, the Mayor/Do Governor may order the correction thereof within a prescribed period, or give any other necessary instructions:
| 1. | Where the constructor enters into a subcontract or enters into a re-subcontract, in violation of the main sentence of Article 14 (1) or (2); |
| 2. | Where the constructor gives a person other than an electrical construction engineer the full responsibility for managing the execution of electrical construction, in violation of Article 16 (1); |
| 3. | Where an electrical construction engineer who manages the execution of electrical construction pursuant to Article 16 (2) is deemed unsuited; |
| 4. | Where the constructor fails to designate a person to be in charge of execution management under Article 17 or fails to provide notification on such designation; |
| 5. | Where the constructor fails to execute construction works in compliance with this Act, technical standards and design drawings and specifications, in violation of Article 22; |
| 6. | Where the constructor fails to install an electrical construction sign or fails to attach or install a signboard of electrical construction, in violation of Article 24; |
| 7. | Where the constructor fails to execute electrical construction works for which he/she has contracted, without any justifiable ground; |
| 8. | Where the constructor violates this Act or an order under this Act. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 28 (Revocation, etc. of Registration) |
| (1) | Where a constructor falls under any of the following subparagraphs, the Mayor/Do Governor may revoke registration or issue an order to suspend its operations for a period not exceeding six months: Provided, That where the constructor falls under subparagraph 1, 3, 4, 7 or 8, the Mayor/Do Governor shall revoke the registration: <Amended by Act No. 12139, Dec. 30, 2013> |
| 1. | Where the constructor engages in any of the following acts by fraud or other wrongful means: |
| (a) | Registration of construction business under Article 4 (1); |
| (b) | Reporting on the registration standard of construction business under Article 4 (3); |
| 2. | Where the constructor falls short of technical capabilities, capital, etc. prescribed by Presidential Decree pursuant to Article 4 (2): Provided, That this shall not apply to cases prescribed by Presidential Decree, including cases where a court renders a decision to commence rehabilitation procedures and the procedures are in progress in compliance with the Debtor Rehabilitation and Bankruptcy Act or cases where the constructor temporarily fails to satisfy the registration requirements; |
| 2-2. | Where the constructor fails to file a report on the registration standard for a construction business under Article 4 (3); |
| 3. | Where the constructor constitutes grounds for disqualification under any subparagraph of Article 5; |
| 4. | Where the constructor allows another person to use his/her name or trade name, or lends his/her certificate of registration or registration pocketbook, in violation of Article 10; |
| 5. | Where the constructor fails to fulfill a corrective order or instructions under Article 27; |
| 6. | Where the constructor falls under any of subparagraphs 1 through 5 of Article 27 and it is impossible to issue to the constructor a corrective order or instructions under the same Article as electrical construction works are completed; |
| 6-2. | Where the constructor files a false report under Article 31 (4); |
| 7. | Where the constructor fails to commence business within one year after obtaining registration of construction business or suspends his/her construction business for not less than one year on end; |
| 8. | Where the constructor operates his/her business during the period of business suspension or has been subject to the disposition of business suspension on at least three occasions during the last five years. |
| (2) | In any of the following cases, paragraph (1) shall not apply for six months from the date on which he/she falls under subparagraph 6 of Article 5 or his/her succession begins: |
| 1. | Where a corporation falls under subparagraph 6 of Article 5; |
| 2. | Where the successor to the status of construction business falls under any ground for disqualification under subparagraphs 1 through 5 of Article 5. |
| (3) | Where a constructor fails to comply with a corrective order or instructions under subparagraphs 2 through 5 or 8 of Article 27 although the constructor was issued such corrective order or instructions pursuant to the same Article or where a constructor falls under paragraph (1) 2 so that it causes considerable inconvenience to people or threatens to impair public interests because of a disposition of business suspension made to the constructor, the Mayor/Do Governor may impose a penalty surcharge not exceeding ten million won on the constructor in lieu of the disposition of business suspension. |
| (4) | Where a person liable to pay a penalty surcharge under paragraph (3) fails to pay it by the payment deadline, the Mayor/Do Governor shall collect it in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013> |
| (5) | The standards for an administrative disposition and the amount of a penalty surcharge based on the type, severity, etc. of a violation in cases of issuing an administrative disposition pursuant to paragraph (1) or imposing a penalty surcharge pursuant to paragraph (3) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 28-2 (Revocation, etc. of Recognition as Electrical Construction Engineer) |
| (1) | The Minister of Trade, Industry and Energy shall revoke the recognition of a person who has obtained recognition as an electrical construction engineer by fraud or other improper means. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where a person recognized as an electrical construction engineer has lent his/her career pocketbook to another person, the Minister of Trade, Industry and Energy may suspend his/her recognition as an electrical construction engineer for a period not exceeding three years. <Newly Inserted by Act No. 10493, Mar. 30, 2011; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 28-3 (Request for Administrative Disposition against Violations in Areas other than District under Jurisdiction) |
Where a constructor commits an act falling under any subparagraph of Article 27 or 28 (1) in areas, other than the place in which his/her principal business office is located, the Mayor/Do Governor having jurisdiction over the area where the relevant act is committed may request the Mayor/Do Governor having jurisdiction over the place in which the constructor's principal business office is located to take a measure, such as a corrective order, etc.. or an administrative disposition against the relevant constructor. [This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 29 (Request for Measures by Interested Persons) |
Where a constructor falls under any subparagraph of Article 27, any interested person may request the Mayor/Do Governor to take appropriate measures against the constructor by specifying the grounds therefor. [This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 29-2 (Investigation, etc. on Actual Conditions of Constructor) |
| (1) | The Mayor/Do Governor may, where deemed necessary to determine whether the registration conforms to the registration standard, the subcontract is appropriate, the construction is executed in good faith, etc., perform any of the following acts by specifying the minimum scope related to the objectives of an investigation: |
| 1. | Ordering the constructor to report on the business, execution status, etc.; |
| 2. | Requiring a public official under his/her control to investigate the actual conditions on the management by the constructor, or to inspect the materials or facilities necessary for the execution of construction. |
| (2) | Where it is deemed necessary to investigate the actual conditions on the management by the constructor under paragraph (1), the Mayor/Do Governor may require the client of electrical construction, the supervisory official under subparagraph 5 of Article 2 of the Electric Technology Management Act, and other agencies related to electrical construction to submit documents on the status of execution of electrical construction by specifying the minimum scope related to the objectives of an investigation. |
| (3) | In conducting an investigation (which shall include an inspection of materials or facilities; hereafter the same shall apply in this Article) under paragraph (1), the Mayor/Do Governor shall notify the person subject to the investigation of an investigation schedule, including the time and date, reason, details, etc. of the investigation by seven days prior to the investigation: Provided, That where urgent action is required, or where he/she deems it impossible to achieve the objectives of the investigation due to destruction of evidence, etc. if prior notification is given, the same shall not apply. |
| (4) | A public official conducting an investigation under paragraph (1) shall carry a certificate indicating his/her authority and produce it to related persons, and deliver a document stating the name of the public official in charge of the investigation, time, objectives of the investigation, etc. to related persons. |
| (5) | Where it is deemed necessary to investigate the actual conditions of the management by a constructor, the Minister of Trade, Industry and Energy may issue, to the Mayor/Do Governor, an order for an investigation on actual conditions under paragraph (1) and for submission of documents under paragraph (2), and request the Mayor/Do Governor to report the results thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
Where the Minister of Trade, Industry and Energy or Mayor/Do Governor intends to issue any of the following dispositions, he/she shall hold a hearing: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Revoking designation as designated educational and training institutions under Article 21; |
| 2. | Revoking registration of construction business under Article 28 (1); |
| 3. | Revoking recognition as electrical construction engineers under Article 28-2. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 31 (Integrated Management, etc. of Construction-Business-Related Information) |
| (1) | The Minister of Trade, Industry and Energy may manage the following information on an integrated basis and provide it to administrative agencies, clients of electrical construction, the Electric Contractors' Financial Cooperative and associated enterprises who require it: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Information on constructors such as constructors' capital, actual conditions of management, status on performance of construction, and current technical manpower; |
| 2. | Electrical construction-related information, such as materials necessary for electrical construction. |
| (2) | The Minister of Trade, Industry and Energy may request any constructor, client, related institution and organization, etc. to submit necessary data for the integrated management of information under paragraph (1), as determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | When an application is filed by a constructor, the Minister of Trade, Industry and Energy may evaluate execution capabilities of the constructor, based on the performance results of electrical construction, capital, technical capability and credibility of the constructor and publicly announce the results of such evaluation, to help clients choose a constructor suited for electrical construction. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | A constructor who intends to undergo evaluation of his/her execution capabilities under paragraph (3) and have the results of such evaluation publicly announced shall report every year the performance results of electrical construction and capital for a preceding year and other matters determined by Ordinance of the Ministry of Trade, Industry and Energy to the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The evaluation of execution capabilities and method of public announcement under paragraph (3) or other necessary matters shall be determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | For the purpose of the integrated and systematic management of information pursuant to paragraph (1), the Minister of Trade, Industry and Energy may construct and operate a comprehensive electrical construction information system. <Newly Inserted by Act No. 10493, Mar. 30, 2011; Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 32 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Mayor/Do Governor under this Act may be delegated to the head of a Si/Gun/Gu (Gu shall refer to the head of an autonomous Gu), as prescribed by Presidential Decree. |
| (2) | The authority of the Minister of Trade, Industry and Energy or Mayor/Do Governor under this Act to perform the following affairs may be entrusted to a constructors' association under Article 25, as prescribed by Presidential Decree: <Amended by Act No. 10493, Mar. 30, 2011; Amended by Act No. 11690, Mar. 23, 2013; Act No. 16363, Apr. 23, 2019> |
| 1. | Receipt of an application for registration under Article 4 (1); |
| 2. | Acceptance of a report on the registration standard of construction business under Article 4 (3); |
| 3. | Acceptance of a report under Article 7 (1), (3), and (4); |
| 4. | Acceptance of a report on modification of registered matters under Article 9 (1); |
| 5. | Integrated management and provision of information under Article 31 (1); |
| 6. | Request for the submission of documents under Article 31 (2); |
| 7. | Evaluation and public announcement of constructors' execution capabilities under Article 31 (3); |
| 9. | Construction and operation of the comprehensive electrical construction information system under Article 31 (6). |
| (3) | The authority of the Minister of Trade, Industry and Energy under this Act to perform the affairs related to the recognition, revocation of recognition of electrical construction engineers, and hearings, etc. for the revocation thereof may be entrusted to a constructors' association under Article 25 or a corporation or organization that manages electrical engineers, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 33 (Legal Fiction, etc. of Public Officials in Application of Penalty Provisions) |
| 1. | Executive officers and employees of any designated educational and training institutions; |
| 2. | Executive officers and employees of any constructors' association that performs the affairs entrusted under Article 32 (2) or (3) or of a corporation or organization that manages electrical engineers. |
| (2) | No executive officers and employees of any constructors' association may, in the course of performing the affairs entrusted pursuant to Article 32 (2), compel any constructor to join the constructors' association or may receive money and valuables, other than the fees under subparagraphs 6 and 7 of Article 35. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 34 (Ban on Seizure of Wages) |
| (1) | No amount which constitutes wages payable to construction workers, out of the total value of the contract for electrical construction works for which a constructor has contracted shall be seized. |
| (2) | The scope and method of calculating an amount equivalent to wages under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
A person falling under any of the following shall pay fees, as determined by Ordinance of the Ministry of Trade, Industry and Energy or the municipal ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 16363, Apr. 23, 2019>
| 1. | A person who intends to obtain recognition as an electrical construction engineer under subparagraph 9 of Article 2; |
| 2. | A person who intends to register construction business under Article 4 (1); |
| 3. | A person who intends to report the registration standard of construction business under Article 4 (3); |
| 4. | A person who intends to file a report under Article 7 (1), (3), or (4); |
| 5. | A person who intends to undergo education and training under Article 19 (1); |
| 6. | A person who intends to obtain information under Article 31 (1); |
| 7. | A person who makes an application to undergo evaluation of his/her execution capabilities and have the results of such evaluation publicly announced under Article 31 (3), and a person who uses publicly announced information regarding execution capabilities. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 36 (Prohibition of Divulging Confidential Information) |
If a client of electrical construction requests confidentiality concerning the details of the relevant electrical construction, a constructor shall not divulge confidential information which comes to his/her knowledge about the electrical construction.
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 37 (Prohibition of Divulging Information Obtained in Course of Performing Duties) |
No person falling under any of the following shall disclose to others any information on the business affairs and the financial conditions of the constructor, obtained in the course of performing his/her duties, that adversely affects the constructor:
| 1. | Public officials engaged in the registration and supervisory affairs under this Act; |
| 2. | Executive officers and employees of designated educational training institutions; |
| 3. | Executive officers and employees of constructor's associations engaged in the entrusted affairs under Article 32 (2) or (3) or of corporations or organizations which manage electrical engineers. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 38 (Policies for Advancing Construction Business) |
| (1) | The Minister of Trade, Industry and Energy may formulate and implement an advancement policy necessary for the sound development of construction business. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | An advancement policy under paragraph (1) shall include the following: |
| 1. | Basic direction setting on an advancement policy on construction business; |
| 2. | Development of electrical construction technology; |
| 3. | Measures for securing safety and quality of electrical construction; |
| 4. | Measures for fostering small and medium constructors; |
| 5. | Major policies related to subparagraphs 1 through 4. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 39 (Measures for Support of Small and Medium Constructors) |
| (1) | The Minister of Trade, Industry and Energy may request the State, a local government, or a government-invested institution that places orders for electrical construction to provide small and medium constructors with more opportunities for participation or to take other necessary measures, if necessary to support small and medium constructors. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The State, a local government, or a government-invested institution shall, upon receipt of a request under paragraph (1), actively cooperate therewith unless any special ground exists to the contrary. |
| (3) | The Minister of Trade, Industry and Energy may determine by Presidential Decree standards of constructors which are large enterprises and the minimum cost of construction that can be contracted to constructors which are large enterprises in order to provide more opportunities for small and medium constructors to participate in construction works a contract for which is awarded by the State, a local government, or a public institution. <Newly Inserted by Act No. 16206, Jan. 8, 2019> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
CHAPTER VIII PENALTY PROVISIONS
| Article 40 (Penalty Provisions) |
| (1) | A constructor or a person in charge of execution management designated under Article 17 who endangers people by causing material damage to the main parts of major power facilities prescribed by Presidential Decree during a warranty period of defect due to his/her electrical construction executed, in violation of Article 18 or 22, shall be punished by imprisonment with labor for not more than seven years, or by a fine not exceeding 70 million won. <Amended by Act No. 12303, Jan. 21, 2014> |
| (2) | The person who causes bodily injury to another person by committing a violation under paragraph (1) shall be punished by imprisonment with labor for a limited term of not less than one year, or by a fine not less than 10 million won but not more than 200 million won, and the person causing death by committing a violation under paragraph (1) shall be punished by imprisonment with labor for a limited term of not less than three years, or by a fine not less than 30 million won but not more than 500 million won. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 41 (Penalty Provisions) |
| (1) | A person who commits a violation under Article 40 (1) due to professional negligence shall be punished by imprisonment without labor for not more than three years, or by a fine not exceeding 30 million won. |
| (2) | A person who commits a violation under Article 40 (1) due to professional negligence and as a result causes bodily injury to another person shall be punished by imprisonment without labor for not more than five years, or by a fine not exceeding 50 million won, and a person who commits a violation under Article 40 (1) due to professional negligence and as a result causes death shall be punished by imprisonment without labor for not more than seven years, or by a fine not exceeding 70 million won. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 41-2 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
| 1. | A person who operates construction business without obtaining registration under Article 4 (1); |
| 2. | A person who obtains registration under Article 4 (1) by fraud or other improper means; |
| 3. | A person who files a report under Article 7 (1), (3), or (4) by fraud or other improper means; |
| 4. | A constructor who allows a third party to be awarded a contract for electrical construction work or to execute such construction work by using his or her name or trade name, or who lends his or her certificate of registration or registration pocketbook to a third party, in violation of Article 10. |
[This Article Newly Inserted by Act No. 16363, Apr. 23, 2019]
| Article 42 (Penalty Provisions) |
A person who falls under any of the following shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding 10 million won: <Amended by Act No. 12139, Dec. 30, 2013>
| 1. | through 3. Deleted. <by Act No. 16363, Apr. 23, 2019> |
| 4. | A person who enters into a subcontract or a re-subcontract, in violation of the main sentence of Article 14 (1) or (2) and the other party; |
| 5. | A person who lends a career pocketbook or who uses a career pocketbook borrowed from another person, in violation of Article 18-2; |
| 6. | A person who operates business during the period of a disposition of business suspension under Article 28 (1). |
| 7. | A person who files a false report under Article 31 (4). |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 43 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 10957, Jul. 25, 2011; Act No. 12303, Jan. 21, 2014>
| 1. | Deleted; <by Act No. 16363, Apr. 23, 2019> |
| 2. | A person who reports the registration standard of construction business under Article 4 (3) by fraud or other wrongful means; |
| 3. | A person who fails to file a report under Article 7 (1), (3), or (4); |
| 4. | A person who fails to place an order for the electrical construction separately from that for any other type of construction, in violation of Article 11 (1); |
| 4-2. | A person who fails to place an order for the electrical construction management at risk separately from that for any other type of construction management, in violation of Article 11 (2); |
| 5. | A person who fails to perform his/her duties of execution management, in violation of Article 16 (including cases where applied mutatis mutandis under Article 3 (3)); |
| 6. | A person who fails to designate a person to be in charge of execution management under Article 17 (including cases where applied mutatis mutandis under Article 3 (3)); |
| 7. | An electrical construction engineer who fails to manage the execution in compliance with this Act, technical standards, and design drawings and specifications, in violation of Article 18; |
| 8. | A person who fails to perform execution in compliance with this Act, technical standards, and design drawings and specifications, in violation of Article 22 (including cases where applied mutatis mutandis under Article 3 (3)); |
| 9. | A person who receives money and valuables other than fees, in violation of Article 33 (2); |
| 10. | A constructor who divulges confidential information obtained concerning electrical construction, in violation of Article 36; |
| 11. | A person who divulges information obtained in the course of performing his/her duties, in violation of Article 37. |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 44 Deleted. <by Act No. 12303, Jan. 21, 2014> |
| Article 45 (Joint Penalty Provisions) |
Where a representative of a corporation, or an agent or employee of, or other person employed by, a corporation or individual commits any violation falling under Articles 40, 41, 41-2, 42, and 43 in connection with the business affairs of the corporation or individual, not only shall the violator be punished accordingly, but the corporation or individual shall also be punished by a fine under the relevant Articles: Provided, That this shall not apply where the corporation or individual has not been negligent in exercising due attention to and supervision of the relevant duties to prevent such violation. <Amended by Act No. 12303, Jan. 21, 2014; Act No. 16363, Apr. 23, 2019> [This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
| Article 46 (Administrative Fines) |
| (1) | A person who falls under any of the following shall be punished by an administrative fine not exceeding three million won: <Amended by Act No. 12139, Dec. 30, 2013> |
| 1. | A person who fails to file a report concerning the registration standard for a construction business under Article 4 (3) within a period specified by Ordinance of the Ministry of Trade, Industry and Energy; |
| 2. | A constructor who fails to give notification under Article 6 (2) or his/her successor; |
| 3. | A person who fails to report under Article 9, or submits a false report; |
| 4. | A person who fails to perform his/her duties under the contract entered into under Article 12 (1); |
| 5. | A person who fails to maintain an electrical construction contract book under Article 12 (2); |
| 6. | A person who fails to give notification of subcontract under Article 14 (3) or (4); |
| 7. | A person who fails to give notification of designation of a person in charge of execution management under Article 17; |
| 8. | A person who indicates himself/herself as a constructor or places any indication likely to mislead others into misidentifying him/her as a constructor, in violation of Article 23; |
| 9. | A person who fails to install a sign under Article 24 (1), or who fails to attach or install a signboard under paragraph (2) of the same Article; |
| 10. | A person who refuses, interferes with, evades an investigation or inspection under Article 29-2 (1) 2, or who submits a false report. |
| (2) | A person who fails to file a report under Article 29-2 (1) 1 shall be subject to an administrative fine not exceeding one million won. |
| (3) | An administrative fine under paragraphs (1) and (2) shall be imposed and collected by the Minister of Trade, Industry and Energy or the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9179, Dec. 26, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Article 2 (Transitional Measures on License for Construction Business)
A person who has obtained a license for construction business pursuant to the former provisions at the time this Act enters into force shall be deemed to have registered construction business.
Article 3 (Transitional Measures on Disqualifications for Constructors)
Where any constructor who has obtained a license pursuant to the former provisions at the time this Act enters into force falls under any ground for disqualification under the amendments to subparagraphs 3 through 5 of Article 5 for any cause occurred before this Act enters into force, he/she shall be governed, for two years from the date on which this Act enters into force, by the former provisions. Article 4 (Transitional Measures on Korea Electrical Contractors Association)
The Korea Electrical Contractors Association established pursuant to the former provisions at the time this Act enters into force shall be deemed the constructors' association established pursuant to this Act.
Article 5 (Transitional Measures on Previous Acts)
The application of administrative dispositions and penal provisions to acts committed before this Act enters into force shall be governed by the former provisions.
Article 6 Omitted.
Article 7 (Relationship with other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes cite the provisions of the former Electrical Construction Business Act at the time this Act enters into force, they shall be deemed a citation of this Act or the corresponding provisions hereof in lieu of the former provisions, if such corresponding provisions exist in this Act.
ADDENDA <Act No. 6578, Dec. 31, 2001>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Application Example for Report on Registration Standards) The amended provisions of Article 4 (3) shall apply to persons who register construction business on or after the date when this Act enters into force. |
| (3) | (Application Example for Warranty) The amended provisions of Article 15-2 shall apply to electrical construction works contracted on or after the date when this Act enters into force. |
ADDENDA <Act No. 7171, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 7741, Dec. 23, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9179, Dec. 26, 2008>
This Act shall enter into force on January 1, 2009.
ADDENDA <Act No. 9680, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10493, Mar. 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10957, Jul. 25, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12139, Dec. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
In applying penalty and administrative fines for any act committed before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 12303, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetents, etc.)
A person under adult guardianship under the amended provisions of subparagraph 1 of Article 5 shall be construed as including any person who remains under the effects of the judicial declaration of incompetence or quasi-incompetence under Article 2 of the Addenda to the amended Civil Act (Act No. 10429).
ADDENDUM <Act No. 15576, Apr. 17, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16206, Jan. 8, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16363, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Transfer of Construction Business)
Where a report on succession to construction business is filed under the previous provisions as at the time this Act enters into force, a report on transfer, etc. of construction business shall be deemed filed in accordance with this Act.
Article 3 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to the imposition of penalty provisions for acts committed before this Act enters into force.