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CONSTRUCTION TECHNOLOGY PROMOTION ACT

Wholly Amended by Act No. 11794, May 22, 2013

Amended by Act No. 11998, Aug. 6, 2013

Act No. 12542, Mar. 24, 2014

Act No. 12579, May 14, 2014

Act No. 12967, Jan. 6, 2015

Act No. 13324, May 18, 2015

Act No. 13430, Jul. 24, 2015

Act No. 13671, Dec. 29, 2015

Act No. 13805, Jan. 19, 2016

Act No. 14848, Aug. 9, 2017

Act No. 15112, Nov. 28, 2017

Act No. 15667, jun. 12, 2018

Act No. 15719, Aug. 14, 2018

Act No. 16135, Dec. 31, 2018

Act No. 16272, Jan. 15, 2019

Act No. 16414, Apr. 30, 2019

Act No. 16416, Apr. 30, 2019

Act No. 16560, Aug. 27, 2019

Act No. 16624, Nov. 26, 2019

Act No. 17063, Feb. 18, 2020

Act No. 17091, Mar. 24, 2020

Act No. 17441, jun. 9, 2020

Act No. 17344, jun. 9, 2020

Act No. 17453, jun. 9, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the promotion of public welfare and the development of the national economy by enhancing the level of construction technology by facilitating research and development, thereby having construction works executed by appropriate means through the promotion of relevant industry as well as by improving the quality of construction works and ensuring the safety thereof.
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on May 18, 2015; Jul. 24, 2015; Aug. 14, 2018; Apr. 30, 2019; Feb. 18, 2020>
1. The term “construction work” means construction works set forth in subparagraph 4 of Article 2 of the Framework Act on the Construction Industry;
2. The term “construction technology” means technology for the following: Provided, That with respect to the safety of workers, matters otherwise prescribed in the Occupational Safety and Health Act shall be excluded herefrom:
(a) Planning, investigation (including ground exploration; hereinafter the same shall apply), design (excluding design set forth in subparagraph 3 of Article 2 of the Certified Architects Act; hereinafter the same shall apply), execution, supervision, testing, evaluation, surveying (including oceanographic surveying; hereinafter the same shall apply), consulting, guidance, quality management, safety inspection, and review of safety with respect to construction works;
(b) Operation, investigation, safety inspection, precise safety diagnosis, maintenance, management, repair, reinforcement, and removal of facilities;
(c) Purchase and procurement of materials necessary for construction works;
(d) Start-up operation of construction equipment;
(e) Management of construction projects;
(f) Other matters related to construction works, prescribed by Presidential Decree;
3. The term “construction technology services” means performing services for the provision of construction technology under entrustment by another person: Provided, That this excludes execution of construction works and services for repair and removal of facilities;
4. The term “management of construction project” means the management of construction projects under subparagraph 8 of Article 2 of the Framework Act on the Construction Industry;
5. The term “supervision” means any service of managing construction works, to manage construction works for appropriate execution in conformity with the relevant statutes, standards, design documents, or other related documents, or to give technical guidance with respect to the management of execution, quality, safety, etc.;
6. The term “contracting authority” means the State, a local government, or the head of any public corporation or quasi-governmental institution under Article 5 of the Act on the Management of Public Institutions, the head of any local government-invested public corporation or local government public corporation under the Local Public Enterprises Act, or the heads of any institution prescribed by Presidential Decree, each of which is an entity that awards a contract for construction works or construction technology services;
7. The term “constructor” means a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry;
8. The term “construction engineer” means a person prescribed by Presidential Decree who has the qualifications, educational background or career experience necessary for construction works or construction technology services pursuant to the relevant statutes, such as the National Technical Qualifications Act;
9. The term “construction technology service business entity” means a person registered under Article 26 who provides any construction technology services as a means of business;
10. The term “construction accident” means an accident which occurs in the course of executing a construction work, causing damage to life or property, the scale of which is greater than that prescribed by Presidential Decree;
11. The term “ground exploration” means a series of acts conducted for the purpose of obtaining information on the geological structure, ground condition, soil characteristics, etc. of an area in which a construction work is to be executed.
 Article 3 (Master Plans for Advancement of Construction Technology)
(1) The Minister of Land, Infrastructure and Transport shall establish a master plan for the advancement of construction technologies (hereinafter referred to as “master plan”) every five years to encourage research and development of construction technologies, to facilitate the efficient use of the outcomes therefrom, and to ensure the promotion of the relevant industry.
(2) The master plan under paragraph (1) shall include the following: <Amended on May 18, 2015; Apr. 30, 2019>
1. Basic objectives of, and direction-setting for, the advancement of construction technology;
2. Measures for promoting the development of construction technology and utilizing such technology;
3. Management of information on construction technology;
4. Supply of and demand for personnel involved with construction technology and use thereof, as well as the improvement of their technical capabilities;
5. Fostering research institutes specializing in construction technology;
6. Structural sophistication of the construction technology services industry;
7. Matters concerning support for the overseas performance, international exchanges, etc. of construction technology services;
8. Matters concerning support for construction technology service business entities;
9. Matters concerning environmental management in relation to construction works;
10. Matters concerning safety management and quality control of construction works;
11. Other important matters concerning the advancement of construction technologies.
(3) Where the Minister of Land, Infrastructure and Transport formulates a master plan under paragraph (1), he or she shall consult with the heads of the related central administrative agencies in advance, and refer the plan to the Central Deliberation Committee on Construction Technology established under the Ministry of Land, Infrastructure and Transport pursuant to Article 5, for deliberation. The same shall also apply where the Minister changes any of the details of the master plan prescribed by Presidential Decree.
(4) The heads of related administrative agencies shall formulate annual implementation plans (hereinafter referred to as “implementation plans”) of the master plan and implement them after notifying the Minister of Land, Infrastructure and Transport.
(5) Except as provided in paragraphs (1) through (4), those matters necessary for formulating and implementing the master plan and implementation plans shall be prescribed by Presidential Decree.
(6) The Minister of Land, Infrastructure and Transport may, if necessary for the advancement of construction technologies, formulate basic plans for each field of construction technology, including the management of information on construction technologies, the management of construction technology personnel, and the environmental management, safety management, and quality control of construction works. <Newly Inserted on May 18, 2015>
 Article 4 (Adjustment of Important Policies Related to Construction Technology)
Where the Minister of Land, Transport and Maritime Affairs deems that important policy projects, dispositions, etc. performed or taken by the head of a relevant administrative agency in respect of construction technology could hinder the implementation of a master plan, the Minister may request adjustment thereof by the head of the relevant administrative agency.
 Article 5 (Deliberation Committees on Construction Technology)
(1) A Central Deliberation Committee on Construction Technology (hereinafter referred to as the “Central Deliberation Committee”) shall be established in the Ministry of Land, Infrastructure and Transport, and a local deliberation committee on construction technology (hereinafter referred to as “local deliberation committee”) in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as “Si/ Do”) to deliberate on matters concerning construction technology, including advancement, development, and utilization thereof.
(2) Notwithstanding paragraph (1), a Special Deliberation Committee on Construction Technology (hereinafter referred to as “Special Deliberation Committee”) shall be established within the Ministry of National Defense to deliberate on matters concerning designs related to construction works for national defense facilities and military installations.
(3) Matters necessary for the composition, functions, operation, etc. of the Central Deliberation Committee shall be determined by the Minister of Land, Infrastructure and Transport, after consulting with the heads of related central administrative agencies in conformity with the standards prescribed by Presidential Decree, while matters necessary for the composition, functioning, operation, etc. of each Local Deliberation Committee shall be determined by ordinances of the relevant Si/Do, and where the Special Deliberation Committee is established, matters necessary for its composition, functions, operation, etc. shall be determined by the Minister of National Defense, in conformity with the standards prescribed by Presidential Decree.
 Article 6 (Consultative Committee on Technology)
(1) A contracting authority may establish a consultative committee on technology to respond to requests from the relevant contracting authority for technological consultation with regard to the adequacy of design, execution, etc.
(2) Matters necessary for the composition, functioning, operation, etc. of the consultative committee on technology under paragraph (1), shall be determined by the relevant contracting authority in conformity with the standards prescribed by Presidential Decree.
CHAPTER II SUPPORT FOR RESEARCH AND DEVELOPMENT OF CONSTRUCTION TECHNOLOGY
 Article 7 (Projects for Construction Technology Research and Development)
(1) For the purpose of improving construction technologies and implementing the master plan efficiently, the Minister of Land, Infrastructure and Transport may conclude an agreement with an institution or organization prescribed by Presidential Decree and perform a project for construction technology research and development, as necessary for the development of construction technology.
(2) For the expenses necessary for a project for construction technology research and development under paragraph (1), contributions by the Government or non-governmental entities, or technology development funds of enterprises shall be appropriated.
(3) Matters necessary for the methods of concluding an agreement under paragraph (1), and the payment, use, and management of the contributions under paragraph (2) shall be prescribed by Presidential Decree.
 Article 8 (Recommendation of Research and Development of Construction Technology)
For the introduction, research, and development of new construction technologies, the Minister of Land, Infrastructure and Transport may recommend any of the following persons to establish and operate an affiliated research institute, to conduct joint research activities, to exchange information, to do other related activities, and to make investments for developing technologies as prescribed by Presidential Decree: <Amended on Apr. 30, 2019>
1. A public institution under the Act on the Management of Public Institutions, the head of the competent agency of which is the Minister of Land, Infrastructure and Transport;
2. A constructor;
3. A construction technology service business entity.
 Article 9 (Joint Research and Development)
For the purpose of efficiently utilizing the human resources, funds, testing facilities, and technological information of public institutions, corporations, organizations, or universities and colleges related to research and development of construction technology (including affiliated research institutes thereof; hereinafter referred to as “construction technology research institutions”), as well as for the purpose of acquiring advanced construction technology, the Minister of Land, Infrastructure and Transport may conduct joint research with the head of any related central administrative agency or support research and development of construction technology conducted by construction technology research institutions.
 Article 10 (Support in Relation to Research Facilities and Equipment)
The Minister of Land, Infrastructure and Transport may, in order to expand research infrastructure for construction technology, support the securing, management and common use of research facilities and equipment of construction technology research institutions, or may formulate and implement policies necessary therefor.
 Article 10-2 (Revitalization of Convergent or Integrated Construction Technology)
(1) The Minister of Land, Infrastructure and Transport shall formulate policies to facilitate the development, dissemination and utilization of technologies that converge or integrate construction technologies with technologies in other fields, such as information and communications, electronics, and machinery (hereinafter referred to as "convergent or integrated construction technology").
(2) The Minister of Land, Infrastructure and Transport may establish and operate smart construction support centers to vitalize convergent or integrated construction technologies.
(3) A smart construction support center shall perform the following duties:
1. Developing policies on convergent or integrated construction technologies;
2. Research, development, and dissemination of convergent or integrated construction technologies;
3. Verification and demonstration of convergent or integrated construction technologies;
4. Assistance in the startup of new business relating to convergent or integrated construction technologies and the collection and management of information thereof;
5. Surveys and analysis of domestic and overseas trends in convergent or integrated construction technologies and market information;
6. Other matters necessary for invigorating convergent or integrated construction technologies, as prescribed by Presidential Decree.
(4) The Minster of Land, Infrastructure and Transport may entrust the operation of a smart construction support center to a specialized agency prescribed by Presidential Decree.
(5) The Minster of Land, Infrastructure and Transport may provide funds for expenses necessary for operating smart construction support centers, within the budget.
(6) Matters necessary for the establishment and operation of smart construction support centers and the payment limits, use, and management of the contributions under paragraph (5) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 27, 2019]
 Article 11 (Technology Evaluation Institution)
(1) The Government may establish a technology evaluation institution for efficiently supporting construction technology research and development projects.
(2) The technology evaluation institution shall be a body corporate.
(3) The technology evaluation institution shall be duly formed upon registration for its incorporation at the seat of its principal place of business.
(4) The technology evaluation institution shall conduct the following projects:
1. Evaluation and management of construction technology research and development projects;
2. Demand surveys, planning, and technology forecasts with respect to construction technology research and development;
3. Examination and management of new technologies in the field of construction;
4. Projects designated as tasks of the technology evaluation institution according to other statutes;
5. Other projects prescribed by Presidential Decree, related to development and utilization of construction technologies.
(5) The technology evaluation institution may conduct profit-making projects to raise funds for expenses necessary for achievement of the objective under paragraph (1).
(6) The Minister of Land, Infrastructure and Transport may contribute or subsidize, within the budget, all or part of those expenses necessary for the technology evaluation institution to conduct the projects under paragraph (4).
(7) Except as otherwise expressly prescribed in this Act, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to the technology evaluation institution.
 Article 12 (Conduct of Pilot Projects)
(1) Where the Minister of Land, Infrastructure and Transport deems it necessary for promoting the utilization and dissemination of any construction technology developed through construction technology research and development projects under Article 7, he or she may conduct a pilot project in which such construction technology is applied.
(2) The Minister of Land, Infrastructure and Transport may give financial, administrative, and technical assistance to contracting authorities or construction technology research institutions which participate in pilot projects under paragraph (1).
(3) The establishment of, implementation procedure for, the plan and other matters for a pilot project under paragraph (1) shall be prescribed by Presidential Decree.
 Article 13 (Recommendation of Utilization of Developed Technologies)
The Minister of Land, Infrastructure and Transport may recommend a contracting authority to preferentially utilize any construction technology which proves to be excellent in a pilot project under Article 12 at a construction work executed by the contracting authority.
 Article 14 (Designation and Utilization of New Technology)
(1) Where the Minister of Land, Infrastructure and Transport, upon receipt of an application for evaluation from a person who has first developed any construction technology in Korea or who has improved any existing construction technology, evaluates the relevant construction technology and then finds that it has novelty, progressiveness, and field applicability, he or she may designate it as a new construction technology (hereinafter referred to as a “new technology”) and publicly notify the fact.
(2) If deemed necessary to protect a person who has developed a new technology (hereinafter referred to as a “technology developer”), the Minister of Land, Infrastructure and Transport may determine the period of protection during which the technology developer is entitled to receive royalties for use of the technology, or protect him or her in any other manner.
(3) A technology developer may file an application for the extension of the protection period of any new excellent technology with the Minister of Land, Infrastructure and Transport, together with its utilization records, and the Minister may extend the protection period after verifying the utilization records. In such cases, necessary matters concerning the presentation of utilization records, verification, extension of the protection period, etc. shall be prescribed by Presidential Decree.
(4) The Minister of Land, Infrastructure and Transport may recommend a contracting authority to conduct a performance test of equipment or the like or a pilot construction with construction methods and others in relation to new technologies and the technologies subject to an application for designation as new technology pursuant to paragraph (1); and if the results of performance testing and pilot construction are excellent in the case of a new technology, he or she may require a preferential application of the new technology to construction works implemented by the contracting authority in order to facilitate the use of new technologies. <Amended on Aug. 27, 2019>
(5) Where any new technology is found to be excellent in terms of constructability, economic feasibility, etc. in comparison with the existing construction technologies, a contracting authority shall preferentially apply such new technology to the construction works executed by it. <Newly Inserted on Dec. 29, 2015>
(6) A contracting officer of a contracting authority of a construction work that applies to a new technology or technology subject to an application for designation as new technology under paragraph (1), or a person in charge of construction work, such as design, shall not be liable for any loss caused by the application of the relevant technology, unless it is proved that the loss results from intention or gross negligence on the part of the person. <Newly Inserted on Dec. 29, 2015; Aug. 27, 2019>
(7) Where necessary for the improvement of the performance or quality of any new technology, the Minister of Land, Infrastructure and Transport may recommend the technology developer who is entitled to protection in accordance with paragraph (2) to improve the new technology. <Amended on Dec. 29, 2015>
(8) Matters necessary for the evaluation methods, designation procedures, etc. of new technologies under paragraph (1), and the protection content, royalties, protection period, utilization methods, etc. of new technologies under paragraph (2) and recommendation for a pilot construction and the like under paragraph (4) shall be prescribed by Presidential Decree. <Amended on Dec. 29, 2015; Aug. 27, 2019>
 Article 14-2 (Agreement for Use of New Technology)
(1) A technology developer may conclude an agreement for use of new technology (hereinafter referred to as "agreement for use of new technology") with a person who meets the requirements prescribed by Presidential Decree among constructors. In such cases, a technology developer or a person who has concluded an agreement for use of new technology may file an application for issuance of a certificate regarding the agreement on the use of new technology with the Minister of Land, Infrastructure and Transport, along with documents prescribed by Presidential Decree. <Amended on Apr. 30, 2019>
(2) Upon receipt of an application under the latter part of paragraph (1), the Minister of Land, Infrastructure and Transport shall issue a certificate regarding the agreement for use of new technology after verifying whether the person who entered into the agreement for use of new technology meets the requirements prescribed in the former part of the same paragraph.
(3) The period of an agreement for use of new technology shall not exceed the period for protecting the relevant new technology.
(4) In addition to matters prescribed in paragraphs (1) thorough (3), details of an agreement for use of new technology shall be prescribed and publicly notified by the Minister of Land, infrastructure and Transport, in conformity with the standards prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 31, 2018]
 Article 15 (Revocation of Designation of New Technology)
If any new technology falls under any of the following, the Minister of Land, Infrastructure and Transport shall revoke the designation thereof:
1. Where designation thereof is achieved by fraud or other improper means;
2. Where it is impossible to apply it to construction works, owing to any substantial defects of its content.
 Article 16 (Management of Construction Technology Introduced from Overseas)
(1) The Minister of Land, Infrastructure and Transport shall manage construction technologies introduced from overseas under the Foreign Investment Promotion Act, as prescribed by Presidential Decree, so that such technologies may be used efficiently.
(2) Where a contracting authority awards a contract for any construction works or construction technology service project through international competitive bid, it may accord substantial preference to a person capable of providing domestically required new construction technologies over any other person. In such cases, whether it is a new technology domestically required shall be determined through deliberation of the Central Deliberation Committee.
(3) Matters necessary for the preferential treatment in awarding a contract under paragraph (2) shall be prescribed by Presidential Decree.
 Article 17 (International Exchanges and Cooperation)
The Minister of Land, Infrastructure and Transport may implement the following projects, if deemed necessary for promoting international cooperation on construction technology development as well as for advancing into overseas construction technology markets:
1. Investigation and research into international cooperation on the development of construction technology;
2. International exchanges of manpower and information for the development of construction technology;
3. Joint development of construction technology with foreign colleges and universities and research institutes and organizations;
4. Opening overseas markets by utilizing developed construction technologies;
5. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, for the purpose of promoting international exchanges and cooperation for the development of construction technologies.
 Article 18 (Building of Construction Technology Information System)
(1) The Minister of Land, Infrastructure and Transport shall prepare a comprehensive distribution system for construction technology-related materials and information which fall under any of the following, and shall, for the dissemination and spread thereof, build and operate a construction technology information system, as prescribed by Presidential Decree: <Amended on Aug. 14, 2018>
1. Materials related to construction technology published or prepared by contracting authorities;
2. Materials concerning the designation, utilization, etc. of new technologies under Article 14;
3. Materials concerning the places of work, career backgrounds, etc. of construction engineers under Article 21;
4. Matters concerning registration, etc. of construction technology service businesses under Article 26;
5. Materials concerning the management of performance records of construction technology service under Article 30;
6. Materials concerning the evaluation, etc. of construction technology services and construction works under Article 50;
7. Materials concerning ex post evaluation of construction works under Article 52;
8. Materials concerning measurement of defectiveness of construction works under Article 53.
(2) Where the head of any central administrative agency, local government, public corporation, or quasi-governmental entity publishes or prepares materials related to construction technology prescribed by Presidential Decree, the Minister of Land, Infrastructure and Transport may request him or her to provide the said materials for the purpose of building the construction technology information system under paragraph (1). In such cases, the head so requested shall comply with such request unless there is good reason.
(3) Matters necessary for the method, procedure, etc. for delivery of those materials related to construction technology under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 19 (Building of Integrated Information System to Support Construction Works)
(1) The Minister of Land, Infrastructure and Transport shall establish a basic plan for building an integrated information system to support construction works (hereinafter referred to as "plan for building the integrated information system") to promote the informatization of construction work processes and ensure efficient use of the outcomes thereof.
(2) The plan for building the integrated information system shall include the following matters:
1. Basic objectives and implementation direction-setting for the construction works informatization;
2. Policies for promoting informatization of construction work processes;
3. Implementation of joint projects and standardization for building the integrated information system to support construction works;
4. Research and development and technical assistance for building the integrated information system to support construction works;
5. Promoting common utilization of information through the integrated information system to support construction works;
6. Other matters necessary for promoting informatization of construction works.
(3) When formulating a plan for building the integrated information system, the Minister of Land, Infrastructure and Transport shall refer it to the Central Deliberation Committee for deliberation after consulting with the heads of related central administrative agencies. The same shall also apply where the Minister intends to modify any of the matters referred to in subparagraphs 1 through 3 of paragraph (2) or any other matters prescribed by Presidential Decree in the plan for building the integrated information system.
(4) When formulating a plan for building the integrated information system, the Minister of Land, Infrastructure and Transport shall have it linked with a comprehensive plan for an intelligent informatization society under Article 6 of the Framework Act on Intelligent Informatization and an implementation plan for an intelligent informatization society under Article 7 of the same Act. <Amended on Jun. 9, 2020>
(5) The Minister of Land, Infrastructure and Transport may request the heads of related institutions, including related central administrative agencies, local governments, public institutions under the Act on the Management of Public Institutions, to provide materials or information necessary to build and operate the integrated information system to support construction works. In such cases, the head of an institution requested to provide the materials and information shall comply with such request unless there is good cause.
(6) The Minister of Land, Infrastructure and Transport may designate and publicly notify a specialized institution which is in charge of affairs related to the building and operation of the integrated information system to support construction works. In such cases, the Minister may contribute financial resources which the head of the said institution is to appropriate for the necessary project costs.
(7) The matters necessary for management of the specialized institution under Paragraph (6), and for building, operating, etc. of the integrated information system to support construction works shall be prescribed by Presidential Decree.
CHAPTER III FOSTERING OF CONSTRUCTION ENGINEERS
 Article 20 (Fostering of Construction Engineers)
(1) If necessary for efficiently utilizing construction engineers and improving their technological capability, the Minister of Land, Infrastructure and Transport may formulate and implement policies for fostering, education, and training of construction engineers. <Amended on Aug. 14, 2018>
(2) In order to acquire capabilities and knowledge necessary for performing their job, construction engineers prescribed by Presidential Decree shall receive education and training conducted by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. In such cases, the Minister of Land, Infrastructure and Transport may use the performance results of such education and training to grade construction engineers under Article 21 (2). <Amended on Jun. 12, 2018; Aug. 14, 2018>
(3) An employer who employs any construction engineer required to receive education and training under the former part of paragraph (2) shall bear the expenses necessary for the engineer to receive such education and training, and shall not disadvantage the construction engineer on that account. <Amended on Jun. 12, 2018; Aug. 14, 2018>
(4) Except as provided in paragraphs (1) through (3), details necessary for nurturing construction engineers and their education and training shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 31, 2018; Jun. 9, 2020>
[Title Amended on Aug. 14, 2018]
 Article 20-2 (Performance of Education and Training by Proxy)
(1) The Minister of Land, Infrastructure and Transport may require public institutions under the Act on the Management of Public Institutions or institutions or organizations related to construction technology prescribed by Presidential Decree to provide education and training under the former part of Article 20 (2) on his or her behalf, to foster construction engineers.
(2) A person who intends to vicariously perform education and training pursuant to paragraph (1) shall file an application with the Mayor/Do Governor after satisfying the requirements prescribed by Presidential Decree for education facilities, faculties, etc.
(3) The Minister of Land, Infrastructure and Transport may partially subsidize expenses incurred in providing education and training by persons who vicariously conduct education and training under paragraph (1) (hereinafter referred to as "educational and training institution").
(4) Except as provided in paragraphs (1) through (3), details necessary for providing education and training by proxy shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted on Jun. 9, 2020]
 Article 20-3 (Effective Period of Education and Training by Proxy and Renewal)
(1) The effective period of proxy under Article 20-2 (1) shall be three years.
(2) Where an education and training institution intends to continue to serve as a proxy after the effective period of proxy expires, it shall renew such proxy subject to examination by the Minister of Land, Infrastructure and Transport before the effective period expires.
(3) An educational and training institution which intends to renew proxy pursuant to paragraph (2) shall file an application for the renewal of proxy with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) Except as provided in paragraphs (1) through (3), details necessary for the effective period and renewal of proxy shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted on Jun. 9, 2020]
 Article 20-4 (Cancellation of Education and Training by Proxy)
(1) Where an education and training institution falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke its designation of proxy to perform education and training or issue an order for suspension or improvement for a fixed period not exceeding one year: Provided, That where he or she falls under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke the designation:
1. Where it has become an education and training institution by fraud or other improper means;
2. Where it fails to meet the requirements prescribed by Presidential Decree, such as educational facilities and faculties;
3. Where the educational and training institution conducts education and training during the period of suspension of proxy;
4. Where it fails to comply with an order for improvement in educational or training by proxy;
5. Other cases where it is inappropriate to perform education and training by proxy and which fall under the grounds prescribed by Presidential Decree.
(2) If educational or training by proxy is revoked under paragraph (1) and if it falls under any of the following subparagraphs, it shall not file an application for education or training by proxy before three years elapse from the date of such revocation:
1. Where it intends to apply for education and training by proxy at a place where the education and training by proxy is revoked pursuant to paragraph (1);
2. Where a person (in cases of a corporation, including the representative thereof) who has established and operated an educational and training institution, for whom education and training by proxy has been revoked pursuant to paragraph (1), intends to apply for education and training by proxy.
[This Article Newly Inserted on Jun. 9, 2020]
 Article 20-5 (Management of Education and Training)
The Minister of Land, Infrastructure and Transport may conduct the following affairs to improve the effectiveness of education and training under the former part of Article 20 (2):
1. Matters concerning support for education and training;
2. Matters concerning the management of education and training plans;
3. Evaluating the operation of education and training institutions;
4. Other matters necessary for enhancing the effectiveness of education and training.
[This Article Newly Inserted on Jun. 9, 2020]
 Article 20-6 (Entrustment of Education and Training Affairs)
(1) The Minister of Land, Infrastructure and Transport may fully or partially entrust the following duties to persons prescribed by Presidential Decree:
1. Matters concerning education and training by proxy under Article 20-2;
2. Matters concerning renewal of education and training by proxy under Article 20-3;
3. Matters concerning the revocation of education and training by proxy under Article 20-4;
4. Matters concerning the management of education and training under Article 20-5.
(2) The Minister of Land, Infrastructure and Transport may support expenses necessary for the entrustment of the affairs under paragraph (1).
(3) The scope of affairs to be entrusted under paragraphs (1) and (2), subsidization of expenses, procedures for entrustment, and other matters necessary for entrusting education and training affairs shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted on Jun. 9, 2020]
 Article 21 (Reporting by Construction Engineers)
(1) A person engaged in construction works or construction technology service, who intends to be recognized as a construction engineer shall report to the Minister of Land, Infrastructure and Transport on matters necessary for managing his or her place of work, career background, academic background, qualification, and other information (hereinafter referred to as “place of work, career background, etc.”). The same shall also apply to any change in reported matters. <Amended on Aug. 14, 2018>
(2) Where the Minister of Land, Infrastructure and Transport receives reports under paragraph (1), he or she shall keep and manage records regarding the place of work, career background, etc. of a construction engineer, may grade construction engineers based on the details of such report and, upon receipt of an application therefor from the relevant construction engineer, may issue him or her a certificate of construction engineer grade, place of work, career background, etc. (hereinafter referred to as “certificate of construction technology career”). <Amended on Jun. 12, 2018; Aug. 14, 2018>
(3) For ascertaining the contents reported under paragraph (1), the Minister of Land, Infrastructure and Transport may request the head of any related entity, such as a central administrative agency, a local government, a school under Article 2 of the Elementary and Secondary Education Act or under Article 2 of the Higher Education Act, a contracting authority, and construction-related company to which the reporting construction engineer belongs, to submit related materials. In such cases, the head of an entity so requested shall comply with such request in the absence of special circumstances. <Amended on Aug. 14, 2018>
(4) The head of any administrative agency who intends to grant authorization, permission, registration, license, etc. under any related statute such as the Framework Act on the Construction Industry shall, if it is necessary to verify the place of work, career, etc. of a construction engineer, receive confirmation from the Minister of Land, Infrastructure and Transport. <Amended on Aug. 14, 2018>
(5) Matters necessary for reporting by construction engineers, the issuance and management of certificates of construction technology career, notification of the current status of construction engineers, etc. under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 14, 2018>
[Title Amended on Aug. 14, 2018]
 Article 22 (Mutual Recognition of Construction Engineers’ Qualifications between States)
Where it is deemed that the level of qualification requirements in any foreign state or of internationally prevailing counterpart is equivalent to the level of qualification requirements of construction engineers under this Act and thus interchange of business and other exchanges are possible, the State may recognize construction engineers on a mutual basis in conformity with an international agreement, etc. concluded between the State and a foreign country. <Amended on Aug. 14, 2018>
[Title Amended on Aug. 14, 2018]
 Article 22-2 (Performance of Services by Construction Engineers)
(1) A construction engineer shall comply with requests for construction management, etc. made by the project owner or the construction engineer who performs management of the relevant construction project.
(2) No project owner or user who employs a construction engineer shall request of the construction engineer anything not in conformity with the relevant statutes or the contents of the design documents, specifications, and other related documents; a construction engineer who receives such unjust request may reject any such request, while stating the reasons for rejection. In such case, the project owner or the user who employs the construction engineer shall not disadvantage the construction engineer on that account. <Amended on Jun. 9, 2020>
(3) An organization for construction engineers established under Article 69 (1) may enact and publish a charter of rights for construction engineers to provide for basic matters concerning performance of services by construction engineers such as their rights and responsibilities.
[This Article Newly Inserted on Aug. 14, 2018]
 Article 23 (Prohibition on Lending Construction Engineer’s Name)
(1) No construction engineer shall allow any other person to perform construction works or construction technology service by using his or her name, or lend his or her certificate of construction technology career. <Amended on Aug. 14, 2018>
(2) No one shall conduct construction works or construction technology service by using another person’s name or borrow another person's certificate of construction technology career.
(3) No one shall arrange any act prohibited by paragraph (1) or (2).
[Title Amended on Aug. 14, 2018]
 Article 24 (Suspension of Construction Engineer's Service)
(1) Where a construction engineer falls under any of the following, the Minister of Land, Infrastructure and Transport may suspend his or her performance of construction works or construction technology service for a fixed period not exceeding two years: <Amended on Aug. 14, 2018; Dec. 31, 2018>
1. In cases of falsely reporting the place of work, career, etc. when filing a report or modification report of any matter under Article 21 (1);
2. In cases of having another person conduct construction works or construction technology service by using his or her own name, or lending his or her own certificate of construction technology career in violation of Article 23 (1);
3. In cases of receiving a directive for correction under paragraph (2) three or more times;
3-2. Where a construction engineer who is required to prepare a report under the former part of Article 39 (4) (hereinafter referred to as "construction project management report") pursuant to the latter part of the same paragraph falls under any of the following:
(a) Where he or she fails to prepare a construction project management report without good cause;
(b) Where the construction management report has been prepared falsely;
(c) Where details of construction, inspection, test, etc. of the main structural elements of the relevant construction work are omitted in a construction project management report;
4. In cases of failing to complying with any reasonable order for correction of a project owner or construction engineer who performs management of the relevant construction project, with respect to construction management, etc.;
5. In cases of hindering the execution of construction work, owing to leaving arbitrarily the site of construction work without any justifiable ground;
6. In cases of damaging the property of the contracting authority by intention or gross negligence;
7. In cases of being requested by any other administrative agency to suspend business pursuant to statutes.
(2) A contracting authority shall, where a construction work is likely to be defective because a construction engineer fails to conscientiously perform the service, take necessary measures such as a directive for correction against such construction engineer, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall submit the results thereof to the Minister of Land, Infrastructure and Transport. <Amended on Aug. 14, 2018>
(3) Where a construction engineer falls under any of the subparagraphs of paragraph (1), a contracting authority and the head of an administrative agency granting permission, authorization, approval, etc. (hereinafter referred to as “authorizing or permitting agency”) shall notify the Minister of Land, Infrastructure and Transport thereof, and in cases of taking a disposition to suspend business of the construction engineer under paragraph (1), the Minister shall notify the content thereof to the relevant contracting authority and the head of the relevant authorizing or permitting agency. <Amended on Aug. 14, 2018>
(4) A construction engineer subject to a disposition suspending performance of business under paragraph (1) shall return his or her certificate of construction technology career, without delay, to the Minister of Land, Infrastructure and Transport, and the Minister shall take necessary measures, such as modification, deletion, etc. of the records on the place of work, career, etc. <Amended on Aug. 14, 2018>
(5) The standards for suspending business under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[Title Amended on Aug. 14, 2018]
CHAPTER IV CONSTRUCTION TECHNOLOGY SERVICE
SECTION 1 Construction Technology Service Business
 Article 25 (Fostering Construction Technology Service Business)
(1) If necessary for the improvement of the level of technology in relation to construction technology service, and the sound development and advancement of the construction technology service business, the Minister of Land, Infrastructure and Transport may formulate and implement policies for fostering and supporting the construction technology service business in consideration of characteristics of the construction industry, after consulting with the Minister of Trade, Industry and Energy and the heads of related central administrative agencies.
(2) The Minister of Land, Infrastructure and Transport may provide the following support to construction technology service business entities for the purpose of fostering the construction technology service business: <Amended on Aug. 14, 2018; Apr. 30, 2019>
1. Utilization of construction technologies developed through a research and development project under Article 7;
2. Provision of materials and information concerning construction technology through the construction technology information system under Article 18;
3. Provision of information concerning domestic and overseas construction technology-related human resources;
4. Professional education for construction engineers;
5. Other matters deemed necessary for the sound development and advancement of the construction technology service business.
 Article 26 (Registration of Construction Technology Service Business)
(1) A person who intends to conduct any construction technology service business shall be qualified for specified sectors and make 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 a “Mayor/Do Governor”): Provided, That a person who intends to be registered for planning, research or design, among construction technology services for which a contracting authority awards a contract, shall be an engineering business operator under subparagraph 4 of Article 2 of the Engineering Industry Promotion Act, or a professional engineer under Article 6 (1) of the Professional Engineers Act.
(2) A Mayor/Do Governor shall issue a registration certificate to construction technology service business entities as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 30, 2019>
(3) Where any matter registered under paragraph (1) is modified, a construction technology services business entity shall register modification within the period as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply to modifications of minor matters determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 30, 2019>
(4) In cases of temporarily or permanently closing its business, a construction technology service business entity shall make a report thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, a Mayor/Do Governor who has received the report of permanent closure shall revoke the registration. <Amended on Apr. 30, 2019>
(5) Where a construction technology service business entity makes a registration or modification registration, or a Mayor/Do Governor receives a report of temporary or permanent closure of business from a construction technology service business entity, the Mayor/Do Governor shall notify the Minister of Land, Infrastructure and Transport thereof. <Amended on Apr. 30, 2019>
(6) The classification of specialized fields of the construction technology service business, registration requirements by specialized field, the scope of services and other matters under the main sentence of paragraph (1) shall be prescribed by Presidential Decree.
(7) Matters necessary for registration and modification registration, procedures for temporary or permanent closure, etc. of the construction technology service business shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 27 (Grounds for Disqualification)
None of the following persons shall be eligible for registration under Article 26 (1): <Amended on Dec. 29, 2015>
1. Where he or she is a person under adult guardianship;
2. A person who was declared bankrupt but is not yet reinstated;
3. A person for whom one year has not yet passed since the disposition to revoke registration under Article 31 (1): Provided, That this shall not apply where the registration of a construction technology service business is revoked due to falling under subparagraph 1, 2 or 4 of this Article;
4. A corporation whose representative falls under subparagraph 1 or 2.
 Article 28 (Duties of Construction Technology Service Business Entities)
(1) Construction technology service business entities and construction engineers conducting such construction technology service shall conscientiously and appropriately conduct the service in conformity with the related statues. <Amended on Aug. 14, 2018; Apr. 30, 2019>
(2) No construction technology service business entity shall have another person conduct the construction technology services by using its name or trade name or lend another person its certificate of registration. <Amended on Apr. 30, 2019>
[Title Amended on Apr. 30, 2019]
 Article 29 (Business Transfer of Construction Technology Service Business Entities)
(1) In any of the following cases, a construction technology service business entity shall file a report to the Mayor/Do Governor as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Apr. 30, 2019>
1. Where a construction technology service business entity intends to transfer its business;
2. Where corporate construction technology service business entities intend to merge.
(2) A Mayor/Do Governor in receipt of a report prescribed in paragraph (1) shall notify the reporting person of acceptance or non-acceptance of the report not later than 30 days after the date of receipt of the report. <Newly Inserted on Dec. 31, 2018>
(3) Where a Mayor/Do Governor fails to notify a reporting person of acceptance or non-acceptance of a report or of the extension of the handling period prescribed by the statutes and regulations pertaining to civil petitions within the period prescribed in paragraph (2), he or she shall be considered to accept the report on the date following the date on which the period (in cases where the period of handling civil petitions is extended or re-extended pursuant to statutes and regulations pertaining to civil petitions, referring to the relevant period of handling) expires. <Newly Inserted on Dec. 31, 2018>
(4) Any of the following persons shall succeed to the rights and obligations with respect to the registration of a construction technology service business from the time when the report under paragraph (1) is accepted (including where the report is deemed to have been accepted under paragraph (3)) after fulfilling the registration requirements under Article 26 (1): <Amended on Dec. 31, 2018; Apr. 30, 2019>
1. Where a construction technology service business entity transfers its business, the transferee;
2. Where construction technology service business entities merge together, the corporation which continues to exist after the merger or which is established by the merger.
(5) A person who succeeds the rights and obligations with respect to registration of any previous construction technology service business entity under paragraph (4) shall also succeed to the performance records of the previous construction technology services. <Amended on Dec. 31, 2018>
[Title Amended on Apr. 30, 2019]
 Article 30 (Management of Performance Records of Construction Technology Services)
(1) The Minister of Land, Infrastructure and Transport shall manage the following status and performance to foster construction technology service business in a systematic manner: <Newly Inserted on Nov. 26, 2019>
1. Status of construction technology service business entities;
2. Records of construction technology services for which a contracting authority awards a contract;
3. Performance of services prescribed by Presidential Decree, among performance records of construction technology services ordered by the project owner.
(2) Where a contracting authority concludes or modifies any contract for construction technology services for which it has awarded and where the construction technology service is completed, it shall notify the fact to the Minister of Land, Infrastructure and Transport within 10 days. <Amended on Nov. 26, 2019>
(3) The Minister of Land, Infrastructure and Transport may disclose the current status of construction technology service business entities and the performance records of construction technology service under paragraph (1), enabling a project owner to select an appropriate construction technology service business entity. <Amended on Apr. 30, 2019; Nov. 26, 2019>
(4) Matters necessary for, among other things, managing, notifying, and disclosing the status and performance records of construction technology services under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended on Nov. 26, 2019>
 Article 31 (Revocation of Registration of Construction Technology Service Business Entities)
(1) Where any construction technology service business entity falls under any of the following cases, the Mayor/Do Governor may revoke his or her registration or order him or her to fully or partially suspend his or her business for a fixed period of not more than one year: Provided, That, where he or she falls under any of subparagraphs 1 through 5, his or her registration shall be revoked: <Amended on Jun. 12, 2018; Jan. 15, 2019; Apr. 30, 2019; Jun. 9, 2020>
1. In cases of obtaining registration under Article 26 (1) by fraud or improper means;
2. In cases of receiving disposition of suspending services or imposing penalty surcharges under Article 32 on at least three occasions during the preceding five years;
3. In cases of conducting construction technology services during a period of suspension of business: Provided, That this shall not apply, in cases of conducting construction technology service under Article 33;
4. In cases of falling under any of the grounds for disqualification under Article 27, after having been registered as a construction technology service business entity: Provided, That this shall not apply where a corporation falling under subparagraph 4 of Article 27 is relieved of the ground within three months from the date the ground arises;
5. In cases of having another person conduct construction technology service by using its name or trade name, or lending the certificate of registration to another person, in violation of Article 28 (2);
6. In cases of participating in a bid by fraud or other improper means, such as forgery or falsification of documents for pre-qualification (PQ) under Article 35 (2);
7. In cases of failing to redress any unfulfilled part of the registration standards under Article 26 (1), within 50 days from the date on which it has come to fail to satisfy the registration standards after having been registered as a construction technology service business entity;
8. In cases of causing any serious accident under subparagraph 2 of Article 2 of the Occupational Safety and Health Act, doing damage to the property of a contracting authority, injuring any other people, or causing a defect in a construction work by intention or negligence;
9. In cases of being asked by another administrative agency to revoke its registration or suspend its business under other statutes or regulations.
(2) Where a construction technology service business entity falls under any of the following, a Mayor/Do Governor may issue an order to suspend its business for a fixed period not exceeding 6 months: <Amended on Jan. 19, 2016; Aug. 9, 2017; Aug. 14, 2018; Dec. 31, 2018; Apr. 30, 2019>
1. In cases of failing to purchase insurance or to subscribe to a mutual aid under Article 34 (2);
2. In cases of entering into a subcontract without approval of a contracting authority under Article 35 (4);
3. In cases of failing to comply with an order to report or submit related materials under Article 38 (2);
4. In cases of refusing, obstructing, or evading inspection under Article 38 (3);
5. In cases a construction technology service business entity which performs construction project management falls under any of the following items:
(a) Where a person fails to submit a construction project management report, or falsifies and submits a construction project management report prepared by a construction engineer under the latter part of Article 39 (4), or submits a construction project management report while aware of the omission of information on the construction, inspection, test, etc. of main structural elements of the relevant construction works in the construction project management report;
(b) In cases of taking a measure such as an order for a contractor to re-execute, to suspend construction and failing to report the measure to the contracting authority pursuant to Article 40 (3);
(c) In cases of failing to report the review results of design documents under Article 48 (2);
(d) In cases of failing to conscientiously performing the guidance and supervision of quality management of construction works [limited to where a constructor or any person who has registered housing construction business under Article 4 of the Housing Act (hereinafter referred to as “registered housing constructor”) fails to implement a quality management plan or quality testing plan under Article 55 (1) (including quality test or inspection under such plan) or fabricates the results of a quality test];
(e) In cases of having a person who is not qualified as a construction engineer or who is not a construction engineer belonging to the relevant construction technology business entity manage a construction project (excluding a person who, despite not being a construction engineer, is granted approval for the job from a contracting authority in advance);
(f) In cases of having a construction engineer who belongs to another construction technology service business entity manage a construction project;
(g) In cases of replacing or arranging a construction engineer who manages a construction project in an unjust manner;
6. In cases of failing to comply with a corrective order under Article 54 (1);
7. In cases where a construction technology service business entity who performs quality testing or inspection services falls under any of the following items:
(a) Where the quality of a construction work or that of materials or members of a framework used in a construction work (hereinafter referred to as “construction materials and members”) is seriously degraded owing to a flaw in a quality test or inspection;
(b) Where it issues a false result of a quality test or inspection;
(c) Where it refuses vicarious execution of a quality test or inspection for not less than three months without justifiable reasons;
(d) Where it orders a person who is not qualified for a construction engineer or is not a construction engineer belonging to it to perform a quality inspection;
(e) Where it fails to perform a quality inspection by using materials sealed or verified by the project owner, or the construction technology service business entity which performs construction project management, in violation of Article 60 (2);
(f) Where it fails to input the content of quality inspection records and quality inspections into an integrated information system for supporting construction works under Article 19, in violation of Article 60 (3);
(g) Where it fails to comply with any measure, such as a corrective order under Article 60 (4).
(3) No construction technology service business entity shall participate in a bid for a construction technology service or win a contract for construction technology service after changing its trade name during a period of suspension of business under paragraphs (1) and (2). <Amended on Apr. 30, 2019>
(4) Where a construction technology service business entity falls under any of the subparagraphs of paragraph (1) or (2), a contracting authority and the head of an authorizing or permitting agency shall notify the fact to the relevant Mayor/Do Governor, and where the Mayor/Do Governor takes any measure such as revocation of registration, suspension of business or imposition of a penalty surcharge pursuant to paragraph (1) or (2), or Article 32 (1), he or she shall notify the contents thereof to the Minister of Land, Infrastructure and Transport, the relevant contracting authority and the head of the authorizing or permitting agency. <Amended on Apr. 30, 2019>
(5) Detailed standards for dispositions under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[Title Amended on Apr. 30, 2019]
 Article 32 (Penalty Surcharges)
(1) In cases of having to order suspension of business under Article 31 (1), a Mayor/Do Governor may impose a penalty surcharge not exceeding 200 million won instead of suspension of business, and in cases of having to order suspension of business under Article 31 (2), he or she may impose a penalty surcharge not exceeding 60 million won in lieu of suspension of business.
(2) If a person subject to an imposition of a penalty surcharge under paragraph (1) fails to pay it within the prescribed period, it shall be collected under the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Mar. 24, 2020>
(3) The amount of penalty surcharges to be imposed according to the type and gravity of violations subject to the imposition of penalty surcharges under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
 Article 33 (Continuation of Business by Construction Technology Service Business Entities under Suspension of Business)
(1) A construction technology service business entity in receipt of a disposition of revocation of registration or suspension of business under Article 31 (1) or (2) may continue to perform the service under a construction technology service contract concluded before that disposition. In such cases, the construction technology service business entity shall notify the contents of the disposition to a project owner for the relevant construction technology service within the period determined by Presidential Decree. <Amended on Apr. 30, 2019>
(2) Where the project owner of construction technology services is notified pursuant to paragraph (1) or becomes aware of the fact, he or she may terminate the contract only within 30 days from the date when he or she is notified of or comes to know the fact. <Amended on Apr. 30, 2019>
[Title Amended on Apr. 30, 2019]
 Article 34 (Compensation for Damage and Defects Liability Bond of Construction Technology Service Business Entity)
(1) A construction technology service business entity shall compensate damage, where it intentionally or negligently causes damage to either any object of the relevant construction technology service or a third party in the course of implementing a contract for construction technology services. <Amended on Jul. 24, 2015; Apr. 30, 2019>
(2) A construction technology service business entity determined by prescribed by Presidential Decree shall purchase insurance or join a mutual aid to guarantee compensation under paragraph (1). In such cases, the contracting authority shall appropriate the expenses incurred in purchasing insurance or joining a mutual aid into the construction technology service costs. <Amended on Apr. 30, 2019>
(3) When concluding a contract for construction project management, the contracting authority shall have a construction technology service business entity deposit defect liability bond money for indemnifying for liability for defects. <Amended on Apr. 30, 2019>
(4) Matters necessary for the terms, types, coverage, method, etc. of insurance or a mutual aid under paragraph (2) shall be prescribed by Presidential Decree.
(5) Matters for the scope of the liability for defects, the method of calculating and depositing the defect liability bond money under paragraph (3) shall be prescribed by Presidential Decree.
[Title Amended on Apr. 30, 2019]
 Article 35 (Construction Technology Service Projects Executed by Contracting Authority)
(1) When a contracting authority implements a construction technology service project of at least the scale prescribed by Presidential Decree, it shall formulate and publicly announce an implementation plan, as prescribed by Presidential Decree. <Amended on Dec. 31, 2018>
(2) A project publicly announced pursuant to paragraph (1) shall be assigned to a construction technology service business entity selected in accordance with the selection procedures and standards prescribed by Presidential Decree. <Amended on Dec. 31, 2018; Apr. 30, 2019>
(3) When selecting a construction technology service business entity who is to perform construction project management pursuant to Article 39 (2), a contracting authority may preferentially treat any construction technology service business entity which falls under each of the following (including a construction technology service business entity who organizes the construction consortium for joint procurement and supply, with the persons which falls under the following): <Amended on Apr. 30, 2019>
1. A person who registers a fire-fighting system business for supervising a fire-fighting system pursuant to Article 4 (1) of the Firefighting System Installation Business Act;
2. A person who has registered the supervision business of the construction works of electric facilities under Article 14 (1) 2 of the Electric Technology Management Act;
3. A person who, as a service provider under subparagraph 7 of Article 2 of the Information and Communications Construction Business Act, employs supervisors under Article 8 of the same Act.
(4) In cases of receiving a contract for construction technology service from the contracting authority under paragraph (2), a construction technology service business entity may subcontract part thereof to another construction technology service business entity with approval of the contracting authority. <Amended on Apr. 30, 2019>
(5) Matters necessary for the procedure for approval referred to in paragraph (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 36 Deleted. <Dec. 31, 2018>
 Article 37 (Payment for Construction Technology Services)
(1) In cases of having a construction technology service business entity perform construction technology services, a contracting authority shall pay the construction technology service costs calculated in accordance with the calculation standards for construction technology service costs as determined and publicly notified by other statues or by the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 30, 2019>
(2) The Ministry of Land, Infrastructure and Transport shall, in determining the standards for calculation of construction technology service costs pursuant to paragraph (1), consult in advance with the heads of related administrative agencies, such as the Minister of Economy and Finance and the Minister of Trade, Industry and Energy.
 Article 38 (Guidance to and Supervision over Construction Technology Service Business Entities)
(1) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall guide and supervise a construction technology service business entity regarding matters concerning the performance of its business. <Amended on Apr. 30, 2019>
(2) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may, if deemed necessary for guidance and supervision under paragraph (1), order a construction technology service business entity to report on its business, or to submit the relevant materials. <Amended on Apr. 30, 2019>
(3) If deemed necessary for guidance and supervision under paragraph (1), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may have public officials under his or her jurisdiction, enter any office or construction site of any construction technology service business entity for inspection.
(4) A person who conducts inspection under paragraph (3) shall carry a certificate indicating his or her authority and produce it to persons concerned.
[Title Amended on Apr. 30, 2019]
SECTION 2 Construction Project Management
 Article 39 (Execution of Construction Project Management)
(1) If necessary for efficiently conducting construction works, a contracting authority may have a construction technology service business entity perform construction project management for any of the following construction works: <Amended on Apr. 30, 2019>
1. A construction work whose design and construction is so difficult to manage that it requires special management;
2. A construction work, the smooth management of which is difficult due to shortage of technical personnel of the contracting authority;
3. Construction works, other than those falling under paragraph (1) or (2), for which the contracting authority, to facilitated performance thereof, deems it necessary for a construction technology service business entity to perform construction project management.
(2) For the quality maintenance and improvement of construction works, a contracting authority shall have a corporate construction technology service business entity perform construction project management (including the exercise of the supervisory authority on behalf of the contracting authority, such as verification of the actual situation of quality and safety management in the phase of construction, check of any modification to design, completion inspection) regarding construction works prescribed by Presidential Decree. <Amended on Apr. 30, 2019>
(3) A contracting authority shall have a construction technology service business entity manage a construction project with respect to design service prescribed by Presidential Decree. <Amended on Apr. 30, 2019>
(4) A construction technology service business entity who manages a construction project under paragraphs (1) through (3) shall prepare a report which includes detailed duties, such as construction, inspections and tests of main structural elements of construction works and submit it to the contracting authority. In such cases, a construction project management report shall be prepared by a construction engineer prescribed by Presidential Decree, from among the construction engineers belonging to the construction technology service business entity. <Amended on Dec. 31, 2018; Apr. 30, 2019>
(5) No construction technology service business entity shall have any of the following construction engineers perform construction project management under paragraphs (1) through (3): <Amended on Aug. 14, 2018; Apr. 30, 2019>
1. Where a cooperative member is declared a person under adult guardianship.
2. One who is not yet reinstated after having been declared bankrupt;
3. A person who has violated the Building Act, the Certified Architects Act or the Housing Act, or has committed an offence prescribed in Article 26 (2) of the National Technical Qualifications Act, and for whom three years have not elapsed since his or her imprisonment without labor or greater punishment declared by a court was completely executed (including a case where the execution is deemed completed) or exempted;
4. A person who has committed any of the crimes prescribed in Articles 129 through 132 of the Criminal Act, and for whom five years have not elapsed since his or her imprisonment without labor or greater punishment sentenced by a court was completely executed (including a case where the execution is deemed completed) or exempted;
5. A person who has committed any of the crimes referred to in subparagraphs 1 through 3 and is subject to suspended punishment as sentenced by a court.
(6) A construction technology service business entity which performs construction project management pursuant to paragraph (2) shall perform the following affairs. In such cases, a construction technology service business entity shall instruct a construction engineer prescribed by Presidential Decree, from among the construction engineers belonging thereto, to perform the relevant affairs: <Newly Inserted on Dec. 31, 2018; Apr. 30, 2019>
1. Verifying whether the construction works are being executed in conformity with the design drawings and specifications;
2. Confirmation on whether a quality test and inspection has been conducted under Article 55 (2);
3. Verification of the appropriateness of construction materials and members.
(7) Matters necessary for managing construction projects pursuant to the provisions of paragraphs (1) through (3), such as detailed duties and scope of work shall be prescribed by Presidential Decree. <Amended on Dec. 31, 2018>
 Article 39-2 (Construction Project Management Plans at Construction Stage)
(1) For the purpose of managing construction works such as preventing defects in construction works and safety accidents, a contracting authority shall formulate a construction project management plan for the construction phase (hereinafter referred to as "construction project management plan") in accordance with the standards determined and publicly notified by the Minister of Land, Infrastructure and Transport before the commencement of the construction works.
(2) A construction project management plan shall include the following:
1. Construction project management methods for the construction phase;
2. A plan to assign a construction engineer who performs construction project management (hereinafter referred to as "construction project management engineer") or a construction supervisor;
3. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) When formulating a construction project management plan for construction works prescribed by Presidential Decree among those requiring the formulation of a safety management plan under Article 62 and construction works with a total construction cost exceeding 10 billion won, the contracting authority shall submit the plan to the consultative committee on technology under Article 6 for deliberation. The same shall also apply to any amendment to a construction project management plan.
(4) Where a contracting authority formulates or amends a construction project management plan, it shall submit such plan to the Minister of Land, Infrastructure and Transport.
(5) Where a contracting authority intends to have a construction technology service business entity manage a construction project in the construction phase, it shall publicly announce the bid based on the construction project management plan. <Amended on Apr. 30, 2019>
(6) Where a construction project management plan, such as the assignment of a construction project management engineer or a construction supervisor, cannot be complied with under paragraph (2) 2, a contracting authority shall not allow the relevant construction works to commence or proceed.
(7) Except as provided in paragraphs (1) through (5), matters necessary for the formulation, amendment, implementation, etc. of construction project management plans shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 31, 2018]
 Article 39-3 (Condition Report during Construction Project Management)
(1) Upon receipt of a request from a constructor to examine improvements on the grounds of changes in local conditions or for the purposes of improving quality pursuant to Article 39-3 (2) of the Act, a construction technology service provider shall examine them and take necessary measures such as reporting them (hereinafter referred to as "condition report") to the contracting authority, attaching thereto relevant documents. <Amended on Apr. 30, 2019>
(2) Where a construction technology service business entity files a condition report, he or she shall maintain and manage relevant records. <Amended on Apr. 30, 2019>
(3) Where a construction technology service business entity files a condition report, the contracting authority shall accept and examine such report and, if necessary, shall take appropriate measures, such as design changes. <Amended on Apr. 30, 2019>
(4) A construction technology service business entity which performs construction project management may designate a responsible construction engineer of the relevant construction project management, from among construction engineers belonging thereto, and delegate the authority for condition reporting. <Amended on Apr. 30, 2019>
(5) The deadline for taking measures based on a condition report and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 31, 2018]
 Article 39-4 (Prohibition of Unfair Interference in Construction Project Management)
(1) With respect to construction works subject to construction project management under Article 39 (2), no employee of a contracting authority shall intervene in or interfere with the affairs of a construction technology service business entity who performs construction project management (hereinafter referred to as "construction project management service business entity") and construction project management engineer, or breach their authority without good cause.
(2) Where an employee belonging to the contracting authority intervenes in, or interferes with, the affairs of a construction project management service business entity and construction project management engineer or breaches their authority without good cause, the relevant construction project management service provider or construction project management engineer may report thereon to the contracting authority, and request it to conduct a fact-finding investigation.
(3) When a contracting authority is requested to conduct a fact-finding investigation under paragraph (2), it shall immediately conduct such fact-finding investigation, and where it is deemed that a relevant staff member has intervened in or interfered with the affairs of a construction project management service provider or construction project management engineer or breached their authority without good cause, it may issue an order for corrective measures such as the cessation of the acts of interference and prevention of recurrence.
(4) A contracting authority shall notify the Minister of Land, Infrastructure and Transport, the relevant construction management service business entity, and construction project management engineer of the results of the fact-finding investigation and details of an order for corrective measures under paragraph (3).
(5) No contracting authority shall give any disadvantage, such as refusal or delay of payment, to a construction project management service business entity or construction project management engineer on the grounds of a request for fact-finding investigation, etc. under paragraph (2).
[This Article Newly Inserted on Jun. 9, 2020]
 Article 40 (Order for Suspending Construction during Construction Project Management)
(1) If a constructor performs construction works not in compliance with the details of design drawings, specifications and other documents of the construction works or if he or she violates the safety management duty under Article 62 or the environmental management duty under Article 66 and is thereby likely to cause human or physical damage, a construction technology service business entity which performs construction project management pursuant to Article 39 (2) or a construction supervisor under Article 49 (1), may order reconstruction or suspension of construction (including suspension of partial construction) or take other necessary measures. <Amended on Dec. 31, 2018; Apr. 30, 2019>
(2) A construction technology service business entity or a constructor who has received an order for reconstruction or suspension of construction, or instructions for other necessary measures pursuant to paragraph (1) shall comply therewith unless there is a compelling reason not to do so. <Amended on Dec. 31, 2018; Apr. 30, 2019>
(3) In cases of taking a measure such as an order for reconstruction or suspension of construction, or any other measure pursuant to paragraph (1), a construction technology service business entity or a construction supervisor shall make a report on the relevant facts to the contracting authority, without delay. <Amended on Dec. 31, 2018; Apr. 30, 2019>
(4) A construction technology service business entity or a construction supervisor who has ordered reconstruction or suspension of construction, or taken other necessary measures pursuant to paragraph (1) shall ascertain whether correction has been made before taking necessary measures, such as an instruction to resume construction. In such cases, he or she shall report such matters to the contracting authority of the relevant construction works without delay. <Amended on Dec. 31, 2018; Apr. 30, 2019>
(5) A construction technology service business entity which performs construction project management may designate a responsible construction engineer of the relevant construction project management, from among construction engineers belonging thereto, and delegate the authority for an order of reconstruction or suspension of construction or for any other necessary measure under paragraph (1) to him or her. <Amended on Aug. 14, 2018; Apr. 30, 2019>
(6) Matters necessary for the requirements, procedures, methods, etc. of an order for reconstruction or order for suspension of construction, or other necessary measures under paragraph (1) shall be prescribed by Presidential Decree.
 Article 40-2 (Prohibition on Unfavorable Measures)
No construction technology service business entity or construction supervisor or a responsible construction engineer under Article 40 (5) shall suffer any disadvantage in relation to his or her status or treatment, such as the replacement of construction engineers, the refusal of their residence at work, and refusal of or delay in the payment of the price of services on the grounds of an order for reconstruction or suspension of construction, etc. under Article 40 (1) . <Amended on Apr. 30, 2019>
[This Article Newly Inserted on Dec. 31, 2018]
 Article 40-3 (Immunity from Liability)
Where a contracting authority or a constructor suffers any loss due to measures, such as an order for reconstruction or suspension of construction under Article 40 (1), a construction technology service business entity, a construction supervisor, or a responsible construction engineer under Article 40 (5) shall be exempt from liability for such loss unless in cases of intention or gross negligence on his or her part in respect of such order. <Amended on Apr. 30, 2019>
[This Article Newly Inserted on Dec. 31, 2018]
 Article 41 (Selection of General Manager)
(1) Where a contracting authority has persons who fall under any of the following manage construction projects and supervise the respective field of construction works and installation works of electric facilities, fire-fighting system, etc. which are incidental to the construction work (hereinafter referred to as “installation works”), it may select one person in charge of general management of the affairs of both construction project management and supervision (hereinafter referred to as the “general manager”), from among persons who perform construction project management of their respective fields of the construction work and persons who supervise their respective fields thereof: <Amended on Apr. 30, 2019>
1. A construction technology service business entity;
2. A person who has registered fire-fighting system business under Article 4 (1) of the Firefighting System Installation Business Act;
3. A person who has registered the supervision business of the construction works of electric facilities under Article 14 (1) 2 of the Electric Technology Management Act;
(2) If deemed necessary for the quality and safety management of construction works and installation works, and the efficient construction project management and supervision thereof, the general manager shall take a necessary measure such as a corrective order against another person who performs project management of or supervision over of construction works, and if any above mentioned person fails to comply with such measure without good cause, he or she shall notify the fact to the contracting authority.
(3) The authority and duties of the general manager and other necessary matters shall be prescribed by Presidential Decree.
 Article 42 (Relationship to other Acts)
In the event that construction project management under Article 39 (2) has been executed, or any affair prescribed by Presidential Decree among those related to construction project management has been performed, supervision of construction works under Article 25 of the Building Act, or supervision under Articles 43 and 44 of the Housing Act shall be deemed performed. <Amended on Jan. 19, 2016>
CHAPTER V MANAGEMENT OF CONSTRUCTION WORKS
SECTION 1 Standardization of Construction Works
 Article 43 (Standardization of Designs)
(1) In order to reduce the cost of construction works and improve the quality of facilities, the Minster of Land, Infrastructure and Transport shall endeavor to standardize the sizes of construction materials and members and methods for execution of constructions.
(2) In order to promote standardization under paragraph (1), the Minster of Land, Infrastructure and Transport may recommend any of the following persons to try any pilot production or pilot construction in the course of designing, production or execution as prescribed by Presidential Decree: <Amended on Apr. 30, 2019>
1. A designer of facilities;
2. A producer of construction materials and members;
3. A constructor or registered housing constructor.
(3) The Minster of Land, Infrastructure and Transport may request the heads of related agencies for necessary measures such as financial support and the improvement of standards related to standardization under paragraph (1), including the Korea Industrial Standards under Article 12 of the Industrial Standardization Act.
 Article 44 (Standards for Design and Execution of Constructions)
(1) For technological and environmental improvement of construction works, securing construction quality and appropriate construction management, the Minster of Land, Infrastructure and Transport or any other person prescribed by Presidential Decree may establish standards (hereinafter referred to as “construction standards”) for the following matters: <Amended on May 14, 2014>
1. Design standards for construction works;
2. Execution standards for construction works, standards for specifications, etc.;
3. Other matters necessary for managing construction works.
(2) If a person prescribed by Presidential Decree intends to establish his or her own construction standards pursuant to paragraph (1), he or she shall obtain approval from the Minster of Land, Infrastructure and Transport. <Amended on May 14, 2014>
(3) Matters necessary for procedures for establishing standards for construction works, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on May 14, 2014>
 Article 44-2 (Management of Construction Standards)
(1) The Minster of Land, Infrastructure and Transport shall formulate policies for promoting the development of construction standards and utilizing them.
(2) For efficiently managing construction standards, the Minster of Land, Infrastructure and Transport may establish and operate a National Construction Standards Center.
(3) The National Construction Standards Center shall perform the following duties:
1. Researching, developing, and disseminating the technical standards;
2. Management and operation of construction standards;
3. Verification and evaluation of construction standards;
4. Building of the informatization system for construction standards;
5. Education and publicity activities of construction standards;
6. Research and analysis of the trend of major state construction standards system and polices;
7. Promotion of international cooperation for the development of construction standards;
8. Other matters prescribed by Presidential Decree for the development of construction standards.
(4) The Minster of Land, Infrastructure and Transport may entrust the operation of the National Construction Standards Center to a specialized agency prescribed by Presidential Decree.
(5) The Minster of Land, Infrastructure and Transport may provide funds for expenses necessary for operating the National Construction Standards Center, within the budget.
(6) Matters necessary for the establishment and operation of the National Construction Standards Center and the payment limits, appropriation, and management of the contributions under paragraph (5) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on May 14, 2014]
 Article 45 (Standards for Calculation of Construction Expenses)
(1) For calculating appropriate construction expenses, the Minster of Land, Infrastructure and Transport may establish standards for calculation of construction expenses including construction expenses and the standard production unit estimated based on construction performance.
(2) The Minster of Land, Infrastructure and Transport may have any management agency which is designated and publicly notified by the Minister carry out the tasks of study, research, etc. of standards for calculation of construction expenses for the management of calculation standards for construction expenses under paragraph (1). In such cases, the Minster of Land, Infrastructure and Transport may contribute financial resources to cover expenses necessary for projects.
(3) Matters necessary for the payment standards, use, and management of contributions under the latter part of paragraph (2) shall be prescribed by Presidential Decree.
 Article 46 (Execution Process of Construction Works)
(1) For economically and efficiently executing construction works, a contracting authority shall perform planning, investigation, design, execution, supervision, maintenance, management, etc. of construction works (hereinafter referred to as “execution process of construction works”) in conformity with the procedures and standards prescribed by Presidential Decree. <Amended on Jul. 24, 2015; Dec. 31, 2018>
(2) If the execution process of construction works is not performed pursuant to paragraph (1), the Minster of Land, Infrastructure and Transport may require the contracting authority to rectify it.
 Article 47 (Feasibility Study of Construction Works)
(1) A contracting authority shall conduct a feasibility study of a construction work which it intends to execute in order to review its appropriateness from a comprehensive perspective in consideration of economics, technology, society, environment, etc. before establishing a plan for the construction work.
(2) A construction technology service business entity which has performed the feasibility study services ordered by a contracting authority shall submit materials, including demand forecasts, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the contracting authority after completing the service without delay. <Newly Inserted on Jul. 16, 2013; Apr. 30, 2019>
(3) The contracting authority shall preserve the materials reported pursuant to paragraph (2) for 10 years after completion of the relevant construction work. <Newly Inserted on Jul. 16, 2013>
(4) Where the difference between actual uses and the demand forecast prepared in the process of conducting the feasibility study is 30/100 or higher, a contracting authority shall investigate, based on the materials under paragraph (3), whether there has been any intention or gross negligence with respect to such difference on the part of the relevant construction technology service business entity. <Newly Inserted on Jul. 16, 2013; Apr. 30, 2019>
(5) A contracting authority may, on the basis of the result of the investigation under paragraph (4), request a Mayor/Do Governor to take any measure, such as suspension of business under Article 31 (1), against the construction technology service business entity which causes harm to the contracting authority. <Newly Inserted on Jul. 16, 2013; Apr. 30, 2019>
(6) Matters concerning the scope of construction works subject to a feasibility study under paragraph (1), the methods and procedures for a feasibility study, the schedule and methods for the evaluation of the difference between demand forecast and actual uses under paragraph (4) shall be prescribed by Presidential Decree. <Amended on Jul. 16, 2013>
 Article 48 (Drawing-Up of Design Documents)
(1) A construction technology service business entity which performs designing service shall draw up design documents and present them to the construction technology service business entity, constructor, or registered housing constructor which performs construction project management of the relevant construction work. <Amended on Apr. 30, 2019>
(2) A construction technology service business entity, constructor, or registered housing constructor to whom the design documents are presented pursuant to paragraph (1) shall review the design documents and report the result to the contracting authority before commencing construction works. <Amended on Apr. 30, 2019>
(3) A contracting authority to whom the results of the review of design documents under paragraph (2) has been reported, shall, if necessary, require the construction technology service business entity who has drawn up the design documents to take a necessary measure, such as rectification and supplement thereof. <Amended on Apr. 30, 2019>
(4) For the quality improvement, correct execution, and safety of a construction work, a constructor and a registered housing constructor shall execute the construction work by phase after the review and confirmation of the following matters by a construction engineer who is selected by the project owner to perform construction project management or by a construction supervisor under Article 49: <Amended on Aug. 14, 2018; Apr. 30, 2019>
1. Execution conditions required in a respective phase of the construction work;
2. Shop drawings which a constructor and a registered housing construction business entity are required to draw up.
(5) When drawing up design documents, a construction technology service business entity shall conduct a structural review of a structure (including a provisional structure) and specify the services which are performed by a construction engineer participating in drawing up the design documents, as determined by the Minister of Land, Infrastructure and Transport. The same shall also apply where changing any part of the design documents. <Amended on Jan. 6, 2015; Aug. 14, 2018; Apr. 30, 2019>
(6) Matters necessary for drawing-up, review, and confirmation of design documents under the provisions of paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 49 (Supervisory Duties of Construction Supervisors)
(1) A contracting authority shall appoint a construction supervisor to ensure the execution of a construction work in accordance with the design documents, contracts, and other related documents and to conduct management services of the construction work with regard to the quality of the construction work, safety at construction sites, etc.: Provided, That this shall not apply where the contracting authority has a corporate construction technology service business entity perform construction project management under Article 39 (2).
(2) The Minister of Land, Infrastructure and Transport shall determine and publicly notify details of the duties of a construction supervisor, and a supervisor shall faithfully carry out supervisory duties in conformity therewith.
 Article 50 (Evaluation of Construction Technology Services and Execution of Construction Works)
(1) With respect to any construction technology service project of a scale equivalent to or larger than that prescribed by Presidential Decree [including service projects for construction design under subparagraph 3 of Article 2 of the Certified Architects Act (hereinafter referred to as "architectural design"); hereafter the same shall apply in this Article], for which a contracting authority (in cases of a public-private partnership project under the Act on Public-Private Partnerships in Infrastructure, it means the competent administrative agency under subparagraph 4 of Article 2 of the same Act; hereafter the same shall apply in this Article) awards a contract, the contracting authority shall evaluate the performance of the construction technology service project. <Amended on Dec. 31, 2018>
(2) With respect to construction works of a scale equivalent to or larger than that prescribed by Presidential Decree, for which a contracting authority awards a contract, it shall evaluate the adequacy of the execution of the construction work.
(3) In cases of evaluation conducted under paragraphs (1) and (2), the contracting authority shall notify it to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) The Minister of Land, Infrastructure and Transport may comprehensively evaluate construction technology services and the execution of construction works (hereinafter referred to as “comprehensive evaluations”), by integrating the results of the evaluations under paragraphs (1) and (2) by construction technology service business entity (including a founding architect of an architectural firm under Article 23 (2) of the Certified Architects Act; hereafter the same shall apply in this Article) and by constructor, and may disclose the results of the comprehensive evaluations. <Amended on Apr. 30, 2019>
(5) If necessary for conducting the comprehensive evaluations, the Minister of Land, Infrastructure and Transport may inspect construction sites, etc. in person, or require a construction technology service business entity or constructor to submit the materials necessary for the comprehensive evaluations. <Amended on Apr. 30, 2019>
(6) The standards, procedures, items, and other necessary matters for the evaluation of construction technology services, execution evaluation, or the comprehensive evaluations under the provisions of paragraphs (1) through (5) shall be prescribed by Presidential Decree.
 Article 51 (Designating Exemplary Construction Technology Service Providers)
(1) The Minister of Land, Infrastructure and Transport may select exemplary construction technology service business entities, constructors, or construction engineers, as prescribed by Presidential Decree, based on results of comprehensive evaluations or the like. <Amended on Aug. 14, 2018; Dec. 31, 2018; Apr. 30, 2019>
(2) When awarding a contract for a construction technology service project or construction work, a contracting authority may give priority to exemplary construction technology service business entities, constructors, or construction engineers under paragraph (1). <Amended on Aug. 14, 2018; Apr. 30, 2019>
(3) Where an exemplary construction technology service business entity, constructor, or construction engineer under paragraph (1) falls under any of the following, the Minister of Land, Infrastructure and Transport shall revoke the selection thereof, as prescribed by Presidential Decree: <Amended on Aug. 14, 2018; Dec. 31, 2018; Apr. 30, 2019>
1. Where the enterprise is selected by fraud or other improper means;
2. In cases of receiving a disposition of suspension of business or imposition of penalty surcharges under Article 82 of the Framework Act on the Construction Industry, due to defects in a construction work, etc.;
3. Where an exemplary construction technology service business entity (in cases of a corporation, referring to the representative thereof), an exemplary constructor (referring to the representative thereof in cases of a corporation), or an exemplary construction engineer referred to in paragraph (1) is sentenced to imprisonment without labor or heavier punishment (including a suspension of execution) in connection with each business;
4. Where any administrative disposition prescribed by Presidential Decree, such as revocation of registration, suspension of business, and penalty surcharge, is imposed for an illegal or unjust act;
(4) Except as provided in paragraphs (1) through (3), details necessary for the selection of exemplary construction technology service business entities, constructors, or construction engineers shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 31, 2018; Apr. 30, 2019>
[Title Amended on Dec. 31, 2018; Apr. 30, 2019]
 Article 52 (Ex-Post Evaluation of Construction Works)
(1) When a construction work prescribed by Presidential Decree has been completed, a contracting authority shall conduct an ex-post evaluation by investigating and analyzing the details and effects of the work and prepare an ex-post evaluation sheet.
(2) There shall be established an ex-post evaluation committee under a contracting authority to respond to .the request for consultation by the contracting authority with regard to the adequacy of ex-post evaluation sheets.
(3) If any opinion obtained as a result of consulting an ex-post evaluation committee is reasonable, a contracting authority shall take necessary measures, such as a measure of reflecting it in the relevant ex-post evaluation sheet.
(4) A contracting authority shall disclose ex-post evaluation sheets, and the procedures, method, etc. of disclosure shall be prescribed by Ordinance by the Ministry of Land, Infrastructure and Transport.
(5) The Minister of Land, Infrastructure and Transport shall devise a scheme whereby ex-post evaluation sheets of contracting authorities can be utilized as materials for efficient performance of similar construction works.
(6) The contents and method of ex-post evaluation of construction works under paragraph (1) and necessary matters for the composition, operation, etc. of an ex-post evaluation committee shall be prescribed by Presidential Decree.
 Article 52-2 (Management of Ex-post Evaluation)
(1) The Minister of Land, Infrastructure and Transport shall perform the following duties to efficiently conduct the affairs concerning ex-post evaluation:
1. Verification and inspection of the appropriateness of the results of the ex-post evaluation;
2. Accumulation and analysis of information related to ex-post evaluations and dissemination of analysis information;
3. Investigation and research on the standards, procedures, evaluation methodology, etc. of ex-post evaluation;
4. Education, training, technical exchange and international cooperation related to ex-post evaluation;
5. Other matters specified by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport may designate a specialized management institution and fully or partially entrust the duties prescribed in paragraph (1) to such institution, as prescribed by Presidential Decree.
(3) The Minster of Land, Infrastructure and Transport may provide funds for expenses necessary for operating specialized management institutions, within the budget.
(4) Matters necessary for the designation and operation of a specialized management institution and the payment, use, and management of contributions under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Nov. 26, 2019]
SECTION 2 Quality and Safety Management of Construction Works
 Article 53 (Measurement of Defects in Construction Works)
(1) Where defects in construction works occur or are likely to occur because any of the following persons fails to faithfully perform construction technology service, construction design service, construction supervision under subparagraph 4 of Article 2 of the Architects Act, or construction works, or causes damage to a contracting authority by intentionally or negligently making an incorrect demand forecast in a feasibility study of construction works (hereinafter referred to as “feasibility study”) under Article 47, the Minister of Land, Infrastructure and Transport, the contracting authority (in cases of a public-private partnership project under the Act on Public-Private Partnerships in Infrastructure, it shall means the competent administrative agency under subparagraph 4 of Article 2 of the same Act; hereafter the same shall apply in this Article), and the head of the authorizing or permitting agency shall give its black marks after measuring the degree of faultiness: <Amended on Aug. 14, 2018; Apr. 30, 2019>
1. A constructor;
2. A registered housing constructor;
3. A construction technology service business entity (including a founding architect of an architectural firm under Article 23 (2) of the Certified Architects Act; hereafter the same shall apply in this Article);
4. A construction engineer or architect who is employed by any person falling under any of subparagraphs 1 through 3.
(2) When it calls for bids for construction technology service or a construction work, a contracting authority shall give a person who has been given demerit points pursuant to paragraph (1) disadvantage according to given demerit points.
(3) A contracting authority and the head of an authorizing or permitting agency shall, in cases of giving demerit points pursuant to paragraph (1), notify the contents thereof to the Ministry of Land, Infrastructure and Transport, and the Minister shall conduct a comprehensive management of demerit points and disclose the demerit points given to the persons who falls under any subparagraph of paragraph (1) 1 through 3.
(4) Matters necessary for the standards of measuring the degree of defective construction, the contents of disadvantage, and the management and public disclosure of demerit points, etc. under the provisions of paragraphs (1) through (3) shall be prescribed by Presidential Decree.
 Article 54 (Inspection of Construction Sites)
(1) The Ministry of Land, Infrastructure and Transport or a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), and a contracting authority may inspect the construction sites, etc. prescribed by Presidential Decree if necessary to prevent faulty housing construction works and secure quality and safety of the housing construction works, and may, if deemed necessary after inspection, take a measure, such as a corrective order, or request the related agency to impose suspension of business or take other measures against a person who falls under any of the subparagraphs of Article 53 (1), as prescribed by Presidential Decree. <Amended on May 18, 2015; Dec. 31, 2018; Aug. 27, 2019>
(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, and the contracting authority who have inspected construction sites pursuant to paragraph (1) shall submit the inspection results and the results of measures taken therefor (including corrective orders, suspension of business, etc.) to the Minister of Land, Infrastructure and Transport. <Newly Inserted on Dec. 31, 2018>
(3) Where a civil petition that meets the requirements prescribed by Presidential Decree is filed on the grounds of a likelihood of a safety accident or faulty construction resulting from construction works under paragraph (1), the contracting authority (where a project owner is not a contracting authority, referring to an authorizing or permitting agency of the relevant construction works) shall examine the site, etc. within three days from the receipt of the civil petition, and shall submit the results of inspection and measures taken (including a corrective order or suspension of business operation) to the Minister of Land, Infrastructure and Transport . <Newly Inserted on Aug. 27, 2019>
(4) A person who inspects a construction site pursuant to paragraph (1) shall make sure not to impede the relevant construction works through overlapping inspections or the like. <Amended on Dec. 31, 2018; Aug. 27, 2019>
(5) Matters necessary for conducting inspections on construction sites under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 31, 2018; Aug. 27, 2019>
 Article 55 (Quality Management of Construction Works)
(1) With respect to construction works prescribed by Presidential Decree, constructors and registered housing constructors shall develop a quality management plan concerning quality, process management, etc. according to construction types (hereinafter referred to as “quality management plan”) or a quality testing plan for construction works, which includes the securing of testing facilities, testing staff, etc. (hereinafter referred to as “quality testing plan”), and shall submit it to a contracting authority for approval. In such cases, a project owner who is not a contracting authority shall submit, in advance, a copy of the quality management plan or the quality testing plan to the head of the authorizing or permitting agency. <Amended on Apr. 30, 2019>
(2) A constructor or registered housing constructor shall conduct quality tests and inspections in accordance with the quality management plan and the quality testing plan. In such cases, a construction engineer employed by a constructor or registered housing constructor to conduct the duties of quality management shall conduct his or her duties in accordance with the quality management plan or quality testing plan. <Amended on Aug. 14, 2018; Apr. 30, 2019>
(3) A contracting authority, the head of an authorizing or permitting agency and the head of agencies prescribed by Presidential Decree may check whether a constructor or registered housing constructor appropriately conducts quality management of construction works for which a quality management plan is to be formulated in conformity with the quality management plan pursuant to paragraph (2). <Amended on Apr. 30, 2019>
(4) The standards and procedure for establishing the quality management plan or the quality testing plan, the method and procedure for checking the quality management and other matters necessary for such ascertainment under paragraph (3) shall be prescribed by Presidential Decree.
 Article 56 (Appropriation and Execution of Quality Management Expenses)
(1) When concluding such contract, a project owner of any construction work shall appropriate the expenses necessary for the quality management of construction work (hereinafter referred to as “quality management expenses”) in the construction costs, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) The standards for methods of use, etc. of the quality management expenses according to scales and types of construction works shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 57 (Assurance of Quality of Construction Materials and Members)
(1) If necessary to assure the quality of construction materials and members prescribed by Presidential Decree, the Minister of Land, Infrastructure and Transport may determine and publicly notify the matters necessary for the production, supply, and storage of construction materials and members in consultation with the heads of related central administrative agencies.
(2) A person who produces (including collecting) or imports and sells construction materials under paragarph (1) and members, a constructor or registered housing constructors who uses such materials and members in construction works prescribed by Presidential Decree, and a manufacturer of ready-mixed concrete (referring to unhardened concrete after mixing cement, aggregates, water, etc.) or asphalt concrete shall provide or use construction materials and members which fall under any of the following: <Amended on Jul. 16, 2013; Apr. 30, 2019>
1. Construction materials and members which are certified as compliant with the Korean Industrial Standards under Article 12 of the Industrial Standardization Act;
2. Other construction materials and members the appropriateness of which are recognized by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.
(3) Where a manufacturer of ready-mixed concrete intends to reuse returned ready-mixed concrete, it shall fall under any of the subparagraphs of paragraph (2). <Newly Inserted on Jul. 16, 2013>
(4) The Minister of Land, Infrastructure and Transport may check whether the quality of construction materials and members is appropriate, and if it is deemed, as a result of check, that they are not appropriate to be used for construction works, he or she may request the heads of related central administrative agencies to take necessary measures, such as issuing a corrective order. <Amended on Jul. 16, 2013>
 Article 58 (Certification of Steel Structure Factory)
(1) The Minister of Land, Infrastructure and Transport may, upon receipt of application of manufacturers of steel structures used in construction works, certify manufactories producing steel structures (hereinafter referred to as “steel structure factory”) by grade determined according to their capacity (hereinafter referred to as “factory certification”).
(2) The Minister of Land, Infrastructure and Transport may conduct investigations on the operational status and ex post facto management situation of steel structure factories which have obtained factory certification (hereafter referred to as “status investigation” in this Article) and make public the results thereof. <Amended on Dec. 29, 2015>
(3) Where as a result of a status investigation it is deemed that the standards for factory certification are not satisfied, the Minister of Land, Infrastructure and Transport may order the measures necessary for corrections. <Amended on Dec. 29, 2015>
(4) The Minister of Land, Infrastructure and Transport may, for the purpose of conducting a status investigation, request a related administrative agency, a person operating a steel structure factory, and other persons prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as “person operating a steel structure factory, etc.) to submit necessary materials. In such cases, a person operating a steel structure factory, etc. shall comply with such request unless there is good cause. <Newly Inserted on Dec. 29, 2015>
(5) Matters necessary for the subjects of, standards and procedures for factory certification and status investigations, the publication of the results of status investigations, and other related matters under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 29, 2015>
 Article 59 (Revocation of Factory Certification)
(1) Where a certified steel structure factory falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke its factory certification: Provided, That in cases of falling under subparagraph 1, factory certification shall be revoked: <Amended on Dec. 29, 2015>
1. In cases of obtaining factory certification by fraud or other improper means;
2. In cases of failing to comply with a corrective order under Article 58 (3);
3. In cases of causing harm to ordinary people due to steel structures which fail to meet the standards or are manufactured inappropriately.
(2) Matters necessary for the procedures, etc. for the revocation of factory certification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 60 (Outsourcing of Quality Inspections)
(1) A project owner of any construction work, a constructor, or a registered housing constructor may have a national or public testing institution prescribed by Presidential Decree or a construction technology service business entity vicariously execute tests, inspections, etc. for the quality management of construction works (hereinafter referred to as “quality inspection”). <Amended on Apr. 30, 2019>
(2) A person requested to vicariously execute a quality inspection pursuant to paragraph (1) shall perform the quality inspection by using materials sealed or verified by the project owner or the construction technology service business entity which performs construction project management in violation of Article 60 (2). <Newly Inserted on Aug. 9, 2017; Apr. 30, 2019>
(3) Where a person requested to vicariously execute quality inspections pursuant to paragraph (1) shall perform the quality inspection of materials, etc. to be used for construction works, and issue a report of quality inspection thereof, he or she shall input the content of the quality inspection records and quality inspection into an integrated information system for supporting construction works under Article 19 within seven days from the date of its issuance so as to have such content available for inspection. <Newly Inserted on Aug. 9, 2017>
(4) The Minister of Land, Infrastructure and Transport may investigate whether a construction technology service business entity performs a qualify inspection in a correct manner pursuant to paragraph (1) and, if necessary, take a measure, such as an order of correction. In such cases, the Minister of Land, Infrastructure and Transport may, if deemed necessary, publish the result of such investigation. <Amended on Dec. 29, 2015; Aug. 9, 2017; Apr. 30, 2019>
(5) Other matters necessary for the vicarious performance of quality inspections under paragraph (1), methods for inputting into an integrated information system for supporting construction works under paragraph (3), and investigations and publication of results of investigations under paragraph (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 29, 2015; Aug. 9, 2017>
 Article 61 (Evaluation Institution for Vicarious Execution of Quality Inspections)
(1) The Minister of Land, Infrastructure and Transport may designate an evaluation institution (hereinafter referred to as “evaluation institution”), from among public institutions under the Act on the Management of Public Institutions to professionally and technologically investigate and evaluate whether a construction technology service business entity which vicariously executes quality inspection meets the standards for registration under Article 26 (1) and performs quality inspections accurately. <Amended on Apr. 30, 2019>
(2) The Government may support necessary expenses to an evaluation institution within the budget.
(3) The Minister of Land, Infrastructure and Transport may investigate the operational status of an evaluation institution, and if deemed necessary as a result of the investigation, may issue a corrective order to the institution. In such cases, the Minister of Land, Infrastructure and Transport may, if deemed necessary, make public the results of operational status investigations. <Amended on Dec. 29, 2015>
(4) Where an evaluation institution has performs evaluations in an unjust manner, the Minister of Land, Infrastructure and Transport shall revoke its designation, and where the institution fails to comply with a corrective order, the Minister may revoke its designation.
(5) The Minister of Land, Infrastructure and Transport may request an evaluation institution to submit necessary materials in order to conduct an operational status investigation under paragraph (3). In such cases, the evaluation institution so requested shall comply with the request unless there is good cause. <Amended on Dec. 29, 2015>
(6) Matters necessary for the designation, designation revocation and management of an evaluation institution, an investigation on its operational status, publication of the results of the operational status investigation, etc. under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 29, 2015>
 Article 62 (Safety Management of Construction Works)
(1) Where a constructor or registered housing constructor executes construction works prescribed by Presidential Decree, the constructor and the registered housing constructor shall formulate a safety management plan for the construction works (hereinafter referred to as "safety management plan"), such as the safety inspection and safety management organization, and shall submit it to the project owner for approval before commencing the construction works. In such cases, a project owner who is not a contracting authority shall submit a copy of a safety management plan in advance to the head of an authorizing or permitting agency for approval. <Amended on Dec. 31, 2018; Apr. 30, 2019; Jun. 9, 2020>
(2) A contracting authority or the head of an authorizing or permitting agency in receipt of a safety management plan pursuant to paragraph (1) shall examine the details of the plan and notify the constructor and the registered housing constructor of the results thereof. <Amended on Dec. 31, 2018; Apr. 30, 2019>
(3) A contracting authority or the head of an authorizing or permitting agency shall submit a copy of the safety management plan submitted and approved pursuant to paragraph (1) and the results of examination under paragraph (2) to the Minister of Land, Infrastructure and Transport. <Newly Inserted on Dec. 31, 2018>
(4) A constructor and a registered housing constructor shall conduct safety inspection in accordance with a safety management plan. In such cases, with respect to a safety inspection prescribed by Presidential Decree, a project owner (referring to the head of an authorizing or permitting agency, if the person is not a contracting authority) shall designate an institution to conduct the safety inspection as prescribed by Presidential Decree. <Newly Inserted on Dec. 31, 2018; Apr. 30, 2019>
(5) A constructor and a registered housing constructor shall submit the results of a safety inspection conducted pursuant to paragraph (4) to the Minister of Land, Infrastructure and Transport. <Newly Inserted on Dec. 31, 2018; Apr. 30, 2019>
(6) Matters necessary for the standards for the formulation of safety management plans, the methods and procedures for the submission and approval of safety inspections, the timing and methods for safety inspections, and remunerations for safety inspections shall be prescribed by Presidential Decree. <Amended on Aug. 14, 2018; Dec. 31, 2018; Jun. 9, 2020>
(7) A constructor and a registered housing constructor shall, when completing a construction work for which a safety management plan has been formulated, draw up a comprehensive report on safety inspection (hereinafter referred to as “comprehensive report”) in accordance with the procedures and methods prescribed by Presidential Decree, and submit it to a contracting authority (referring to an authorizing or permitting agency where a project owner is not a contracting authority). <Amended on Dec. 31, 2018; Apr. 30, 2019>
(8) A contracting authority or the head of an authorizing or permitting agency to whom a comprehensive report has been submitted pursuant to paragraph (7) shall present the comprehensive report to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Dec. 31, 2018>
(9) The Minister of Land, Infrastructure and Transport, the contracting authority and the head of the authorizing or permitting agency shall preserve and manage the comprehensive reports submitted pursuant to paragraphs (7) and (8) as prescribed by Presidential Decree. <Amended on Dec. 31, 2018>
(10) The Minister of Land, Infrastructure and Transport may review the adequacy of the safety management plan and the results of the review of the plan submitted pursuant to paragraph (3) and the results of the safety inspection submitted pursuant to paragraph (5), as prescribed by Presidential Decree, to ensure safety of construction works; and if necessary based on the results of the review of adequacy, the Minister may request the contracting authority or the head of an authorizing or permitting agency to take corrective measures, such as corrective orders, in regard of the constructor or registered housing constructor. <Newly Inserted on Dec. 31, 2018; Apr. 30, 2019>
(11) A constructor or registered housing constructor shall, when performing works for establishing a provisional structure such as a supporting post, a mold, and a scaffold, receive confirmation from a technician under the National Technical Qualifications Act in a field appropriate for confirmation of the structural safety of the provisional structure (hereinafter referred to as “related expert”), as prescribed by Presidential Decree. <Newly Inserted on Jan. 6, 2015; Dec. 31, 2018; Apr. 30, 2019>
(12) A related expert shall confirm the structural safety of a provisional structure to ensure the safety of a provisional structure. <Newly Inserted on Jan. 6, 2015; Dec. 31, 2018>
(13) The Minister of Land, Infrastructure and Transport shall, in order to ensure the safety of construction works, determine and publicly notify the safety management system to be equipped with, and the safety management affairs to be performed, by the following persons participating in any construction work (hereinafter referred to as a “participant in construction works”): <Newly Inserted on May 18, 2015; Dec. 31, 2018; Apr. 30, 2019>
1. A project owner (referring to the head of an authorizing or permitting agency where a project owner is not a contracting authority);
2. A construction technology service business entity;
3. A constructor or registered housing constructor.
(14) The Minister of Land, Infrastructure and Transport may, in order to ensure the safety of construction works, evaluate the level of safety management of participants in construction works in accordance with the procedures and standards prescribed by Presidential Decree and then make public the result of evaluation. <Newly Inserted on May 18, 2015; Dec. 31, 2018>
(15) The Minister of Land, Infrastructure and Transport may establish and operate a comprehensive information network for safety management of construction works (hereinafter referred to as “information network”) in order to efficiently manage materials necessary for construction safety, such as construction accident statistics, and encourage the common utilization thereof. <Newly Inserted on May 18, 2015; Dec. 31, 2018>
(16) The Minister of Land, Infrastructure and Transport may request participants in construction works, the related associations, the heads of central administrative agencies, or local governments to present necessary materials in order to evaluate the level of safety management of participants in construction works and establish and operate the informational network. In such cases, the person so requested shall comply with such request unless there is a compelling reason not to do so. <Newly Inserted on May 18, 2015; Dec. 31, 2018>
(17) Matters necessary for the establishment, operation, etc. of the information network shall be prescribed by Presidential Decree. <Newly Inserted on May 18, 2015; Dec. 31, 2018>
(18) A contracting authority shall examine the safety of design in accordance with the methods and procedures prescribed by Presidential Decree and submit the findings thereof to the Minister of Land, Infrastructure and Transport. <Newly Inserted on Dec. 31, 2018>
 Article 62-2 (Safety Management of Small-Scale Construction Works)
(1) Where construction work for which a safety management plan is not required to be formulated pursuant to Article 62 (1) contains an accident-prone type of construction, a constructor and a registered housing constructor shall formulate a plan for safety management, including construction procedures and precautions (hereinafter referred to as "small-scale safety management plan"), before commencing the construction works, and shall submit it to the project owner (referring to the head of an authorizing or permitting agency if the project owner is not a contracting authority; hereafter in this Article the same shall apply) for approval. The same shall also apply to cases where a small-scale safety management plan is to be altered.
(2) A project owner in receipt of a small-scale safety management plan under paragraph (1) shall examine the details of the small-scale safety management plan and notify the constructor and registered housing constructor of the result of the examination.
(3) Matters necessary for the scope of construction works for which a small-scale safety management plan shall be formulated; the criteria for formulating a small-scale safety management plan; and the methods and procedures for submitting and approving such plan shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Jun. 9, 2020]
 Article 63 (Safety Management Expenses)
(1) A project owner shall, when concluding a contract for a construction work, include expenses necessary for safety management of a construction work (hereinafter referred to as “safety management expenses”) in construction expenses as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) The standards for how to use the safety management expenses according to the scales and types of construction works and other matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 64 (Safety Management Organization of Construction Works)
(1) A constructor and a registered housing constructor who formulates a safety management plan shall establish a safety management organization composed of the following persons: <Amended on Apr. 30, 2019>
1. A general safety manager who is responsible for the general management of affairs related to the execution and safety of the relevant construction work;
2. Sectoral safety managers who are responsible for the execution and safety management of respective sectors of the construction work such as civil engineering, building, electricity, machinery, and equipment;
3. Safety management staff who directly engage in the execution and safety management of construction works at a construction site;
4. Members of a consultative body composed of contractors and subcontractors.
(2) The composition, duties of a safety management organization under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
 Article 65 (Safety Education for Construction Work)
(1) For the safety management of construction works a constructor and a registered housing constructor shall conduct safety education for construction workers participating in construction works. <Amended on Apr. 30, 2019>
(2) The timing and method of safety education under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
 Article 65-2 (Restrictions on Implementation of Construction Works on Sundays)
Where a constructor executes construction works ordered by a contracting authority, he or she shall not execute construction works on Sundays, except for cases prescribed by Presidential Decree, such as urgent repair and reinforcement works, and only with prior approval from the contracting authority: Provided, That if urgent works or the like are required on a Sunday as an accident occurs or is likely to occur, the relevant constructor may execute construction works first, and the contracting authority may grant ex post facto approval.
[This Article Newly Inserted on Jun. 9, 2020]
 Article 66 (Environmental Management in Construction Works)
(1) The Minister of Land, Infrastructure and Transport shall, so as to execute construction works in harmony with environment, develop and disseminate related technologies and devise the schemes for the followings in consultation with related central administrative agencies:
1. Recycling of construction wastes;
2. Implementation of pilot projects for dissemination of environment- friendly construction technologies;
3. Other polices necessary for environment-friendly construction works prescribed by Presidential Decree.
(2) A project owner of any construction work, a constructor and a registered housing constructor shall endeavor to manage the environment of construction works so as to minimize environmental damage. <Amended on Apr. 30, 2019>
(3) When concluding a contract for construction work, a project owner of any construction work shall include expenses necessary for environmental management of a construction work such as prevention of environmental damage and pollution (hereinafter referred to as “environmental management expenses”) in construction expenses as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) The standards for the expending method, etc. of environmental management expenses shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 67 (Accident Investigation of Construction Sites)
(1) A participant in construction works (excluding a project owner) who becomes aware that a construction accident has occurred shall without delay notify the contracting authority and an authorizing or permitting agency of the fact. <Newly Inserted on May 18, 2015>
(2) A contracting authority and the head of an authorizing or permitting agency in receipt of a notice of an accident pursuant to paragraph (1) shall immediately submit the following information to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree: <Newly Inserted on May 18, 2015; Dec. 31, 2018>
1. Time and place of the occurrence of the accident;
2. Details of the occurrence of the accident;
3. Measures that have been taken;
4. Plans for measures henceforth.
(3) Where any serious construction site accident prescribed by Presidential Decree (hereinafter referred to as "serious construction site accident") has occurred, the Minister of Land, Infrastructure and Transport, the head of a contracting authority and the head of an authorizing or permitting agency may investigate into the details, causes, etc. of the accident at the construction site in order to clarify the causes of the accident and prevent the recurrence of the accident. <Amended on May 18, 2015; Dec. 31, 2018>
(4) The head of a contracting authority and the head of an authorizing or permitting agency who have conducted an investigation on the details, causes, etc. of the accident in accordance with paragraph (3) shall submit the results thereof to the Minister of Land, Infrastructure and Transport. <Amended on May 18, 2015>
(5) The Minister of Land, Infrastructure and Transport, the head of a contracting authority and the head of an authorizing or permitting agency may, if necessary, have a construction accident investigation committee under Article 68 investigate the details and causes of the serious construction site accident. <Amended on May 18, 2015>
(6) Methods, procedures, etc. for notification of construction accidents under paragraph (1) and matters necessary for the investigation on serious construction site accidents under paragraph (2) shall be prescribed by Presidential Decree. <Amended on May 18, 2015>
[Title Amended on May 18, 2015]
 Article 68 (Construction Accident Investigation Committee)
(1) The Minister of Land, Infrastructure and Transport, a contracting authority and the head of an authorizing or permitting agency may, if deemed necessary for the investigation of any serious accident at a construction site, organize and operate a construction accident investigation committee.
(2) When completing the investigation of a serious construction site accident, a construction accident investigation committee may recommend or propose any scheme to prevent the recurrence of similar construction accidents to the Minister of Land, Infrastructure and Transport, a contracting authority, the head of an authorizing or permitting agency, or the head of other related administrative agencies.
(3) The Minister of Land, Infrastructure and Transport, a contracting authority, the head of an authorizing or permitting agency, or the head of other related administrative agencies shall, unless there is any compelling reason not to do, comply with the recommendation or proposal of the construction accident investigation committee under paragraph (2).
(4) In cases of entrusting the affairs relating to the operation of a construction accident investigation committee to a public institution under the Act on the Management of Public Institutions pursuant to Article 82 (2), the Minister of Land, Infrastructure and Transport may contribute or subsidize the expenses necessary for the execution of those affairs to the public institution.
(5) Matters necessary for the composition and operation of a construction accident investigation committee shall be prescribed by Presidential Decree.
CHAPTER VI ORGANIZATIONS AND MUTUAL AID COOPERATIVES OF CONSTRUCTION TECHNOLOGY SERVICE PROVIDERS
SECTION 1 Organizations of Construction Technology Service Providers
 Article 69 (Establishment of Association)
(1) Construction engineers or construction technology service business entities may establish an organization for construction engineers or an organization for construction technology service business entities, respectively, for the purpose of maintenance of dignity, improvement of welfare, development of construction technologies, etc. <Amended on Aug. 14, 2018; Apr. 30, 2019>
(2) Both an organization for construction engineers and an organization for construction technology service business entities under paragraph (1) (hereafter referred to as “Association” in this Chapter) shall be a corporation. <Amended on Aug. 14, 2018; Apr. 30, 2019>
(3) The Association shall come into existence upon registering its incorporation at the seat of its principal office.
 Article 70 (Authorization for Establishment of Association)
(1) To establish an Association, at least 10 percent or 50 persons of the promoters who are qualified as members of the Association shall draft the articles of association and obtain authorization for establishment from the Minister of Land, Infrastructure and Transport after a resolution of a general meeting of promoters.
(2) Matters relating to the membership of the Association, tasks of the Association, etc. shall be provided by its articles of association, and other matters to be included in its articles of association shall be prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport shall, when granting authorization under paragraph (1), publicly announce the fact.
 Article 71 (Reporting)
The Minister of Land, Infrastructure and Transport may cause the Association to execute study and research on construction technology services, or make reports necessary for tasks of the Ministry of Land, Infrastructure and Transport.
 Article 72 (Guidance and Supervision)
The Minister of Land, Infrastructure and Transport may, if necessary to supervise the Association, require the Association to report on matters related to its business, or may order it to submit materials, and also may have an official under his or her jurisdiction inspect its business. <Amended on Jun. 9, 2020>
 Article 73 (Application Mutatis Mutandis of Other Statutes)
Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association.
SECTION 2 Mutual Aid Cooperatives
 Article 74 (Establishment of Mutual Aid Cooperative)
(1) A construction technology service business entity which performs construction project management (excluding cases of performing construction project management and designing at the same time pursuant to the proviso to Article 26 (2) of the Framework Act on the Construction Industry; hereafter the same shall apply in this Article) may, for the purpose of various guarantees, financing, etc. necessary for construction project management, establish a mutual aid cooperative with authorization from the Minister of Land, Infrastructure and Transport. <Amended on Apr. 30, 2019>
(2) The mutual aid cooperative shall be a juristic person and come into existence by making registration of incorporation at the seat of its principal office.
(3) Matters necessary for membership, officers, contribution, operation, etc. of the mutual aid cooperative shall be provided by its articles of association.
(4) Matters necessary for the standards and procedures for establishment authorization of the mutual aid cooperative, matters to be entered in its articles of association, supervision over the mutual aid cooperative, etc. shall be prescribed by Presidential Decree.
 Article 75 (Business Projects of Mutual Aid Cooperative)
(1) The mutual aid cooperative shall conduct the following:
1. Proving all kinds of guarantees for bids, contracts, advance payments, defect repair, etc. in relation to business conduction of its members;
2. Loaning funds to its members;
3. Mutual aid business to guarantee the liability for damages related to business conduction of its members, and mutual aid business to improve welfare of employees of its members and to compensate them for any loss suffered from any accident on duty;
4. Business relating to research and education with respect to the improvement and enhancement of construction technologies;
5. Establishment and operation of commonly used facilities for its members and business for improving the convenience and benefits of its members;
6. Arrangement of purchase by its members of apparatus and materials;
7. Profit-making business necessary for accomplishing its objectives;
8. Business provided by its articles of association, which is incidental to the businesses under subparagraphs 1 through 7.
(2) Where the mutual aid cooperative intends to provide guarantees under subparagraph 1 of paragraph (1) and mutual aid business under subparagraph 3 of the same paragraph, it shall prepare regulations on guarantee and regulations on mutual aid necessary for such businesses, and obtain authorization for them from the Minister of Land, Infrastructure and Transport.
(3) Matters to be included in regulations on guarantee and regulations on mutual aid under paragraph (2) shall be prescribed by Presidential Decree.
 Article 76 (Investigation and Inspection)
(1) The Minister of Land, Infrastructure and Transport may, if necessary for the maintenance, etc. of financial soundness of the mutual aid cooperative, have a public official under his or her jurisdiction investigate the status of business affairs or status of accounts, or inspect books or other documents.
(2) The Financial Services Commission may make investigation or inspection of mutual aid business under Article 75 (1) 3 in accordance with paragraph (1), as prescribed by Presidential Decree.
(3) The Minister of Land, Infrastructure and Transport shall determine and publicly notify the standards which are necessary for the guidance of and the supervision over the maintenance, etc. of the financial soundness required for guarantee business under Article 75 (1) 1.
(4) The Minister of Land, Infrastructure and Transport shall determine and publicly notify the standards for supervision so as to foster mutual aid business under of Article 75 (1) 3 in a sound manner and to protect subscribers.
(5) In establishing the standards under paragraphs (3) and (4), the Minister of Land, Infrastructure and Transport shall include standards for the protection of the soundness of mutual aid associations, such as the capital adequacy ratio, liquidity ratio and solvency margin ratio. <Newly Inserted on Dec. 31, 2018>
 Article 77 (Guidance and Supervision)
(1) The Minister of Land, Infrastructure and Transport may, if necessary for supervising a mutual aid cooperative, order it to make a report of matters relating to their business projects or submit materials.
(2) Where the Minister of Land, Infrastructure and Transport deems that a mutual aid association fails to meet or would certainly fail to meet the standards under Article 76 (3) and (4), he or she may recommend, request, or order the mutual aid association or its executive officers to do the following, or order such mutual aid association or its executive officers to submit the implementation plan thereof:
1. Capital increase or decrease;
2. Matters concerning the acquisition or disposal of assets or downsizing of places of business or organization;
3. Restriction on dividends and profit and loss transfer;
4. Additional accumulation of reserves, such as allowance for bad debts, payment for subrogation, and earned surplus reserve, and treatment of secondary mutual aid;
5. Suspension of executive officers’ performance of duties or appointment of management supervisors acting for executive officers’ duties;
6. Adjustment of guarantee fees or interest rates of loans;
7. Suspension of all or part of business;
8. Transfer of business or transfer of contracts related to guarantee business or mutual-aid business;
9. Business downsizing and restriction on new business or new investment;
10. Other measures corresponding to those specified in subparagraphs 1 through 9, which are deemed necessary for the enhancement of financial soundness of the mutual-aid association, as prescribed by Presidential Decree.
(3) In order to take measures under paragraph (2), the Minister of Land, Infrastructure and Transport shall determine and publicly notify the contents and standards thereof in advance.
(4) Notwithstanding paragraph (2), where the Minister of Land, Infrastructure and Transport deems that a mutual aid association is likely to satisfy the standards within the period prescribed by Presidential Decree or recognizes that there are other reasons equivalent thereto, he or she may postpone necessary measures for a fixed period.
[This Article Wholly Amended on Dec. 31, 2018]>
 Article 78 (Application Mutatis Mutandis of Other Statutes)
Except as otherwise provided in this Act, the provisions of the Civil Act governing incorporated associations and the Commercial Act governing accounts of stock companies shall apply mutatis mutandis to the mutual aid cooperative.
CHAPTER VII SUPPLEMENTARY RULES
 Article 79 (Fees)
Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or by municipal ordinance: Provided, That a person who falls under subparagraph 1 may be exempted from fees, as prescribed by municipal ordinance: <Amended on Dec. 31, 2018>
1. A person who requests the Local Deliberation Committee to deliberate on construction technology;
2. A person who files an application for the designation of a new technology pursuant to Article 14 (1);
3. A person who files an application for the extension of the protection period of a new technology pursuant to Article 14 (3);
3-2. A person who applies for the issuance of a certificate of an agreement for use of new technology under the latter part of Article 14-2 (1);
4. A person who files an application of factory certification pursuant to Article 58 (1).
 Article 80 (Corrective Orders)
The Minister of Land, Infrastructure and Transport may issue a corrective order for a fixed period of time, or provide other necessary instruction to any of the following constructors or registered housing constructors: <Amended on Dec. 31, 2018; Apr. 30, 2019>
1. In cases of failing to comply with a duty to make a report under Article 48 (2);
2. In cases of failing to faithfully implement the quality management plan or the quality testing plan, or failing to faithfully perform the quality test or inspection under Article 55 (1) and (2);
3. In cases of failing to faithfully implement the safety management plan, or failing to faithfully perform safety inspection under Article 62 (1) and (4).
 Article 81 (Prohibition of Divulgence of Confidential Information)
No person who is engaged in performing construction project management service or in managing new technologies or construction technology introduced from overseas as well as construction engineers shall divulge or misappropriate confidential information known to him or her knowledge in the course of performing his or her duties. <Amended on Aug. 14, 2018>
 Article 82 (Delegation or Entrustment of Authority)
(1) The Minister of Land, Infrastructure and Transport may delegate part of the authority under this Act to the head of a central administrative agency, or entrust it to a Mayor/Do Governor or the head of an agency under the jurisdiction of the Ministry of Land, Infrastructure and Transport prescribed by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may entrust part of the functions under this Act to a public institution under the Act on the Management of Public Institutions, the Association, or any other institution or organization related to technology or facility safety, as prescribed by Presidential Decree.
 Article 83 (Hearings)
The Minister of Land, Infrastructure and Transport, or a Mayor/Do Governor shall, when intending to revoke designation or registration under this Act, hold a hearing.
 Article 84 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Any of the following persons shall be considered public officials in applying Articles 129 through 132 of the Criminal Act: <Amended on May 18, 2015; Nov. 28, 2017; Aug. 14, 2018; Jun. 9, 2020>
1. A member who is not a public official, among the members of the Central Deliberation Committee, a local deliberation committee, or the Special Deliberation Committee;
2. A member who is not a public official, among the members of the consultative committee on technology under Article 6;
2-2. Executive officers and employees who belong to persons entrusted with affairs by the Minister of Land, Infrastructure and Transport pursuant to Article 20-6 (1), engaging in such affairs;
3. A construction engineer who performs services prescribed by Presidential Decree, among the services of construction project management under Article 39;
4. A member who is not a public official, among the members of a construction accident investigation committee under Article 68;
5. An executive officer or employee engages in the functions with which the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor entrusts an association, or any other institution or organization pursuant to Article 82 (2).
CHAPTER VIII PENALTY PROVISIONS
 Article 85 (Penalty Provisions)
(1) A person who, in violation of Article 28 (1), brings about the injury or death of another person by causing serious destruction or damage to the main structural elements of a bridge, tunnel, railroad, or other facilities prescribed by Presidential Decree after commencing construction and during a defect liability period under Article 28 of the Framework Act on the Construction Industry shall be punished by life imprisonment, or imprisonment with labor for at least three years. <Amended on Dec. 31, 2018>
(2) A person who endangers other persons by committing the crime under paragraph (1) shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won.
 Article 86 (Penalty Provisions)
(1) A person who, by committing the crime under Article 85 (1) by professional negligence, brings about the injury or death of another person shall be punished by imprisonment with or without labor for not more than 10 years or by a fine not exceeding 100 million won.
(2) A person who commits the crime under Article 85 (2) by professional negligence shall be punished by imprisonment with or without labor for not more than five years or by a fine not exceeding 50 million won.
 Article 87 (Penalty Provisions)
(1) A construction technology service business entity which, in conducting a feasibility study under Article 47 (1), causes damage to a contracting authority by making an incorrect demand forecast deliberately shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on Apr. 30, 2019>
(2) A construction technology service business entity which, in conducting a feasibility study under Article 47 (1), causes damage to a contracting authority by making an incorrect demand forecast by gross negligence shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won. <Amended on Apr. 30, 2019>
 Article 87-2 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 100 million won: <Amended on Apr. 30, 2019>
1. A person who fails to comply with an order for reconstruction or suspension of construction or any other measure by a construction technology service business entity under Article 40 (1);
2. Any person who gives disadvantages, in violation of Article 40-2.
[This Article Newly Inserted on Dec. 31, 2018]
 Article 88 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Jul. 16, 2013; Jan. 6, 2015; Dec. 31, 2018; Apr. 30, 2019>
1. A person who conducts construction technology service without being registered under Article 26 (1);
1-2. A construction technology service business entity who fails to submit a construction project management report in violation of the former part of Article 39 (4) or who falsifies and submits a construction project management report prepared by a construction engineer in accordance with the latter part of the same paragraph;
1-3. A construction engineer who fails to prepare a construction project management report without good cause or prepares a false report, in violation of the latter part of Article 39 (4);
1-4. A construction technology service business entity or construction engineer who willfully neglects construction project management services referred to in Article 39 (6), thereby causing a serious defect in the structural safety of any of the following major parts of a bridge, tunnel, railroad or other facilities prescribed by Presidential Decree:
(a) Reinforced concrete structural part or steel structural part;
(b) Main structural part defined in subparagraph 7 of Article 2 of the Building Act;
(c) Bridge seat;
(d) Lining of a tunnel;
(e) Main body and a spillway of a dam;
(f) Structure system of a mooring facility of a port;
2. Deleted. <Dec. 31, 2018>
3. A construction technology service business entity who fails to conduct a structural review of any structure under Article 48 (5);
4. A constructor or registered housing constructor who fails either to establish and implement a quality management plan or a quality testing plan or to conduct quality testing and quality inspection, in accordance with Article 55 (1) and (2);
5. A person who supplies or uses any construction materials and members the quality of which is not assured, in violation of Article 57 (2);
6. A person who reuses any returned ready-mixed concrete without obtaining quality certification thereof, in violation of Article 57 (3);
7. A constructor or registered housing constructor who fails to formulate, submit or implement a safety management plan under Article 62 (1) or submits a false safety management plan;
7-2. A constructor or registered housing constructor who fails to conduct safety inspection referred to in Article 62 (4);
8. A constructor or registered housing constructor who performs work for establishing a provisional structure without confirmation of a related expert under Article 62 (11);
9. A related expert who fails to faithfully perform the affairs of confirming the structural safety of a provisional structure in accordance with Article 62 (12), contributing to the collapse of the provisional structure in which people are killed or injured;
10. A person who divulges or uses without authorization any secret which has come to his or her knowledge in the course of performing his or her duties, in violation of Article 81.
 Article 89 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on May 14, 2014; May 18, 2015; Aug. 14, 2018; Dec. 31, 2018; Apr. 30, 2019>
1. A person who submits false utilization records of new technology under Article 14 (3);
1-2. A person who falsely applies for the issuance of a certificate of an agreement for use of new technology under the latter part of Article 14-2 (1);
2. A person who becomes a construction engineer by making a false report of the place of work and career, etc. when making a report or a modification report under Article 21 (1);
3. A person who violates Article 23 and falls under any of the following items:
(a) A person who has any other person conduct construction works or construction technology service business by using his or her name or who has lent his or her certificate of construction technology career;
(b) A person who conducts construction works or construction technology service business by using other person’s name, or who borrows any other person’s certificate of construction technology career;
(c) A person who has engaged in brokering any conduct specified in item (a) or (b);
4. A person who rejects, interferes with, or evades an inspection under Article 38 (3);
4-2. A person who fails to file a condition report without good cause, or files a false report thereon, in violation of Article 39 (1)) and (5);
4-3. A person who fails to receive a condition report under Article 39-3 (3) without good cause;
5. A person who refuses, obstructs, or evades the measurement of the degree of faultiness under Article 53 (1) or inspection at the construction site, etc. under Article 54 (1);
5-2. A constructor or registered housing constructor who commences construction works without obtaining approval for a safety management plan under Article 62 (1);
6. A person who refuses, obstructs, or evades investigation into a serious construction site accident conducted by the Minister of Land, Infrastructure and Transport, a contracting authority, an authorizing or permitting agency, or a construction accident investigation committee under Article 67 (3) and (5).
 Article 90 (Joint Penalty Provisions)
(1) Where the representative of a corporation, or an agent, employee or any other worker of a corporation or an individual commits an offense referred to in Article 85 in relation to business of such corporation or individual, not only shall the person who commits such offense be punished, but the corporation or the individual also shall be punished by a fine not exceeding one billion won: Provided, That the foregoing shall not apply where the corporation or the individual has paid due attention to or diligently supervised the relevant business in order to prevent such offense.
(2) If the representative of a corporation or an agent, employee, or other servant of the corporation or an individual commits a violation under Article 86, 88, or 89 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
 Article 91 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Newly Inserted on Dec. 31, 2018>
1. A person who fails to formulate a construction project management plan, in violation of Article 39-2 (1);
2. A person who allows any third person to commence construction works or perform construction works, in violation of Article 39-2 (6);
3. A person who fails to perform an order prescribed in Article 77 (2).
(2) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Aug. 14, 2018; Dec. 31, 2018; Jun. 9, 2020>
1. A person who makes an unjust request or who disadvantages a construction engineer on the ground of his or her refusal to comply with such request, in violation of Article 22-2 (2);
1-2. A person who fails to conduct evaluation referred to in Article 50 (1) or (2);
2. A person who fails to include quality management expenses under Article 56 (1) in the construction expenses or who spends quality management expense in violation of paragraph (2) of the same Article;
3. A person who fails to submit a comprehensive report under Article 62 (7) or submits a false comprehensive report;
3-2. A person who refuses, obstructs or evades the evaluation of safety management level of participants in construction works under Article 62 (14);
3-3. A person who fails to conduct a design safety review under Article 62 (18);
4. A person who fails to include safety management expenses under Article 63 (1) in the construction expenses or who spends safety management expense in violation of paragraph (2) of the same Article;
5. A person who fails to include environmental management expenses under Article 66 (3) in the construction expenses or who spends environmental management expenses in violation of paragraph (4) of the same Article.
(3) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on May 18, 2015; Jun. 12, 2018; Aug. 14, 2018; Dec. 31, 2018; Apr. 30, 2019>
1. A construction engineer who fails to receive education and training under the former part of Article 20 (2) without good cause;
2. An employer who fails to bear expenses under Article 20 (3) or disadvantages any construction engineer on account of such expenses;
3. A person who fails to submit materials under Article 21 (3) or submits false materials;
4. A construction engineer who fails to return the certificate of construction technology career in violation of Article 24 (4);
5. A person who fails to make a registration for modification under the main sentence of Article 26 (3) or makes a false report of modification;
6. A person who fails to report suspension or closure of his or her business pursuant to Article 26 (4);
7. A person who fails to report the transfer of business or the merger of corporations pursuant to Article 29 (1);
8. A person who is subject to an order for suspension of business under Article 31 (1) and (2) and, nevertheless, performs construction technology service during the period of suspension (excluding cases where a person performs construction technology service pursuant to Article 33);
9. A person who is awarded a contract by using its changed trade name during the period of suspension in violation of Article 31 (3);
10. A person who fails to notify the fact of having received a disposition of registration revocation and the content of the said disposition pursuant to the latter part of Article 33 (1) to the project owner for the relevant construction technology service;
11. A person who fails to report on the services under Article 38 (2) or to submit related materials;
12. Any person who fails to submit inspection results or results of measures taken under Article 54 (2);
13. A project owner who gives tacit approval while knowing that a constructor or registered housing constructor has commenced construction works without obtaining approval for a safety management plan under Article 62 (1);
14. Any person who fails to submit documents pursuant to Article 62 (3), (5) or (8) or submits false documents;
15. Any person who fails to submit results of design safety review under Article 62 (18) or submits false results;
16. A participant in a construction work (excluding a project owner) who fails to notify the contracting authority and an authorizing or permitting agency of the fact of the occurrence of a construction accident under Article 67 (1).
(12) The administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree. <Amended on Dec. 31, 2018>
 Article 91-2 (Special Cases concerning Deferred Imposition of Administrative Fines)
Notwithstanding Article 91 (3) 1, imposition of an administrative fine on a construction engineer who fails to receive education and training under the former part of Article 20 (2) shall be deferred until December 31, 2021. <Amended on Aug. 14, 2018; Jun. 9, 2020>
[This Article Newly Inserted on Jun. 12, 2018]
ADDENDA <Act No. 11794, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Management of Performance Records of Construction Technology Service)
The amended provisions of Article 30 (1) shall apply beginning with the construction technology service for which public notice of a bid is first given after this Act enters into force.
Article 3 (Applicability to Approval of Subcontracts from Contracting Authority)
The amended provisions of Article 35 (4) shall apply beginning with the construction technology service for which public notice for a bid is first given after this Act enters into force.
Article 4 (Applicability to Calculation Standards for Construction Technology Service Expenses)
The calculation standards for construction technology service expenses publicly notified pursuant to the amended provisions of Article 37 (2) shall apply beginning with the construction technology service for which public notice of a bid is first given after this Act enters into force.
Article 5 (Applicability to Execution of Construction Project Management)
The amended provisions of Article 39 (2) shall apply beginning with the case where a contracting authority first places an order for a construction work after this Act enters into force.
Article 6 (Applicability to Revocation of Factory Certification)
The amended provisions of the proviso to the part other than the subparagraphs of Article 59 (1) shall apply beginning with the steel structure factory which is first granted factory certification after this Act enters into force.
Article 7 (Transitional Measures concerning Administration Actions)
Any disposition procedure proceeded or other acts done by or against any administrative agency pursuant to the previous provisions before this Act enters into force shall be deemed a disposition procedure proceeded or other acts done by or against the administrative agency pursuant to this Act.
Article 8 (Transitional Measures concerning Master Plans for Advancement of Construction Technology)
The master plans for advancement of construction technology which are formulated pursuant to the previous provisions at the time this Act enters into force shall be deemed the master plan for advancement of construction technology under the amended provisions of Article 3 (1).
Article 9 (Transitional Measures concerning the Consultative Committee on Design)
The consultative committee on design under the previous provisions at the time this Act enters into force shall be deemed the consultative committee on technology under the amended provisions of Article 6 (1).
Article 10 (Transitional Measure concerning New Technology)
Any new technology publicly notified pursuant to the previous provisions at the time this Act enters into force shall be deemed a new technology designated and publicly announced as a new technology pursuant to the amended provisions of Article 14 (1). In such cases, the previous provisions shall apply to the protection period, royalties, etc. of the relative new technology.
Article 11 (Transitional Measures concerning Report of Construction Engineer and Certificate of Construction Technology Career)
(1) A supervisor who makes a report as a construction engineer or a quality manager or belongs to a specialized supervisory company pursuant to the previous provisions at the time this Act enters into force shall be deemed to make a report as a construction engineer pursuant to the amended provisions of Article 21 (1).
(2) A certificate of construction technology career or a certificate of supervisor issued pursuant to the previous provisions at the time this Act enters into force shall be deemed a certificate of construction technology career issued pursuant to the amended provisions of Article 21 (2).
Article 12 (Transitional Measures concerning Disposition of Suspension of Business against Construction Engineers)
The previous provisions shall apply to suspension of business against a construction engineer, a supervisor and a quality manager for any act of violation committed before this Act enters into force.
Article 13 (Transitional Measures concerning Registration of Construction Technology Service Business Entities)
(1) A service business entity specializing in design service, etc., a specialized supervisory company and a specialized quality testing institution under the previous provisions at the time this Act enters into force shall be deemed a construction technology service business entity under the amended provisions of Article 26 (1). In such cases, they shall make a report to a Mayor/Do Governor within one year after this Act enters into force, as prescribed by Presidential Decree.
(2) Surveying business entities and waterway business entities registered under the previous Act on Land Survey, Waterway Survey and Cadastral Records as at the time this Act enters into force shall be deemed construction technology service business entities. In such cases, the scope of work shall be limited to the areas registered in accordance with the Act on Land Survey, Waterway Survey and Cadastral Records, and shall be reported to a Mayor/Do Governor, as prescribed by Presidential Decree by no later than June 30, 2016. <Newly Inserted on Jul. 24, 2015>
(3) A Mayor/Do Governor receiving a report pursuant to the latter part of paragraphs (1) and (2) shall issue the relevant certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Jul. 24, 2015>
Article 14 (Transitional Measures concerning Disposition of Revocation of Registration against Technology Construction Service Business Entities)
The previous provisions shall apply to the disposition, such as revocation of registration, suspension of business, imposition of a penalty surcharge, attributable to any act of violation committed before this Act enters into force.
Article 15 (Transitional Measures concerning Incompetent under Adult Guardianship)
An incompetent under guardianship under the amended provisions subparagraph 1 of Article 27 and subparagraph 1 of Article 39 (5) shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency continues to be valid under Article 2 of the Addenda of the Civil Act (Act No. 10429).
Article 16 (Transitional Measures concerning Purchase of Insurance or Subscription to Mutual Aid)
A person who purchase any insurance or subscribe to a mutual aid under the previous provisions at the time this Act enters into force shall be deemed to purchase the insurance or subscribe to the mutual aid under the amended provisions of Article 34 (2).
Article 17 (Transitional Measures concerning Remuneration for Construction Technology Service)
The remuneration standards for construction project management and supervision publicly notified by the Minister of Land, Infrastructure and Transport pursuant to the previous provisions at the time this Act enters into force shall be deemed as the calculation standards for construction technology service expenses under the amended provisions of Article 37 (2).
Article 18 (Transitional Measures concerning Execution of Construction Project Management)
(1) A person who performs design supervision, inspection supervision, execution supervision, general responsibility supervision or construction project management for which a contracting authority places an order pursuant to the previous provisions at the time this Act enters into force shall be deemed to perform such service as part of construction project management under the amended provisions of Article 39.
(2) A person who is not a construction technology service business entity and is entrusted with construction project management pursuant to the previous provisions at the time this Act enters into force shall be deemed a construction technology service business entity under the amended provisions of Article 26 (1) until that construction project management is completed.
Article 19 (Transitional Measures concerning Orders for Suspension of Construction During Construction Project Management)
An order for reconstruction or suspension of construction, etc. which is given by a supervisor pursuant to the previous provisions at the time this Act enters into force shall be deemed an order for reconstruction or suspension of construction, etc. which is given by a construction technology service business entity pursuant to the amended provisions of Article 40 (1).
Article 20 (Transitional Measures concerning General Managers of Installation Work)
A general manager who is designated by a contracting authority pursuant to the previous provisions at the time this Act enters into force shall be deemed a general manager selected pursuant to the amended provisions of Article 41 (1).
Article 21 (Transitional Measures concerning Evaluations of Services and Execution of Constructions)
(1) An evaluation of any construction technology service project or construction work that is conducted by a contracting authority pursuant to the previous provisions at the time this Act enters into force shall be deemed an evaluation conducted pursuant to the amended provisions of Article 51 (1).
(2) An excellent business entity and an excellent supervisor designated by a contracting authority pursuant to the previous provisions at the time this Act enters into force shall be deemed an excellent construction technology service business entity, an excellent constructor, and an excellent construction engineer selected by the Minister of Land, Infrastructure and Transport pursuant to the amended provisions of Article 51 (1), respectively.
Article 22 (Transitional Measures concerning Organization of Construction Technology Service Business Entities)
The Construction Supervision Association and the Construction Engineers Association established pursuant to the previous provisions at the time this Act enters into force shall be deemed organizations established under the amended provisions of Article 69 (1) and (2), respectively.
Article 23 (Transitional Measures concerning Mutual Aid Business Conducted by the Construction Supervision Association)
(1) The Construction Supervision Association under the previous provisions at the time this Act enters into force shall be deemed the mutual aid cooperative under the amended provisions of Article 74 (1) until the establishment of the mutual aid cooperative under the amended provisions of Article 74 (1). In such cases, the Construction Supervision Association shall, within six months after this Act enters into force, establish a new organization through corporate separation and obtain authorization for that organization as a mutual aid cooperative from the Minister of Land, Infrastructure and Transport.
(2) All the property and duties related to mutual aid business conducted by the Construction Supervision Association pursuant to the previous provisions and paragraph (1) at the time this Act enters into force shall be succeeded to the mutual aid cooperative established under the amended provisions of Article 74 (1).
(3) Any acts done toward or by the Construction Supervision Association with respect to mutual aid business of the Association before the mutual aid cooperative is established pursuant to the latter part of paragraph (1) shall be deemed acts done toward or by the mutual aid cooperative under this Act.
(4) The members who invest in the Construction Supervision Association with respect to mutual aid business before the mutual aid cooperative is established pursuant to the latter part of paragraph (1) shall be deemed the members who invest in the mutual aid cooperative established pursuant to the amended provisions of Article 74 (1).
(5) The membership fees and investment money paid to the Construction Supervision Association with respect to mutual aid business before the mutual aid cooperative is established pursuant to the latter part of paragraph (1) shall be deemed to be invested pursuant to the amended provisions of Article 74 (1).
Article 24 (Transitional Measures concerning Administrative Dispositions and Administrative Fines)
In cases of applying any administrative disposition or administrative fine to acts committed before this Act enters into force, the previous provisions shall apply.
Article 25 Omitted.
Article 26 (Relationships with other Acts)
The reference in other statutes to the Construction Technology Management Act or any provisions thereof at the time this Act enters into force shall be deemed the reference to this Act or the provisions thereof instead of the previous Construction Technology Management Act or the provisions thereof.
ADDENDA <Act No. 11920, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 8-2 and 8-3 of the Addenda to the wholly amended National Pension Act (Act No. 11794) shall enter into force on 5/23/2014.
Article 2 (Applicability to Keeping Stability Information)
The amended provisions of Article 20-3 shall begin to apply from the first credit extension contract concluded after this Act enters into force.
Article 3 (Applicability to Relocating Public Agencies, etc.)
The amended provisions of Article 24 (2) shall apply, beginning with the first acquisition made after this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDA <Act No. 12542, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 3 of the Addenda shall enter into force on 5/23/2014.
Articles 2 through 3 Omitted.
ADDENDA <Act No. 12579, May 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on 5/23/2014.
Article 2 (Transitional Measures concerning Penalty Provisions)
In cases of applying the penalty provisions to acts committed before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 12967, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Structural Safety Review of Provisional Structure)
The amended provisions of Articles 48 (5) and 62 (7) shall apply beginning from the design service for which public notice of a bid is first given after this Act enters into force and the construction work performed according to such design.
ADDENDA <Act No. 13324, May 18, 2015>
This Act shall enter into one year after the date of its promulgation.
ADDENDA <Act No. 13430, Jul. 24, 2015>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 10 and 11 of Article 2 of the Construction Technology Promotion Act (Act No. 13324) shall enter into force on May 19, 2016.
ADDENDA <Act No. 13671, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 27 shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Utilization of New Technology)
The amended provisions of Article 14 (5) and (6) shall apply beginning from the first construction work for which a contracting authority awards a contract after this Act enters into force.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on 8/12/2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14848, Aug. 9, 2017>
This Article shall enter into force six months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 15112, Nov. 28, 2017>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 15667, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 31 (1) 1 shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Revocation of Registration of Construction Technology Service Business Entities)
The amended provisions of the proviso of subparagraph 4 of Article 31 (1) shall also apply where a corporation comes to fall under subparagraph 4 of Article 27 before the said amended provisions enter into force.
ADDENDA <Act No. 15719, Aug. 14, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on Dec. 31, 2018.
Article 2 Omitted.
ADDENDA <Act No. 16135, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Report on Transfer of Business by Construction Technology Service Business Entity)
The amended provisions of Article 29 (2) through (4) shall begin to apply where a person reports a transfer of business or merger after this Act enters into force.
Article 3 (Applicability to Preparation of Construction Project Management Reports by Construction Engineers)
The amended provisions in the latter part of Article 39 (4) shall begin to apply where a person prepares and submits a construction project management report after this Act enters into force.
Article 4 (Applicability to Performance of Construction Project Management Affairs for Construction Works Requiring Construction Project Management)
The amended provisions of Article 39 (6) shall begin to apply where a construction technology service business entity performs construction project management under paragraph (2) of the same Article after this Act enters into force.
Article 5 (Applicability to Formulation of Construction Project Management Plans)
The amended provisions of Article 39-2 shall begin to apply to a construction work for which a tender notice is made after this Act enters into force.
Article 6 (Applicability to Approval for Safety Management Plans)
The amended provisions of Article 62 shall begin to apply to a construction work for which a tender notice (if the project owner is not a contracting authority, referring to an application for permission, authorization, approval, etc. of construction works) is made after this Act enters into force after this Act enters into force.
Article 7 (Applicability to Examining Safety of Design)
The amended provisions of Article 62 (18) shall begin to apply to a design for which a tender notice is made after this Act enters into force.
Article 8 (Transitional Measures concerning Construction Technology Service Projects Executed by Contracting Authority)
Notwithstanding the amended provisions of Article 35 (1) and (2), the previous provisions shall apply to a design project under Article 2 (3) of the Certified Architects Act before this Act enters into force.
Article 9 (Transitional Measures concerning Construction Works or Construction Technology Service Projects for Which Contracts are Breach of Public Invitation)
Notwithstanding the amended provisions of Article 36, the former provisions shall apply to any construction project, etc. which commences before this Act enters into force.
ADDENDA <Act No. 16272, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDA <Act No. 16414, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationships to other Statutes and Regulations)
Where the previous Construction Technology Promotion Act or its provisions are cited by other statutes or regulations as at the time this Act enters into force, the corresponding provisions of this Act, if any, shall be deemed to have been cited in lieu of the previous Construction Technology Promotion Act or its provisions.
ADDENDA <Act No. 16416, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 16560, Aug. 27, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 16624, Nov. 26, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17063, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17344, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 17441, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Safety Management of Small-Scale Construction Works)
The amended provisions of Article 62-2 shall begin to apply to a construction work for which a tender notice (if the project owner is not a contracting authority, referring to an application for permission, authorization, approval, etc. of construction works) is made after this Act enters into force.
Article 3 (Transitional Measures concerning Education and Training by Proxy)
Any person who vicariously conducts education and training for construction engineers pursuant to the previous provisions as at the time this Act enters into force shall be deemed an education and training institution under the amended provisions of Article 20-2 (3): Provided, That the performance of educational and training by proxy shall be renewed pursuant to the amended provisions of Article 20-3 (2) within six months from the enforcement date of this Act.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)