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SPECIAL ACT ON THE SAFETY CONTROL AND MAINTENANCE OF ESTABLISHMENTS

Wholly Amended by Act No. 14545, Jan. 17, 2017

Amended by Act No. 15733, Aug. 14, 2018

Act No. 16497, Aug. 20, 2019

Act No. 17453, jun. 9, 2020

Act No. 17447, jun. 9, 2020

Act No. 17551, Oct. 20, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to ensuring public safety and further promoting the welfare of the people by preventing accidents and disasters and improving the utility of establishments through safety inspections and appropriate maintenance of establishments.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term "establishment" means any structure built through construction works, including a bridge, tunnel, harbor, dam, and building, and facilities incidental to such structure, which is classified into a Class-I, Class-II, and Class-III establishment referred to in the subparagraphs of Article 7;
2. The term "management authority" means any person designated either as the manager of an establishment or the owner of an establishment. In this regard, the person responsible for managing an establishment under an agreement or other arrangement entered into with the owner of the establishment on the management of the establishment shall be deemed the management authority; and management authorities shall be classified into public management authorities and private management authorities;
3. The term "public management authority" means any of the following management authorities:
(a) The State or local governments;
(c) Local public enterprises under the Local Public Enterprises Act;
4. The term "private management authority" means any management authority other than public management authorities;
5. The term "safety inspection" means an inspection conducted by a person having experience and expertise to examine risk factors inherent in a certain establishment with the naked eye or with inspection tools, etc.; and such inspection shall be classified into a periodic safety inspection and a full safety inspection according the objectives and level of an inspection, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
6. The term "full safety examination" means examining, measuring, and assessing the structural safety of an establishment, the causes of defects in the establishment, etc., in order to identify physical and functional defects of the establishment and to take prompt and appropriate measures for such defects, and proposing methods for repair, reinforcement, etc.;
7. The term "emergency safety inspection" means an inspection conducted to identify physical and functional defects of an establishment promptly where an accident or disaster is likely to be caused by the collapsing or falling of the establishment;
8. The term "seismic performance assessment" means an assessment conducted of the seismic performance of an establishment according to the seismic design standards established for each type of establishment pursuant to Article 14 (1) of the Act on the Preparation for Earthquakes and Volcanic Eruptions to ensure the safety of the establishment from earthquakes and to maintain functions of the establishment;
9. The term "contract" means an agreement under which either of the parties agrees to conduct a safety inspection, full safety examination, or emergency safety inspection or to perform maintenance services or to complete a performance assessment, as a prime contract, a subcontract, an outsourcing contract, or howsoever named, and the other party agrees to pay the price for the results of such services;
10. The term "subcontract" means an agreement entered into between a contractor and a third party to award a contract for all or some of the services for a contracted safety inspection, full safety examination, or emergency safety inspection or for maintenance services or a performance assessment;
11. The term "maintenance" means routinely inspecting and maintaining a completed establishment; restoring damaged sections to the original state; and conducting other activities necessary for improving, repairing, and reinforcing the establishment, as required over time, to preserve functions of the establishment and to improve convenience and safety of users of the establishment;
12. The term "performance assessment" means a comprehensive assessment of the performance of an establishment, including of its structural safety, durability, and usability, as required to maintain functions of the establishment;
13. The term "defect warranty period" means the defect liability period or defect repair period specified under the Framework Act on the Construction Industry, the Multi-Family Housing Management Act, and other relevant statutes or regulations.
 Article 3 (Responsibilities of the State and Other Entities)
(1) The State and local governments shall formulate and implement comprehensive policies for the safety and maintenance of establishments to protect lives, bodies, and property of the people.
(2) Each management authority shall take measures necessary for ensuring the safety of establishments and promoting the continued use of establishments.
(3) Every citizen shall actively cooperate with the State, local governments, and management authorities in their activities to ensure the safety and maintenance of establishments.
 Article 4 (Relationship to Other Statutes)
This Act shall take precedence over other statutes relevant to the safety and maintenance of establishments.
CHAPTER II MASTER PLANS
 Article 5 (Formulation and Implementation of Master Plans for Safety and Maintenance of Establishments)
(1) The Minister of Land, Infrastructure and Transport shall formulate and implement a master plan for the safety and maintenance of establishments (hereinafter referred to as the "master plan") every five years to maintain the safety of establishments.
(2) The master plans shall include the matters falling under each of the following subparagraphs:
1. Basic objectives of the safety and maintenance of establishments and direction-setting for accomplishing such objectives;
2. Development, establishment, and operation of a system for the safety and maintenance of establishments;
3. Establishment and operation of an information system for the safety and maintenance of establishments;
4. Research on, and development of technology necessary for the safety and maintenance of establishments;
5. Training of human resources necessary for the safety and maintenance of establishments;
6. Other matters prescribed by Presidential Decree regarding the safety and maintenance of establishments.
(3) The Minister of Land, Infrastructure and Transport shall have prior consultation with the heads of relevant central administrative agencies to formulate a master plan and may request the heads of relevant central administrative agencies and the heads of local governments to submit relevant materials, if deemed necessary for formulating the master plan. The foregoing shall also apply where the Minister intends to amend the master plan.
(4) Upon formulating or amending a master plan, the Minister of Land, Infrastructure and Transport shall publish notice of such formulation or amendment in the Official Gazette.
 Article 6 (Formulation and Implementation of Plans for Safety and Maintenance of Establishments)
(1) Every management authority shall formulate and implement a plan for the safety and maintenance of the establishments under its management (hereinafter referred to as "establishment management plan") according to the master plan: Provided, That a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si, Gun or Gu ("the head of a Gu" refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") shall formulate such plan for the establishments specified by Presidential Decree, among establishments managed by private management authorities, including multi-family housing buildings exempt from compulsory management, as defined in subparagraph 2 of Article 2 of the Multi-Family Housing Management Act, which falls under Class-III establishments classified under Article 7.
(2) Each establishment management plan shall include the following matters: Provided, That the matters specified in subparagraph 5 may be omitted where the head of a Si/Gun/Gu formulates an establishment management plan pursuant to the proviso to paragraph (1):
1. Organizational structure, personnel, and equipment to be provided for the appropriate safety and maintenance of establishments;
2. Matters concerning a system for taking measures in emergency;
3. Collection and retention of design documents related to the designing, construction, supervision of construction, maintenance, etc. of establishments;
4. Safety inspections or full safety examinations;
5. Maintenance works, including repair and reinforcement, and expenses incurred in such works.
(3) The head of a Si/Gun/Gu who formulates an establishment management plan pursuant to the proviso to paragraph (1) shall notify the relevant management authority of the plan.
(4) Upon formulating an establishment management plan, a public management authority shall report the plan to the head of a relevant administrative agency specified in either of the following subparagraphs:
1. If the public management authority is an agency affiliated with, or supervised by a central administrative agency: The head of the central administrative agency;
2. If the public management authority is not an agency referred to in subparagraph 1: The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor").
(5) Upon formulating an establishment management plan, a private management authority shall submit the plan to the head of a relevant Si/Gun/Gu.
(6) Upon receiving an establishment management plan submitted under paragraph (5), the head of a Si/Gun/Gu shall report the submitted plan to the competent Mayor/Do Governor (excluding a Self-Governing City Mayor or Special Self-Governing Province Governor), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(7) Upon receiving an establishment management plan reported or submitted pursuant to paragraphs (4) through (6), the head of a central administrative agency or a Mayor/Do Governor shall check out the progress of the plan and shall submit data related to the establishment management plan to the Minister of Land, Infrastructure and Transport.
(8) The Minister of Land, Infrastructure and Transport or the head of a relevant administrative agency shall examine the feasibility of the establishment management plan reported or submitted pursuant to paragraphs (4) through (7) and may request the relevant management authority or the head of a relevant Si/Gun/Gu (limited to cases of the proviso to paragraph (1)) to revise or supplement the plan, if necessary. In such cases, a person so requested shall comply with such request unless there is a compelling reason not to do so.
(9) Other matters necessary for formulating and implementing an establishment management plan, including the timing for formulating an establishment management plan by type of management authority, and the content of such plan, shall be prescribed by Presidential Decree.
 Article 7 (Types of Establishments)
Establishments shall be classified as follows:
1. Class-I establishments: Establishments specified by Presidential Decree, among the following large establishments that require special management or advanced technology for structural safety and maintenance to promote convenient and safe public use:
(a) Bridges for high-speed railroads, and road or railroad bridges at least 500 meters long;
(b) Tunnels for high-speed railroads or urban railroads, and road or railroad tunnels at least 1,000 meters long;
(c) Lock gates, and breakwaters at least 1,000 meters long;
(d) Multi-purpose dams, dams for power generation, dams for flood control, and water reservoir dams with a total storage capacity of at least 10 million tons;
(e) Buildings with at least 21 stories or with a total floor area of at least 50,000 square meters;
(f) Estuary embankments and tide embankments with a catchment capacity of at least 80 million tons;
(g) Regional waterworks for potable water, waterworks for industrial water, and local waterworks with a daily supply capacity of at least 30,000 tons;
2. Class-II establishments: The following establishments specified by Presidential Decree as they are at high risk of disaster or require continuous management to prevent disasters, including infrastructure, other than Class-I establishments:
(a) Road or railroad bridges at least 100 meters long;
(b) Tunnels for national expressways, general national highways, Special Metropolitan City roads and Metropolitan City roads, and railroad tunnels in the Special Metropolitan City or Metropolitan Cities;
(c) Breakwaters at least 500 meters long;
(d) Dams only for local waterworks for potable water and water reservoir dams with a total storage capacity of at least one million tons;
(e) Buildings with at least 16 stories or with a total floor area of at least 30,000 square meters;
(f) Tide embankments with a catchment capacity of at least 10 million tons;
(g) Local waterworks for potable water with a daily supply capacity of less than 30,000 tons;
3. Class-III establishments: Small establishments designated and publicly notified under Article 8 as requiring safety control, other than Class-I and Class-II establishments.
 Article 8 (Designation of Class-III Establishments)
(1) The head of a central administrative agency or the head of a local government shall designate and publicly notify establishments at high risk of disaster or those requiring continuous management to prevent disasters as Class-III establishments, other than Class-I and Class-II establishments, as prescribed by Presidential Decree.
(2) If the risk of disaster has been removed from a Class-III establishment by repair or reinforcement works or if it becomes unnecessary to continuously manage the Class-III establishment for preventing disasters, the head of a relevant central administrative agency or the head of a relevant local government shall cancel the designation of such establishment, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
(3) Upon designating and publicly notifying an establishment as a Class-III establishment or upon cancelling such designation under paragraph (1) or (2), the head of a central administrative agency or the head of a local government shall notify the relevant management authority of such designation or cancellation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 9 (Submission of Design Documents)
(1) A project entity building and supplying a Class-I or Class-II establishment shall submit documents specified by Presidential Decree, including design documents and establishment management register, to a relevant management authority and the Minister of Land, Infrastructure and Transport.
(2) When an establishment is designated and publicly notified as a Class-III establishment pursuant to Article 8 (1), the management authority of the Class-III establishment shall submit the documents referred to in paragraph (1) to the Minister of Land, Infrastructure and Transport within one month.
(3) Notwithstanding paragraph (1), upon receiving a request from the head of any relevant central administrative agency, the project entity building and supplying a Class-I or Class-II establishment need not submit the documents referred to in paragraph (1) regarding the establishment, if it is necessary to keep relevant information confidential for national defense or security. In such cases, the head of such central administrative agency shall notify the Minister of Land, Infrastructure and Transport of the reasons for such refusal.
(4) A management authority shall submit the documents referred to in paragraphs (1) to the Minister of Land, Infrastructure and Transport after completing any of the substantial repair or reinforcement works specified by Presidential Decree.
(5) Where a project entity or management authority fails to submit the documents prescribed in paragraph (1), (2), or (4), the Minister of Land, Infrastructure and Transport may order said entity or authority to submit such documents within a specified period of not less than 10 but not more than 60 days. <Newly Inserted on Aug. 14, 2018>
(6) Every management authority shall retain the documents specified in paragraph (1), (2), and (4) for as long as the relevant establishment continues to exist. <Amended on Aug. 14, 2018>
(7) The head of a related administrative agency with the authority to approve completion or use of a Class-I or Class-II establishment (referring to the head of any of the public institutions prescribed in Article 4 of the Act on the Management of Public Institutions, if such public institution is entrusted with the authority to approve completion or use of such establishment pursuant to relevant statutes or regulations) shall examine the documents submitted under paragraph (1) by the project entity building and supplying the Class-I or Class-II establishment to approve completion or use of the establishment. <Amended on Aug. 14, 2018>
(8) The head of any related administrative agency who approves completion or use of an establishment under paragraph (7) shall notify the Minister of Land, Infrastructure and Transport of approval of completion or use of the establishment within one month from the date of approval of the completion or use, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 14, 2018>
(9) Methods for submitting documents under paragraphs (1) through (4) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 14, 2018>
 Article 10 (Inspection of Design Documents)
(1) An institution registered as specializing in safety examinations pursuant to Article 28 (hereinafter referred to as "institution specializing in safety examinations"), the Korea Authority of Land and Infrastructure Safety established pursuant to the Act on Korea Authority of Land and Infrastructure Safety (hereinafter referred to as the "Korea Authority of Land and Infrastructure Safety"), or a maintenance business entity registered pursuant to Article 9 of the Framework Act on the Construction Industry (hereinafter referred to as "maintenance business entity") may request the relevant management authority to allow the inspection of documents related to the designing, construction, and supervision of construction of the relevant establishment or to issue copies of such documents, if necessary for conducting a safety inspection, full safety examination, or emergency safety inspection (hereinafter referred to as "safety inspection or examination") or for performing maintenance works: Provided, That such documents about an establishment may be inspected with consent of the relevant management authority or related agency, if necessary to keep relevant information confidential for national defense or security. <Amended on Jun. 9, 2020>
(2) Any of the following persons may request the Minister of Land, Infrastructure and Transport to allow the inspection of relevant documents about an establishment, including design documents and the establishment management register, if necessary for the safety and maintenance of the establishment: <Amended on Jun. 9, 2020>
1. The head of any related administrative agency;
2. An institution specializing in safety examinations, the Korea Authority of Land and Infrastructure Safety, or a maintenance business entity;
3. A central committee for investigating an accident involving an establishment or a committee for investigating an accident involving an establishment under Article 58 (4) or (5).
(3) Upon receiving a request for inspection of documents or issuing copies of documents under paragraph (1) or (2), the relevant management authority or the Minister of Land, Infrastructure and Transport shall comply with such request unless there is a compelling reason not to do so.
(4) The scope of relevant documents to be inspected under paragraphs (1) and (2), the procedure and methods for inspection, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
CHAPTER III SAFETY CONTROL OF ESTABLISHMENTS
SECTION 1 Safety Inspections or Examinations
 Article 11 (Safety Inspections)
(1) Every management authority shall conduct safety inspections regularly to maintain the safety and functions of the establishment under its management: Provided, That the head of a relevant Si/Gun/Gu shall conduct safety inspections of any establishment prescribed in the proviso to Article 6 (1).
(2) A management authority who shall conduct the final full safety inspection before the end of the defect warranty period (referring to the defect warranty period for the essential sections specified by Presidential Decree, among all sections of an establishment, if sections of the establishment have different defect warranty periods) shall request an institution specializing in safety examinations or the Korea Authority of Land and Infrastructure Safety to conduct the full safety inspection on its behalf. <Amended on Jun. 9, 2020>
(3) If a private management authority becomes unable to conduct a safety inspection due to a default of payment resulting from inability to pay bills or checks or other cause or event, the head of a relevant Si/Gun/Gu may conduct the safety inspection on behalf of the private management authority. In such cases, the head of the relevant Si/Gun/Gu may claim reimbursement by the private management authority for expenses incurred in the safety inspection.
(4) If a private management authority fails to reimburse the head of a Si/Gun/Gu for expenses incurred by the head of the Si/Gun/Gu in conducting a safety inspection on behalf of the private management authority, as claimed pursuant to paragraph (3), the head of the Si/Gun/Gu may collect such expenses in the same manner as delinquent local taxes are collected.
(5) Level of safety inspections for each class of establishment, the timing for conducting safety inspections, the procedure and methods for conducting safety inspections, qualifications for persons eligible to conduct safety inspections, and other matters necessary for conducting safety inspections, shall be prescribed by Presidential Decree.
 Article 12 (In-Depth Safety Inspections)
(1) Every management authority shall conduct full safety examinations for Class-I establishments regularly.
(2) A management authority shall conduct a full safety examination, if deemed necessary for preventing an accident or a disaster after conducting a safety inspection under Article 11 or an emergency safety inspection under Article 13. In such cases, the management authority shall commence the full safety examination within one year from the date a fact-finding report is submitted under Article 13 (7) or Article 17 (4).
(3) Where a management authority conducts a full safety examination of any establishment that has not undergone a seismic performance assessment, among establishments subject to seismic design requirements under Article 14 (1) of the Act on the Preparation for Earthquakes and Volcanic Eruptions, it shall conduct a seismic performance assessment of the establishment as part of such full safety examination.
(4) If an evaluation of the findings of a full safety examination, including a seismic performance assessment, conducted under Article 18 reveals need for improvement of seismic performance, the Minister of Land, Infrastructure and Transport may recommend that the relevant management authority improve seismic performance of the relevant establishment.
(5) The timing for conducting full safety examinations, the procedure and methods for conducting full safety examinations, qualifications for persons eligible to conduct full safety examinations, and other matters necessary for conducting full safety examinations, shall be prescribed by Presidential Decree.
 Article 13 (Conduct of Emergency Safety Inspections)
(1) When a management authority finds that an establishment is at risk of collapsing or falling, it shall conduct an emergency safety inspection.
(2) If the Minister of Land, Infrastructure and Transport or the head of any related administrative agency finds that the structure of an establishment is likely to seriously affect safe public use of the establishment, he or she may instruct public officials of the Ministry or agency to conduct an emergency safety inspection or may request the relevant management authority or the head of the relevant Si/Gun/Gu (limited to establishments prescribed in the proviso to Article 6 (1)) to conduct an emergency safety inspection. In such cases, a person so requested shall comply with such request unless there is a compelling reason not to do so. <Amended on Jun. 9, 2020>
(3) Where the Minister of Land, Infrastructure and Transport or the head of any related administrative agency conducts an emergency safety inspection under paragraph (2), he or she may conduct the emergency safety inspection jointly with other related agencies or experts to increase the efficiency of the inspection.
(4) Any public official who conducts an emergency safety inspection under paragraph (2) may ask questions to interested persons, as necessary, or may inspect relevant documents, etc.
(5) Any public official who conducts an emergency safety inspection under paragraph (2) shall carry a certificate indicating his or her authority and present the certificate to interested persons.
(6) When the Minister of Land, Infrastructure and Transport or the head of any related administrative agency completes an emergency safety inspection under paragraph (2), he or she shall notify the relevant management authority of the findings; and may order the management authority to conduct a full safety examination and take other necessary measures, such as repair and reinforcement works, if he or she deems that such measures are necessary for ensuring the safety of the establishment.
(7) When a management authority or the head of any related administrative agency completes an emergency safety inspection under paragraph (1) or (2), the management authority or the head of the administrative agency shall submit a fact-finding report to the Minister of Land, Infrastructure and Transport. Article 6 (4) through (7) shall apply mutatis mutandis where the management authority submits fact-finding reports.
(8) The procedure and methods for conducting emergency safety inspections, qualifications for persons eligible to conduct emergency safety inspections, and other matters necessary for conducting emergency safety inspections shall be prescribed by Presidential Decree.
 Article 14 (Judicial Police Power)
Any public official who conducts an emergency safety inspection under Article 13 (2) shall perform the duties of a judicial police officer regarding offenses committed in connection with the emergency safety inspection, including refusing, evading, or interfering with, the emergency safety inspection without just cause, as prescribed by the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties.
 Article 15 (Assistance to Local Governments)
The State may provide support as necessary for designating Class-III establishments and conducting safety inspections or examinations.
 Article 16 (Determination of Safety Ratings of Establishments)
(1) Any person who conducts a safety inspection or examination shall determine the safety rating of a relevant establishment based on the findings of the safety inspection or examination according to standards prescribed by Presidential Decree.
(2) Notwithstanding paragraph (1), the Minister of Land, Infrastructure and Transport may change the safety rating of an establishment in any of the following cases. In such cases, the Minister of Land, Infrastructure and Transport shall notify the management authority of the establishment of such change:
1. Where it is deemed necessary to change the safety rating after evaluating the findings of a full safety inspection or full safety examination under Article 18;
2. Where it is deemed necessary to adjust the safety rating after a report on the results of maintenance submitted pursuant to Article 41 is confirmed and repair and reinforcement works for the relevant establishment are completed;
3. Where the Minister of Land, Infrastructure and Transport deems it necessary to adjust the safety rating because the condition of the relevant establishment changes due to an accident or a disaster.
(3) The method and procedure for determining or changing safety ratings under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 17 (Reporting of Findings of Safety Inspections and Full Safety Examinations)
(1) Any person who has conducted a safety inspection under Article 11 or a full safety examination under Article 12 shall prepare a fact-finding report on such inspection or examination, as prescribed by Presidential Decree, and shall forward the report to a relevant management authority and the head of a relevant Si/Gun/Gu (limited to cases of the proviso to Article 11 (1) and Article 11 (3); hereafter, the same shall apply in this Article and Article 18).
(2) A person who prepares a fact-finding report under paragraph (1) on a safety inspection or full safety examination conducted by the person shall observe the following rules:
1. The person shall not prepare a fact-finding report on the safety inspection or full safety examination by copying a fact-finding report on other safety inspection or full safety examination;
2. The person shall not prepare a false or poor fact-finding report on the safety inspection or full safety examination or false or poor data on which such report is based;
3. The person shall retain the fact-finding report on the safety inspection or full safety examination and the data on which such report is based for the period specified by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Detailed criteria for identifying copied, false, or poor reports referred to in paragraph (2) 1 and 2 shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) A management authority and the head of a relevant Si/Gun/Gu shall submit a fact-finding report on a safety inspection or full safety examination under paragraph (1) to the Minister of Land, Infrastructure and Transport. In such cases, Article 6 (4) through (7) shall apply mutatis mutandis to the procedure for submitting reports.
(5) Where a management authority or the head of a Si/Gun/Gu fails to submit a fact-finding report pursuant to paragraph (4), the Minister of Land, Infrastructure and Transport may order it to submit the result report within a specified period. <Newly Inserted on Aug. 20, 2019>
(6) The method for forwarding reports under paragraph (1), the timing and methods for submitting reports under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree. <Amended on Aug. 20, 2019>
 Article 18 (Evaluation of Findings of Full Safety Inspections or Full Safety Examinations)
(1) Upon receiving a fact-finding report on a full safety inspection or full safety examination pursuant to Article 17 (4), the Minister of Land, Infrastructure and Transport may evaluate findings of the full safety inspection or full safety examination, to improve the technique for full safety inspections or full safety examinations and to prevent poor inspections or examinations.
(2) The Minister of Land, Infrastructure and Transport may request a management authority, the Korea Authority of Land and Infrastructure Safety, an institution specializing in safety examinations, or a maintenance business entity to submit data necessary for the evaluation under paragraph (1). In such cases, a person requested to submit data shall comply with such request unless there is a compelling reason not to do so. <Amended on Jun. 9, 2020>
(3) Where the findings of a full safety inspection or full safety examination conducted pursuant to paragraph (1) turns out to be inappropriate, such as poor performance, the Minister of Land, Infrastructure and Transport shall notify the relevant management authority or the head of the relevant Si/Gun/Gu thereof; and the management authority or the head of the relevant Si/Gun/Gu shall submit the report after correcting or supplemating it, as prescribed by Presidential Decree: Provided, That if a person who conducts a precise safety inspection or precise safety diagnosis under Article 26 (1) or (2), such person shall correct or supplement the relevant request and submit it to the Minister of Land, Infrastructure and Transport. <Newly Inserted on Aug. 20, 2019>
(4) Where a management authority, the head of a Si/Gun/Gu, or a person who vicariously conducts a precise safety inspection or precise safety examination fails to submit a modified or supplemented fact-finding report pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport may order him or her to submit it within a specified period. <Newly Inserted on Aug. 20, 2019>
(5) Where the Minister of Land, Infrastructure and Transport deems it necessary after evaluating the findings of a full safety inspection or full safety examination pursuant to paragraph (1) (excluding where it is found that the findings are inappropriate as prescribed in paragraph (3)), he or she may request the relevant management authority or the head of the relevant Si/Gun/Gu to correct or supplement the relevant report on findings. <Amended on Aug. 20, 2019>
(6) Necessary matters regarding the details of, procedures and methods for evaluations under paragraph (3) shall be determined by Presidential Decree. <Amended on Aug. 20, 2019>
 Article 19 (Safety Inspections or Examinations of Vulnerable Small Establishments)
(1) Upon receiving a request from the manager or owner of any of the establishments specified by Presidential Decree (hereinafter referred to as "vulnerable small establishment"), such as a social welfare establishment deemed vulnerable to safety risks or at risk of disaster, among establishments not specified in the subparagraphs of Article 7, or from the head of any related administrative agency, the Minister of Land, Infrastructure and Transport may conduct a safety inspection or examination.
(2) Upon receiving a request under paragraph (1), the Minister of Land, Infrastructure and Transport shall conduct a safety inspection or examination of the vulnerable small establishment and shall notify the manager or owner of the small establishment or the head of the related administrative agency of findings and information necessary for safety measures.
(3) Upon receipt of the notification under paragraph (2), the manager or owner of the vulnerable small establishment or the head of the related administrative agency shall submit a plan for repair or reinforcement measures necessary for such measures, to the head of the following relevant administrative agency and endeavor to implement the plan in good faith: <Amended on Aug. 20, 2019>
1. If a person who is responsible for the management of vulnerable small facilities in accordance with a management contract, etc. concluded with the owner of such small vulnerable facilities or the owner of such small vulnerable facilities in accordance with the related statutes (hereinafter referred to as "manager of small vulnerable facilities") is an agency affiliated with the central administrative agency or is under the supervision of the said agency, the head of the competent central administrative agency;
2. If the manager of a small vulnerable facility belongs to the Mayor/Do Governor or is an institution under supervision, the Mayor/Do Governor belongs;
3. The head of the competent Si/Gun/Gu of the manager of other small-scale vulnerable facilities.
(4) The head of a Si/Gun/Gu who has received a remuneration/reinforcement action plan submitted pursuant to paragraph (3) shall report the submitted data to the competent Mayor/Do Governor (excluding a Self-Governing City Mayor or Special Self-Governing Province Governor), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Aug. 20, 2019>
(5) Upon receipt of a plan for measures for repair or reinforcement under paragraphs (3) and (4), the head of a central administrative agency and a Mayor/Do Governor shall verify the plan and submit data related to the plan for measures for repair or reinforcement to the Minister of Land, Infrastructure and Transport. <Newly Inserted on Aug. 20, 2019>
(6) The head of the relevant administrative agency falling under each subparagraph of paragraph (3) shall formulate a plan for the safety inspection and management of vulnerable small establishments, including matters prescribed by Presidential Decree, such as the current status of vulnerable small establishments, every year for the systematic safety management of vulnerable small establishments in his or her jurisdiction. <Newly Inserted on Aug. 20, 2019>
(7) The head of a Si/Gun/Gu who has established a safety inspection and management plan pursuant to paragraph (6) shall report the establishment data to the competent Mayor/Do Governor (excluding a Self-Governing City Mayor or Special Self-Governing Province Governor) as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Aug. 20, 2019>
(8) Upon formulating a safety inspection and management plan or receiving a report thereon under paragraph (6) and (7), the head of a central administrative agency or a Mayor/Do Governor shall verify the details thereof and submit data related to the safety inspection and management plan to the Minister of Land, Infrastructure and Transport. <Newly Inserted on Aug. 20, 2019>
(9) The Minister of Land, Infrastructure and Transport or the head of any related administrative agency may provide educational programs for the safety and maintenance of vulnerable small establishments to the managers, owners, etc. of vulnerable small establishments, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 20, 2019>
(10) The methods and procedures for conducting safety inspections or examinations under paragraph (1) and (2), and the preparation and submission of plans for repair and reinforcement or plans for safety inspections and management under paragraphs (3) through (8), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 20, 2019>
 Article 20 (Obligations of Persons Conducting Safety Inspections or Examinations)
(1) Any person conducting safety inspections or examinations shall do so according to the methods, procedures, etc. for safety inspections or examinations prescribed by the guidelines for safety inspections or examinations under Article 21.
(2) Any person conducting safety inspections or examinations shall do so within the scope of works specified by Presidential Decree based on the number of technical personnel or the registered field of business.
 Article 21 (Guidelines for Safety Inspections or Examinations)
(1) The Minister of Land, Infrastructure and Transport shall formulate guidelines for safety inspections or examinations, including the timing, methods, procedures, etc. for conducting safety inspections, full safety examinations, and emergency safety inspections, as prescribed by Presidential Decree, and shall publish notice of the guidelines in the Official Gazette.
(2) The Minister of Land, Infrastructure and Transport shall have prior consultation with the heads of related administrative agencies to formulate the guidelines under paragraph (1) and may request the heads of related administrative agencies to submit relevant materials, where necessary.
 Article 21-2 (Publication of Lists of Violators of Matters to be Observed in Preparing Reports on Results)
(1) The Minister of Land, Infrastructure and Transport may publish a list of persons who have violated Article 17 (2) 1 or 2 (referring to persons who have prepared poorly, at least three times) for the two years from the immediately preceding year: Provided, That measures against which an appeal process, such as an objection, is pending shall be excluded from the list subject to publication.
(2) A deliberation committee for the publication of the list of violators of matters to be observed in preparing a report on results, (hereafter in this Article referred to as "deliberation committee"), shall be established under the Ministry of Land, Infrastructure and Transport to deliberate on whether to publish the list under paragraph (1).
(3) The Minister of Land, Infrastructure and Transport shall notify persons subject to publication who have undergone a deliberation, that they are subject to the publication of the list, and give them an opportunity to make explanatory statements for a fixed period of at least one month.
(4) Matters necessary for the method of publicizing the list and the composition and operation of the deliberation committee pursuant to paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 20, 2019]
SECTION 2 Safety Measures for Preventing Disasters
 Article 22 (Notification of Critical Defects in Establishments)
(1) If any person conducting a safety inspection or examination finds any of the critical defects specified by Presidential Decree, including erosion or differential settlement of the foundation of an establishment, in the relevant establishment, the person shall notify a relevant management authority and the head of a relevant Si/Gun/Gu of the findings, without delay, as prescribed by Presidential Decree.
(2) Where a person who conducts a safety inspection or examination finds any defect in a facility specified by Presidential Decree, such as the destruction of a bridge rail, in addition to a significant defect under paragraph (1), in the part used by the public, the person shall notify the relevant management authority and the head of the competent Si/Gun/Gu, without delay, as prescribed by Presidential Decree. <Newly Inserted on Aug. 20, 2019; Jun. 9, 2020>
(3) A management authority shall immediately notify the head of a relevant administrative agency responsible for the management or supervision of the relevant establishment and the Minister of Land, Infrastructure and Transport of the details notified of a significant defect under paragraph (1) or a defect in a part used by the public under paragraph (2) (hereinafter referred to as "significant defect, etc."). <Amended on Aug. 20, 2019; Jun. 9, 2020>
[Title Amended on Aug. 20, 2019]
 Article 23 (Emergency Safety Measures)
(1) The management authority shall take safety measures such as restrictions on use, prohibition of use, removal of establishments, and evacuation of residents when it is deemed that urgent measures are necessary because the impact on the safe use of the public due to the structure of the establishment, such as being notified of significant defect, etc. <Amended on Aug. 20, 2019>
(2) If the head of a Si/Gun/Gu deems it necessary to take emergency measures because significant defect, etc. in the structure of an establishment will seriously affect safe public use after being notified of significant defect, etc. in the establishment pursuant to Article 22 (1), the head of the Si/Gun/Gu may order the relevant management authority to take safety measures, such as restricting or prohibiting the use of the establishment, removing the establishment, and evacuating residents. In such cases, the management authority shall perform safety measures promptly according to the order. <Amended on Aug. 20, 2019>
(3) When a management authority restricts the use of an establishment and takes other measures pursuant to paragraph (1) or (2), it shall notify the head of a related administrative agency and the Minister of Land, Infrastructure and Transport of the measures immediately; and upon receiving such notification, the head of the related administrative agency shall publicly announce such measures.
(4) If a person ordered to take safety measures under paragraph (2) fails to comply with an order to take measures, the head of a relevant Si/Gun/Gu may take safety measures on behalf of such person. The Administrative Vicarious Execution Act shall apply mutatis mutandis to such cases.
(5) To take safety measures under paragraph (4), the head of a Si/Gun/Gu shall give written notice of the measures to a relevant management authority in advance: Provided, That such written notice may be given after taking safety measures in an emergency or if it is impossible to give written notice.
 Article 24 (Repair and Reinforcement of Establishments)
(1) Upon receiving an order to take measures under Article 13 (6) or notice of significant defect, etc. in a facility under Article 23 (1), the management authority shall take necessary measures, including repairing and reinforcing the establishment, as prescribed by Presidential Decree. <Amended on Aug. 20, 2018>
(2) If a management authority fails to take necessary measures, such as repairing and reinforcing an establishment under paragraph (1), the Minister of Land, Infrastructure and Transport or the head of a related administrative agency may order the management authority to take measures as ordered and to take corrective measures.
(3) After taking necessary measures, such as repairing and reinforcing an establishment under paragraph (1), the management authority shall notify the Minister of Land, Infrastructure and Transport and the head of a related administrative agency of the results of the measures.
(4) The timing, methods, and procedure for notification under paragraph (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 25 (Installation of Danger Sign)
(1) If any of significant defect, etc. is found in an establishment during a safety inspection or examination or if it is found necessary to urgently repair and reinforce an establishment after its safety rating is determined under Article 16, the management authority shall install danger signs in and around such the establishment and shall inform residents of the danger through broadcasting, Internet, and other media. <Amended on Aug. 20, 2019>
(2) Details about the size, content, etc. of the danger sign installed pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) No person shall relocate or deface any danger sign without permission from the management authority.
CHAPTER IV OUTSOURCING OF SAFETY INSPECTIONS OR EXAMINATIONS
 Article 26 (Outsourcing of Safety Inspections or Examinations)
(1) A management authority may outsource safety inspections and emergency safety inspections to the Korea Authority of Land and Infrastructure Safety, an institution specializing in safety examinations, or a maintenance business entity. <Amended on Jun. 9, 2020>
(2) Every management authority shall conduct a full safety examination by outsourcing the full safety examination to the Korea Authority of Land and Infrastructure Safety or an institution specializing in safety examinations: Provided, That it shall outsource full safety examinations of the establishments specified by Presidential Decree only to the Korea Authority of Land and Infrastructure Safety. <Amended on Jun. 9, 2020>
(3) Where a management authority intends to have the Korea Authority of Land and Infrastructure Safety, an institution specializing in safety examinations, or a maintenance business entity conduct a safety inspection, an emergency safety inspection, or an in-depth safety inspection pursuant to paragraph (1) or (2) on its behalf, the management authority shall not have the safety management authority diagnose conditions different from the actual facts or request the business entity to prepare a false or poor fact report on the results. <Newly Inserted on Aug. 20, 2019; Jun. 9, 2020>
(4) When the Korea Authority of Land and Infrastructure Safety or an institution specializing in safety examinations conducts a full safety examination pursuant to paragraph (2), it may do so jointly with another institution specializing in safety examinations with approval from a relevant management authority. <Amended on Aug. 20, 2019; Jun. 9, 2020>
 Article 27 (Restriction on Subcontracting)
(1) No institution specializing in safety examinations, a maintenance business entity, or the Korea Authority of Land and Infrastructure Safety, to whom a contract for a safety inspection or examination is awarded by a management authority, shall subcontract the safety inspection or examination to any third party: Provided, That in any of the cases specified by Presidential Decree, such as where any special technology is required to the extent not exceeding 50/100 of the total contract price, a subcontract for a specific field of works may be awarded only once. <Amended on Jun. 9, 2020>
(2) Any person who awards a subcontract pursuant to the proviso to paragraph (1) shall notify the management authority of the subcontract, as prescribed by Presidential Decree.
(3) If a management authority has a reasonable ground to suspect that an institution specializing in safety examinations, a maintenance business entity, or the Korea Authority of Land and Infrastructure Safety has subcontracted a certain work to a third party in violation of paragraph (1), it may request any of the following persons to conduct a fact-finding investigation: <Amended on Jun. 9, 2020>
1. In cases of an institution specializing in safety examinations: A Mayor/Do Governor;
2. In cases of a maintenance business entity: The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor;
3. In cases of the Korea Authority of Land and Infrastructure Safety: The Minister of Land, Infrastructure and Transport.
(4) Upon receiving a request under paragraph (3), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall conduct a fact-finding investigation, as necessary, and shall notify a relevant management authority of his or her findings.
(5) If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor finds that a contractor has subcontracted a certain work to a third party in violation of paragraph (1) after conducting an investigation under paragraph (4), he or she shall take any of the actions specified in Article 31, request the competent authority to take any of such actions, or take other necessary measures.
(6) If deemed necessary for conducting a fact-finding investigation under paragraph (4), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may request an institution specializing in safety examinations, a maintenance business entity, the Korea Authority of Land and Infrastructure Safety, and other interested persons to submit documents, as necessary, and may instruct public officials of the Ministry or the local government to enter the office or place of business of such institution, business entity, or corporation to inspect books of account, documents, or other materials or articles. <Amended on Jun. 9, 2020>
 Article 28 (Registration of Institutions Specializing in Safety Examinations)
(1) Any person outsourced to conduct safety inspections or examinations of establishments or to assess the performance of establishments shall meet the standards for registration prescribed by Presidential Decree for each category, such as technical personnel and equipment, and shall register his or her business as an institution specializing in safety examinations with the competent Mayor/Do Governor.
(2) The Mayor/Do Governor shall issue a certificate of registration upon registering an institution specializing in safety examinations pursuant to paragraph (1).
(3) When any of the registered matters specified by Presidential Decree changes, a relevant institution specializing in safety examinations shall report the change to the competent Mayor/Do Governor within 30 days from the date of such change.
(4) A Mayor/Do Governor in receipt of a report prescribed in paragraph (3) shall review the details thereof and if it is in compliance with this Act, accept the report. <Newly Inserted on Oct. 20, 2020>
(5) If an institution specializing in safety examinations loses its certificate of registration issued under paragraph (2) or if such certificate is defaced, the institution may apply for reissue of the certificate. <Amended on Oct. 20, 2020>
(6) When an institution specializing in safety examinations intends to temporarily close its business for at least one year, resume its business, or permanently close its business, it shall file a report thereon with the competent Mayor/Do Governor. <Amended on Oct. 20, 2020>
(7) Upon having registered a forest project cooperation pursuant to paragraph (6), the competent Mayor/Do Governor shall publicly notify such registration. <Amended on Oct. 20, 2020>
(8) When a Mayor/Do Governor registers an institution specializing in safety examinations or receives a report of change in registered matters from an institution specializing in safety examinations under paragraph (1), (3), (4) or (6), or when a report of temporary closure, reopening, or closure of business is received from an institution specializing in safety examinations, the Mayor/Do Governor shall notify the Minister of Land, Infrastructure and Transport of such registration or report. <Amended on Oct. 20, 2020>
(9) Matters necessary for registering institutions specializing in safety examinations, issuing certificates of registration, reporting changes in registered matters and delivering certificates of registration under paragraphs (1) through (5), and the methods, procedure, etc. for filing reports under paragraph (6), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Oct. 20, 2020>
 Article 29 (Grounds for Disqualification)
None of the following persons is qualified to register his or her business as an institution specializing in safety examinations:
1. A person who is under adult guardianship or limited guardianship;
2. A person who was declared bankrupt but is not yet reinstated;
3. A person in whose case two years have not passed since registration of his or her business was revoked under Article 31: Provided, That the foregoing shall not apply where registration of his or her business is revoked under Article 31 (1) 10;
4. A person in whose case two years have not passed since a sentence of imprisonment with labor or heavier punishment imposed upon him or her for a violation of this Act was completely executed (or is deemed completely executed) or remitted;
5. A person who was sentenced to the suspension of imprisonment with labor or heavier punishment for a violation of this Act and is still in the period of suspension;
6. A juristic person, the executive of which falls under any of the subparagraphs 1 through 5.
 Article 30 (Prohibition from Lending Names)
No institution specializing in safety examinations shall allow a third person to conduct safety inspections or examinations or performance assessments under its name or trade name, or lend the certificate of registration of the institution specializing in safety examinations to a third person.
 Article 31 (Cancellation of Registration)
In any of the following cases, a Mayor/Do Governor may revoke registration of an institution specializing in safety examinations or may order an institution specializing in safety examinations to suspend business for a specified period not exceeding one year: Provided, That a Mayor/Do Governor shall revoke registration of such institution in cases of subparagraphs 1 through 3, 10, 11, and 17: <Amended on Oct. 20, 2020>
1. Where the vehicle owner has registered the vehicle by deception or other fraudulent means;
2. Where it performs an act falling under the suspension of business again though it has been subject to the suspension of business twice within the last two years;
3. If the institution specializing in safety examinations was ordered to suspend business but entered into a new agency contract for safety inspections or examinations or for performance assessments during a period of suspension of business;
4. If the institution specializing in safety examinations has no record of performing safety inspections or examinations or performance assessments during, at least, the most recent three-year period (excluding the period of temporary closure reported pursuant to Article 28 (6) in calculating the period) without just cause;
5. If the results of an evaluation conducted by the Minister of Land, Infrastructure and Transport under Article 18 of the findings of a full safety inspection or examination conducted by the institution specializing in safety examinations reveals that the institution intentionally or negligently made wrong findings as to the safety or has performed its business activities improperly;
6. If the institution specializing in safety examinations fails to perform safety inspections or examinations and other business activities in good faith, in violation of Article 20 (1), thus causing damage to an establishment or a critical defect in the structure of an establishment;
7. If the institution specializing in safety examinations violates the scope of safety inspections or examinations under Article 20 (2);
8. If the institution specializing in safety examinations subcontracts a safety inspection or examination to a third person in violation of Article 27;
9. If the institution specializing in safety examinations fails to meet any of the standards for registration under Article 28 (1): Provided, That the foregoing shall not apply to cases specified by Presidential Decree, such as where an institution specializing in safety examinations temporarily fails to meet any of the standards for registration;
10. Where an environmental impact assessment agent falls under any subparagraph of Article 29: Provided, That the foregoing shall not apply where the corporation that falls under subparagraph 6 of Article 29 appoints a replacement for such executive officer within six months;
11. Where the institution specializing in safety examinations allows a third person to use its name or trade name or lends the certificate of registration of the institution specializing in safety examinations to a third person in violoation of Article 30;
12. Where a new reason that falls under an order to take corrective action arises after it has received an order to take corrective action under Article 35 for the last two years;
13. If the institution specializing in safety examinations fails to conduct a performance assessment in good faith, in violation of Article 42 (1), and has consequently caused damage to an establishment or a critical defect in the structure of an establishment;
14. If the institution specializing in safety examinations assigns a safety inspection or examination or a performance assessment to any person other than the persons qualified to perform safety inspections under Article 11, full safety examinations under Article 12, emergency safety inspections under Article 13, or performance assessments under Article 40 (hereafter referred to as "engineer" in this Article);
15. If the institution specializing in safety examinations assigns a safety inspection or examination or a performance assessment to be performed by an engineer among its executive officers and employees, to any engineer who is neither its executive officer nor employee;
16. If any administrative agency requests the institution specializing in safety examinations to suspend business pursuant to relevant statutes or regulations;
17. If the Minister of Land, Infrastructure and Transport, the head of a responsible administrative agency, or the head of a relevant local government confirms permanent closure of the institution specializing in safety examinations.
(2) The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may request a maintenance business entity to suspend business or to be deregistered under subparagraph 11 of Article 83 of the Framework Act on the Construction Industry, if:
1. The maintenance business entity enters into a new agency contract for a safety inspection, an emergency safety inspection, or maintenance during a period of suspension of business after it is ordered to suspend business;
2. The results of an evaluation conducted by the Minister of Land, Infrastructure and Transport under Article 18 of the findings of a full safety inspection conducted by the maintenance business entity reveals that the maintenance business entity intentionally or negligently made wrong findings as to the safety or has performed its business activities improperly;
3. The maintenance business entity fails to perform a safety inspection or emergency safety inspection in good faith, in violation of Article 20 (1), and has consequently caused damage to an establishment or a critical defect in the structure of an establishment;
4. The maintenance business entity violates the scope of safety inspections or emergency safety inspections under Article 20 (2);
5. The maintenance business entity subcontracts a safety inspection or emergency safety inspection to a third person in violation of Article 27;
6. Where a new reason that falls under an order to take corrective action arises after it has received an order to take corrective action under Article 35 for the last two years;
7. The maintenance business entity fails to conduct maintenance works in good faith, in violation of Article 42 (1), and has consequently caused serious damage to an establishment;
8. The maintenance business entity assigns a safety inspection or emergency safety inspection to any person other than an engineer;
9. The maintenance business entity assigns a safety inspection or emergency safety inspection to be performed by an engineer among its executive officers and employees, to any engineer who is neither its executive officer nor employee.
(3) Upon receiving a request to suspend business or deregister under paragraph (2), the head of a related administrative agency shall notify the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor of the results of the measure taken by him or her.
(4) Detailed criteria for administrative actions provided for in paragraph (1) shall be prescribed by Presidential Decree based upon the grounds for such actions, the degree of the relevant offence, etc.
 Article 32 (Hearings)
A Mayor/Do Governor shall hold a hearing in order to revoke the registration of an institution specializing in safety examinations or to suspend business of an institution specializing in safety examinations under Article 31.
 Article 33 (Business Performance after Administrative Dispositions)
(1) After registration of an institution specializing in safety examinations is revoked or it is ordered to suspend business under Article 31 or after a maintenance business entity is deregistered or ordered to suspend business according to a request under Article 31 (2), the institution or maintenance business entity may continue to perform tasks only for the agency contracts for safety inspections or examinations or for performance assessments entered into before such administrative action is taken. In such cases, such institution specializing in safety examinations or maintenance business entity shall notify the management authorities with whom it entered into an agency contract for safety inspections or examinations or for performance assessments of the details of such administrative action, without delay.
(2) A management authority may terminate a relevant contract within 30 days from the date the management authority receives notice under paragraph (1) or becomes aware of the relevant administrative action.
(3) A person who continues to perform tasks under paragraph (1) shall be deemed an institution specializing in safety examinations or a maintenance business entity regarding such tasks until it completes such tasks.
 Article 34 (Reporting and Inspection)
(1) If deemed necessary to ascertain business activities and the status of safety inspections or examinations conducted by an institution specializing in safety examinations or a maintenance business entity, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may order the institution specializing in safety examinations or the maintenance business entity to submit a report or relevant materials, as necessary, or may instruct public officials of the Ministry or local government to inspect relevant documents, etc.
(2) Where a public official conducts an examination under paragraph (1), he or she shall notify a person subject to examination of his or her examination plan concerning the date and time of the examination, reasons therefor, matters to be examined, etc. no later than seven days prior to the examination: Provided, That the foregoing shall not apply where it is necessary to conduct the examination urgently or he or she deems it difficult to achieve the purpose of the examination due to evidence destruction, etc. where he or she gives prior notification of the examination.
(3) A public official who conducts an inspection under paragraph (1) shall carry a certificate indicating his or her authority and shall present it to interested persons.
 Article 35 (Corrective Orders)
If an institution specializing in safety examinations or a maintenance business entity fails to perform safety inspections or examinations, maintenance, or performance assessments in good faith, in violation of Article 20 (1) or 42 (1), and is likely to endanger the general public, the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor may order the institution or maintenance business entity to take corrective measures within a specified period.
 Article 36 (Management of Records of Safety Inspections or Examinations or of Performance Assessments)
(1) Upon completing a safety inspection or examination or a performance assessment, an institution specializing in safety examinations or a maintenance business entity shall submit records of the findings of such inspection, examination or assessment verified by the relevant management authority, etc. to the Minister of Land, Infrastructure and Transport via the head of the following administrative agencies:
1. If the management authority is an agency affiliated with a central administrative agency or a public management authority supervised by a central administrative agency: The head of the relevant central administrative agency;
2. If the management authority is any public management authority other than those referred to in subparagraph 1: The competent Mayor/Do Governor;
3. If the management authority is a private management authority: The head of the relevant Si/Gun/Gu or the competent Mayor/Do Governor.
(2) Every Mayor/Do Governor shall report the status of administrative actions taken against institutions specializing in safety examinations, such as suspension of business, to the Minister of Land, Infrastructure and Transport each year.
(3) The Minister of Land, Infrastructure and Transport shall manage records of safety inspections or examinations or of performance assessments submitted under paragraph (1) and may issue a certificate of performance of safety inspections or examinations or performance assessments upon request of an institution specializing in safety examinations or a maintenance business entity.
(4) The Minister of Land, Infrastructure and Transport may disclose the status of institutions specializing in safety examinations and maintenance business entities and the performance records submitted under paragraph (1) to the public to enable the management authorities to select persons competent in conducting safety inspections or examinations or performance assessments.
(5) Matters necessary for submitting performance records under paragraphs (1) through (4), reporting the status of administrative actions, and issuing certificates of performance, the scope of performance records to be disclosed, the methods and procedures for such disclosure, and other related matters, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 37 (Basis for Calculating Expenses for Safety Inspections or Examinations)
The Minister of Land, Infrastructure and Transport shall determine and publicly notify the basis for calculating expenses necessary for performing safety inspections or examinations.
 Article 38 (Transfer of Business by Institutions Specializing in Safety Examinations)
(1) If an institution specializing in safety examinations intends to transfer its business to another person or to merge with another institution, it shall report the transfer or merger to the competent Mayor/Do Governor.
(2) A Mayor/Do Governor in receipt of a report prescribed in paragraph (1) shall review the details thereof and if it is in compliance with this Act, accept the report. <Newly Inserted on Oct. 20, 2020>
(3) A business transferee or a corporation incorporated after a merger or surviving a merger shall succeed to the status of an institution specializing in safety examinations upon filing a report required under paragraph (1). <Amended on Oct. 20, 2020>
(4) Any person who succeeds to the status of an institution specializing in safety examinations under paragraph (3) shall succeed to performance records of that institution specializing in safety examinations under Article 36 (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Oct. 20, 2020>
(5) Paragraphs (1) through (4) shall apply mutatis mutandis to inheritance of the business of an institution specializing in safety examinations. In such cases, the registration of an institution specializing in safety examinations of the decedent shall be deemed the registration of an institution specializing in safety examinations of the heir during the period from the date of the death of the decedent until the date on which the report is accepted. <Amended on Oct. 20, 2020>
CHAPTER V MAINTENANCE OF ESTABLISHMENTS
 Article 39 (Maintenance of Establishments)
(1) Every management authority shall maintain establishments under its management to preserve their functions and to improve convenience and safety: Provided, That the foregoing shall not apply to any establishments specified by Presidential Decree maintained pursuant to other statutes or regulations.
(2) Any management authority may outsource the maintenance of an establishment to a maintenance business entity or to the person who built the establishment (limited to where the establishment is still within the defect warranty period (referring to the longest defect warranty period, if sections of an establishment have different defect warranty periods)).
(3) Expenses incurred in maintaining an establishment shall be borne by its management authority.
 Article 40 (Performance Assessment of Establishments)
(1) Any management authority of the establishments specified by Presidential Decree, such as roads, railroads, harbors, and dams, shall assess the performance of the establishment to maintain its performance.
(2) The management entity pursuant to paragraph (1) may make the Korea Authority of Land and Infrastructure Safety and institutions specializing in safety examinations performance evaluation on its behalf. <Amended on Jun. 9, 2020>
(3) Any person who conducts a performance assessment shall prepare a report on its findings, as prescribed by Presidential Decree, and shall notify the management authority of the findings.
(4) A management authority shall submit a report on findings of a performance assessment under paragraph (3) to the Minister of Land, Infrastructure and Transport. In such cases, Article 6 (4) through (7) shall apply mutatis mutandis to the procedure for submitting such report.
(5) Article 17 (2) and (3) shall apply mutatis mutandis to the preparation of reports on findings under paragraph (3). In such cases, "safety inspection or full safety examination" shall be construed as "performance assessment".
(6) Any person who completes a performance assessment shall determine the performance rating of a relevant establishment based on findings of the assessment according to the standards prescribed by Presidential Decree.
(7) The timing for conducting performance assessments under paragraph (1), the qualifications for persons conducting such assessments, the methods and procedures for such performance assessments, and other necessary matters, shall be prescribed by Presidential Decree.
 Article 41 (Reporting of Results of Maintenance)
(1) After completing the maintenance works specified by Presidential Decree pursuant to Article 39, any management authority shall prepare a report on the results of such work, as prescribed by Presidential Decree, and shall submit the report to the Minister of Land, Infrastructure and Transport. In such cases, Article 6 (4) through (7) shall apply mutatis mutandis to the procedure for submitting such report.
(2) Article 17 (2) and (3) shall apply to the preparation of reports on the results of maintenance works under paragraph (1). In such cases, "safety inspection or full safety examination" shall be construed as "maintenance works".
 Article 42 (Obligations of Persons Maintaining Establishments or Assessing Performance of Establishments)
(1) Any person who maintains an establishment or assesses the performance of an establishment shall perform such task in good faith according to the methods, procedures, etc. for maintenance or performance assessment prescribed in the guidelines for maintenance and performance assessment under Article 43.
(2) Every management authority shall endeavor to maintain establishments under its management scientifically.
 Article 43 (Guidelines for Maintenance and Performance Assessments)
(1) The Minister of Land, Infrastructure and Transport shall establish guidelines for maintenance and performance assessment regarding the methods, procedures, etc. for maintenance and performance assessment of establishments, as prescribed by Presidential Decree, and publish notice of the guidelines in the Official Gazette.
(2) The Minister of Land, Infrastructure and Transport shall have prior consultation with the heads of related administrative agencies to establish the guidelines under paragraph (1) and may request the heads of the related administrative agencies and the heads of local governments to submit relevant materials, where deemed necessary.
 Article 44 (Basis for Calculating Expenses for Performance Assessments)
The Minister of Land, Infrastructure and Transport shall determine and publicly notify the basis for calculating expenses necessary for conducting performance assessments.
CHAPTER VI REVENUES (Articles 73 through 84-2) Deleted.
 Article 45 Deleted. <Jun. 9, 2020>
 Article 46 Deleted. <Jun. 9, 2020>
 Article 47 Deleted. <Jun. 9, 2020>
 Article 48 Deleted. <Jun. 9, 2020>
 Article 49 Deleted. <Jun. 9, 2020>
 Article 50 Deleted. <Jun. 9, 2020>
 Article 51 Deleted. <Jun. 9, 2020>
 Article 52 Deleted. <Jun. 9, 2020>
 Article 53 Deleted. <Jun. 9, 2020>
 Article 54 Deleted. <Jun. 9, 2020>
CHAPTER VII SUPPLEMENTARY RULES
 Article 55 (Building and Operation of Integrated Information Management System for Establishments)
(1) To systematically manage information about the safety and maintenance of establishments, the Minister of Land, Infrastructure and Transport shall build and operate an integrated information management system for establishments, which includes the following: <Amended on Aug. 14, 2018>
1. The master plans and establishment management plans under Articles 5 and 6;
2. Relevant documents, such as design documents and establishment management registers under Article 9;
3. Details of the notice of approval of completion or use of establishments under Article 9 (8);
4. Fact-finding reports on safety inspections and full safety examinations under Article 17;
5. Evaluation of findings of full safety inspections or full safety examinations under Article 18;
6. Details of emergency safety measures, such as restriction on use under Article 23;
7. Repair and reinforcement of establishments under Article 24;
8. Registration of institutions specializing in safety examinations, reporting of changes in registered matters, reporting of temporary closure, resumption, permanent closure of business, revocation of registration, suspension of business, and administrative fines under Articles 28, 31 (1), and 67;
9. Suspension of business of maintenance business entities, deregistration of maintenance business entities, orders to take corrective measures, and administrative fines under Articles 31 (2), 35, and 67;
10. Performance of safety inspections or examinations or performance assessments under Article 36;
11. Fact-finding reports on performance assessments under Article 40;
12. Reports on results of maintenance under Article 41;
13. Other matters specified by Ordinance of the Ministry of Land, Infrastructure and Transport relating to the safety and maintenance of establishments.
(2) Matters necessary for building and operating the integrated information management system for establishments referred to in paragraph (1) shall be prescribed by Presidential Decree.
(3) Every management authority may build and operate an information system to systematically manage information on the safety and maintenance of establishments under its management. In such cases, the information system may be linked to the integrated information management system for establishments referred to in paragraph (1).
(4) The Minister of Land, Infrastructure and Transport may establish and operate an information system to systematically manage information on safety management of vulnerable small facilities. In such cases, the information system may be linked to the integrated information management system for operation referred to in paragraph (1). <Newly Inserted on Aug. 20, 2019>
 Article 55-2 (Disclosure of Information to Secure Safety of Facilities)
(1) The Minister of Land, Infrastructure and Transport may disclose the following matters concerning facilities to ensure public safety:
1. Facility management plan under Article 6;
2. A history of safety ratings under Article 16;
3. The history of serious defects under Article 22;
4. History of significant defects under Article 22;
5. Records of safety inspections or examinations, performance assessments, and maintenance;
6. Specifications of a facility;
7. Other matters specified by Presidential Decree.
(2) The scope of disclosure of information on facilities pursuant to paragraph (1) shall comply with the following standards:
1. In the case of facilities under the jurisdiction of a public management entity: Matters referred to in paragraph (1) 1 through 7;
2. In the case of facilities prescribed by Presidential Decree, such as facilities used by the general public among the facilities under the jurisdiction of a private management authority: Matters referred to in paragraph (1) 2 through 6;
3. In the facilities under the jurisdiction of a private management authority, other than those in subparagraph 2: Matters referred to in paragraph (1) 6.
(3) Matters necessary for the method and procedure of disclosure under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Oct. 20, 2020]
 Article 56 (Liability for Expenses)
Expenses incurred in conducting safety inspections or examinations and performance assessments shall be borne by a relevant management authority: Provided, That if a full safety examination is required during the defect warranty period due to a cause for which a constructor is liable, expenses incurred in such examination shall be borne by the constructor.
 Article 57 (Securing Budget for Safety and Maintenance of Establishments)
Every public management authority shall secure a budget necessary for the safety and maintenance of establishments under its management each year, as prescribed by Presidential Decree.
 Article 58 (Investigations of Accidents)
(1) Every management authority shall take emergency safety measures, without delay, when an accident occurs at an establishment under its management; a public management authority shall report an accident of a scale equivalent to or greater than that prescribed by Presidential Decree to the head of the responsible administrative agency or the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu; and a private management authority shall report an accident to the head of the competent Si/Gun/Gu.
(2) Upon receiving notice of an accident under paragraph (1), the head of the responsible administrative agency, the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu shall notify the Minister of Land, Infrastructure and Transport of such accident.
(3) Upon receiving notice of an accident under paragraph (1) or (2), the Minister of Land, Infrastructure and Transport, the head of a central administrative agency, or the head of a local government may investigate the causes, etc. of the accident.
(4) The Minister of Land, Infrastructure and Transport may organize and operate a central committee for investigating an accident involving an establishment if deemed necessary to investigate an accident that has caused a greater loss than that prescribed by Presidential Decree to an establishment.
(5) The head of a central administrative agency or the head of a local government may organize and operate a committee for investigating an accident involving an establishment if deemed necessary to investigate an accident, such as collapsing and destruction, at an establishment of a management authority guided and supervised by the administrative agency or local government.
(6) Every management authority shall fully cooperate with the central committee for investigating an accident involving an establishment or a committee for investigating an accident involving an establishment under paragraph (4) or (5) by preserving the scene, submitting materials, providing related equipment, hearing opinions of persons involved, etc., as necessary for the investigation. <Amended on Aug. 20, 2019>
(7) When the head of a central administrative agency or the head of a local government completes an investigation into an accident under paragraph (5), he or she shall notify the Minister of Land, Infrastructure and Transport of the findings of the investigation, without delay. <Amended on Aug. 20, 2019>
(8) The Minister of Land, Infrastructure and Transport, the head of a central administrative agency, or the head of a local government shall publicly announce the findings of an investigation into an accident, conducted by the central committee for investigating the accident involving an establishment under paragraph (4) or by a committee for investigating the accident involving an establishment under paragraph (5). <Amended on Aug. 20, 2019>
(9) Matters necessary for organizing and operating the central committee for investigating an accident involving an establishment or a committee for investigating an accident involving an establishment under paragraph (4) or (5), the details of notice of the investigation into an accident under paragraph (7), the public announcement of findings under paragraph (8), and other necessary matters shall be prescribed by Presidential Decree.
 Article 59 (Inspection of Actual Status)
(1) The Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency, or the head of a local government may inspect the actual status of the safety and maintenance of establishments and vulnerable small facilities. <Amended on Aug. 20, 2019>
(2) The head of a Si/Gun/Gu shall inspect the actual status of the safety and maintenance of establishments managed by private management authorities, including ascertaining whether such management authorities implement establishment management plans, at least once a year.
(3) The Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency, or the head of a local government may advise the head of a related administrative agency, a management authority, or other interested persons to take necessary measures or may request any of them to take corrective measures after conducting an inspection of actual status under paragraph (1). In such cases, a person so requested shall comply therewith unless there is a compelling reason not to do so.
(4) The Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency or the head of a local government may request the head of a related administrative agency, a management authority, or other interested persons to submit relevant materials, if deemed necessary for inspecting actual status under paragraph (1). In such cases, the person so requested shall comply therewith unless there is a compelling reason not to do so.
(5) If the Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency, or the head of a local government may conduct an on-site investigation jointly with related institutions and experts if deemed necessary to raise the efficiency of an inspection of actual status under paragraph (1).
(6) The Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency, or the head of a local government may publicly announce findings of an inspection of actual status, where necessary.
(7) Matters necessary for conducting inspections of actual status, including the specific scope of the establishments of which the Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency, or the head of a local government may inspect actual status under paragraph (1), and for publicly announcing findings of such inspections under paragraph (6), shall be prescribed by Presidential Decree.
 Article 60 (Delegation and Entrustment of Authority)
(1) Part of the authority of the Minister of Land, Infrastructure and Transport provided for in this Act may be delegated to each Mayor/Do Governor or the head of an agency affiliated with the Ministry, as prescribed by Presidential Decree.
(2) The following authority of the Minister of Land, Infrastructure and Transport provided for in this Act may be entrusted to the Korea Authority of Land and Infrastructure Safety or other institution having personnel and equipment necessary for performing the entrusted affairs specified by Presidential Decree, as prescribed by Presidential Decree: <Amended on Aug. 20, 2019; Jun. 9, 2020>
1. Reviewing findings of seismic performance assessments of establishments and advising seismic reinforcement under Article 12 (4);
2. Evaluating findings of full safety inspections or full safety examinations conducted under Article 18 (1) or (2) and requesting relevant materials necessary for such evaluation;
3. Conducting safety inspections or examinations under Article 19 (1), (2), or (9), giving notice of findings of such inspections or examinations and of matters necessary for safety measures, and providing educational programs for safety and maintenance;
4. Managing performance records and issuing certificates of performance under Article 36 (3);
5. Establishment and operation of an integrated information management system for establishments and a small-scale vulnerable facility information system under Article 55 (1) and (4);
6. Matters concerning the operation of the central committee for investigating an accident under Article 58 (4);
(3) The institution entrusted with the authority to evaluate findings of full safety inspections or full safety examinations under paragraph (2) 2 shall establish a committee for evaluating full safety inspections or full safety examinations to examine findings of such inspections and examinations to ensure fairness and expertise of its evaluation, as prescribed by Presidential Decree.
(4) The institution entrusted with the authority to issue certificates of performance under paragraph (2) 4 may charge the applicant a fee not exceeding actual expenses when issuing a certificate of performance under Article 36 (3).
 Article 61 (Duty of Confidentiality)
Any person who performs a safety inspection, full safety examination, emergency safety inspection, maintenance work, or performance assessment shall neither divulge nor steal confidential information which becomes known to him or her in the course of his or her duties: Provided, That the foregoing shall not apply where the Minister of Land, Infrastructure and Transport deems such necessary for the safety and maintenance of an establishment.
 Article 61-2 (Charges for Compelling Compliances)
(1) The Minister of Land, Infrastructure and Transport may impose a charge for compelling compliance on any of the following persons within the scope not exceeding one million won per month until the relevant order is complied with:
1. A person who fails to comply with the order within the implementation period after receiving an order under Article 9 (5);
2. A person who fails to comply with the order within the implementation period after receiving an order under Article 17 (5).;
3. A person who fails to comply with the order within the implementation period after receiving an order under Article 18 (4).
(2) Before imposing an enforcement fine under paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the relevant person of the imposition and collection thereof in writing.
(3) When imposing a charge for compelling compliance fee pursuant to each subparagraph of paragraph (1), the Minister of Land, Infrastructure and Transport shall provide a document stating in detail the amount of compelling compliance fee, the reason for the imposition, the deadline for payment, the receiving institution, the method of raising an objection, and the objection agency.
(4) The Minister of Land, Infrastructure and Transport shall immediately stop the imposition of the new compelling compliance fee if a person who has received a performance order pursuant to Article 9 (5), 17 (5) or 18 (4) comply with the order, but shall collect the compelling compliance fee already imposed.
(5) The Minister of Land, Infrastructure and Transport shall collect the compelling compliance fee in accordance with the example of disposition for arrears of national tax if a person who has been imposed for compelling compliance fee under paragraph (1) fails to pay the fee by the deadline.
(8) Matters concerning the imposition and collection of compelling compliance fees, procedures for raising objections, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 20, 2019]
 Article 62 (Persons Deemed to be Public Officials for Purposes of Penalty Provisions)
Any of the following persons shall be deemed a public official in the application of penalty provisions under Articles 129 through 132 of the Criminal Act: <Amended on Jun. 9, 2020>
1. An executive officer or employee of the Korea Authority of Land and Infrastructure Safety or a person who conducts a safety inspection, full safety examination, emergency safety inspection, maintenance work, or performance assessment;
2. A committee member who is not a public official among the members of the central committee for investigating an accident involving an establishment under Article 58 (4), of a committee for investigating an accident involving an establishment under Article 58 (5), or of a committee for evaluating full safety inspections or full safety examinations under Article 60 (3).
CHAPTER VIII PENALTY PROVISIONS
 Article 63 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not less than one year but not more than 10 years:
1. A person who endangers the public by conducting a safety inspection under Article 11 (1), a full safety examination under Article 12 (1) or (2), or an emergency safety inspection under Article 13 (1) or failing to conduct such inspection or examination in good faith, thus causing serious damage to an establishment;
2. A person who endangers the public by failing to conduct an emergency safety inspection or to take necessary measures as ordered, in violation of Article 13 (2) or (6) without just cause, thus causing serious damage to an establishment;
3. A person who endangers the public by failing to conduct a safety inspection or examination in good faith, in violation of Article 20 (1), thus causing serious damage to an establishment;
4. A person who endangers the public by failing to take safety measures or to take safety measures as ordered, in violation of Article 23 (1) or (2), thus causing serious damage to an establishment;
5. A person who endangers the public by failing to take necessary measures, such as repair and reinforcement, or to take necessary measures or corrective measures as ordered, in violation of Article 24 (1) or (2), thus causing serious damage to an establishment;
6. A person who endangers to the public by failing to perform a maintenance work or performance assessment, in violation of Article 42 (1), thus causing serious damage to an establishment.
(2) Any person who causes another person to be killed or injured by committing a crime specified in any subparagraph of paragraph (1) shall be punished by imprisonment for life or imprisonment with labor for at least five years.
 Article 64 (Penalty Provisions)
(1) Any person who commits a crime specified in Article 63 (1) by negligence while performing his or her duties shall be punished by imprisonment, with or without labor, for not more than five years or by a fine not exceeding 50 million won.
(2) Any person who commits a crime under Article 63 (2) due to professional negligence shall be punished by imprisonment with or without labor for not more than 10 years, or by a fine not exceeding 100 million won.
 Article 65 (Penalty Provisions)
(1) 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 Aug. 14, 2018>
1. Deleted; <Aug. 20, 2019>
1-2. A person who fails to retain the documents prescribed in Article 9 (6);
2. A person who prepares a fact-finding report on a safety inspection or full safety examination by copying the fact-finding report on other safety inspection or full safety examination, in violation of Article 17 (2) 1 (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 40 (5) or 41 (2));
3. A person who prepares a false fact-finding report on a safety inspection or full safety examination or false data on which such report is based, in violation of Article 17 (2) 2 (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 40 (5) or 41 (2));
4. A person who fails to take safety measures or to comply with an order to take safety measures, in violation of Article 23 (1) or (2);
5. A person (excluding the management authority of any of the establishments referred to in the proviso to Article 6 (1)) who fails to take necessary measures, such as repair and reinforcement, or fails to take necessary measures and to comply with an order to take corrective measures, in violation of Article 24 (1) or (2);
6. A person who subcontracts any work, in violation of Article 27 (1);
7. A person who conducts a safety inspection or examination or a performance assessment without being registered as an institution specializing in safety examinations under Article 28 (1);
8. A person who is registered as an institution specializing in safety examinations under Article 28 (1) by fraud or other improper means;
9. A person who lends its name to a third person and a person who borrows a third person's name, in violation of Article 30;
10. A person who conducts a safety inspection or examination or a performance assessment during a period of suspension of business after the person is ordered to suspend business under Article 31;
11. A person who divulges or steals confidential information which becomes known to him or her in the course of his or her duties, in violation of Article 61.
(2) 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 Aug. 20, 2019>
1. A person who fails to comply with the order requiring submission of the documents referred to in Article 9 (5);
1-2. A person refuses, interferes with, or evades an emergency safety inspection conducted under Article 13 (2);
1-3. A person who allows a person to falsely diagnose the safety status or to make a false or poor report on the results thereof, in violation of Article 26 (3);
2. A person who fails to submit documents, submits false documents, or refuses, interferes with, or evades an investigation, in violation of Article 27 (6) without just cause;
3. A person who refuses to submit materials or a report or refuses, interferes with, or evades an investigation, in violation of Article 34 without just cause;
4. A person who fails to take corrective orders pursuant to Article 35;
5. A person who refuses, interferes with, or evades an investigation into an accident conducted under Article 58;
6. A person who refuses, interferes with, or evades an inspection of actual status conducted under Article 59 (1);
7. A person who fails to submit a document without just cause, or submits a false document, in violation of Article 59 (4).
 Article 66 (Joint Penalty Provisions)
(1) If the representative of a corporation or an agent, or employee of, or any other person employed by, the corporation or an individual commits an offence described in Article 63 in connection with the business affairs of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual also shall be punished by a fine not exceeding one billion won: Provided, That the foregoing shall not apply where the corporation or individual has not neglected to give due care and to supervise the relevant business affairs to prevent such offence.
(2) If the representative of a corporation or an agent, employee of, or any other person employed by, the corporation or an individual commits an offense described in Article 64 or 65 in connection with the business affairs of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual also shall be punished by a fine specified in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not neglected to give due care and to supervise the relevant business to prevent such offence.
 Article 67 (Administrative Fine)
(1) Any person who falls under any of the following shall be punished by an administrative fine not exceeding 20 million won:
1. A person who fails to conduct a full safety examination, in accordance with Article 12 (1) or (2);
2. A person who fails to conduct an emergency safety inspection in accordance with Article 13 (1).
(2) Any of the following persons shall be subject to an administrative fine not exceeding ten million won: <Amended on Aug. 20, 2019>
1. A person who fails to conduct a safety inspection in accordance with Article 11 (1) (excluding where the head of a Si/Gun/Gu shall conduct an inspection in accordance with the proviso to Article 6 (1);
2. A person who fails to conduct a seismic performance assessment in accordance with Article 12 (3);
2-2. A person who fails to notify or submit a fact-finding report on a safety inspection or full safety examination in accordance with Article 17 (1) or (4);
3. A person who prepares a poor fact-finding report on a safety inspection or full safety examination or poor data on which such report is based, in violation of Article 17 (2) 2 (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 40 (5) or 41 (2));
3-2. A person who fails to revise or supplement and submit the result report, in violation of Article 18 (3);
4. A person who fails to report under Article 22 (1) through (3);
5. A person who fails to install a danger sign or fails to inform residents that urgent repair and reinforcement works, etc. are required in accordance with Article 25 (1);
6. A person who removes or destroys a warning sign, in violation of Article 25 (3);
7. A person who fails to conduct a performance assessment in accordance with Article 40 (1).
(3) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jun, 9, 2020; Oct. 20, 2020>
1. A person who fails to formulate an establishment management plan or fails to report or submit an establishment management plan in accordance with Article 6 (1), (4), or (5);
2. A person who fails to submit a document in accordance with Article 9 (1), (2), or (4);
3. A person who fails to comply with a request to inspect documents or to issue copies thereof, in violation of Article 10 (3) without just cause;
4. A person who fails to submit a fact-finding report on an emergency safety inspection in accordance with Article 13 (7);
5. Deleted; <Aug. 20, 2019>
6. A person who fails to retain a fact-finding report on a safety inspection or full safety examination and the data on which such report is based, in violation of Article 17 (2) 3 (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 40 (5) or 41 (2));
7. A person who fails to submit relevant materials necessary for evaluating findings of a full safety inspection or full safety examination in accordance with Article 18 (2) without just cause;
8. A person who fails to give notice of restriction on use, etc., in violation of Article 23 (3);
9. A person who fails to give notice of the results of measures taken, such as repair and reinforcement, in violation of Article 24 (3);
10. A person who fails to give notice of subcontracting, in violation of Article 27 (2);
11. A person who fails to file a report on modification under Article 28 (3);
12. A person who fails to report temporary closure, resumption, or permanent closure of business in accordance with Article 28 (6);
13. A person who fails to notify the management authority with whom an agency contract for conducting a safety inspection or examination or a performance assessment was entered into of the fact that his or her registration was revoked or that the person was ordered to suspend business, in violation of the latter part of Article 33 (1);
14. A person who fails to submit records of findings of a safety inspection or examination or a performance assessment or submits false records of such findings, in violation of Article 36 (1);
15. A person who fails to report a transfer, merger, or inheritance of a business in accordance with Article 38;
16. A person who fails to submit a fact-finding report on a performance assessment in accordance with Article 40 (4);
17. A person who fails to submit a fact-finding report on maintenance in accordance with Article 41 (1);
18. Deleted; <Jun. 9, 2020>
19. A person who fails to comply with a request for rectification without just cause, in violation of Article 59 (3).
(4) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu shall impose and collect administrative fines under paragraphs (1) through (3), as prescribed by Presidential Decree.
ADDENDA <Act No. 14545, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Master Plans for Safety and Maintenance of Establishments)
Master plans for the safety and maintenance of establishments formulated pursuant to the previous provisions as at the time this Act enters into force shall be deemed master plans formulated under the amended provisions of Article 5 (1).
Article 3 (Transitional Measures concerning Plans for Safety and Maintenance of Establishments)
Plans for the safety and maintenance of establishments formulated pursuant to the previous provisions as at the time this Act enters into force shall be deemed establishment management plans formulated under the amended provisions of Article 6 (1).
Article 4 (Transitional Measures concerning Safety Inspections or Examinations)
Periodic inspections and full inspections conducted pursuant to the previous provisions as at the time this Act enters into force shall be deemed periodic safety inspections and full safety inspections conducted under the amended provisions of Article 11; full safety examinations conducted as above shall be deemed full safety examinations conducted under the amended provisions of Article 12; and emergency inspections conducted as above shall be deemed emergency safety inspections conducted under the amended provisions of Article 13.
Article 5 (Transitional Measures concerning Seismic Performance Assessments)
Seismic performance assessments conducted pursuant to the previous provisions as at the time this Act enters into force shall be deemed seismic performance assessments conducted under the amended provisions of Article 12 (3).
Article 6 (Transitional Measures concerning Safety Ratings of Establishments)
Safety ratings of the establishments determined pursuant to the previous provisions as at the time this Act enters into force shall be deemed safety ratings determined under the amended provisions of Article 16 (1).
Article 7 (Transitional Measures concerning Registration of Institutions Specializing in Safety Examinations)
Institutions registered as specializing in safety examinations pursuant to the previous Article 9 (1) as at the time this Act enters into force shall be deemed institutions registered as specializing in safety examinations under the amended provisions of Article 28 (1).
Article 8 (Transitional Measures concerning Grounds for Disqualification of Incompetent Persons)
Notwithstanding the amended provisions of subparagraph 1 of Article 29, a person under adult guardianship or limited guardianship referred to in the aforesaid amended provisions shall be deemed to include a person for whom the declaration of incompetence or quasi-incompetence remains valid under Article 2 of the Addenda to the partial amendment (Act No. 10429) to the Civil Act.
Article 9 (Transitional Measures concerning Administration Actions)
Actions taken under the previous provisions or other acts done by or toward an administrative agency before this Act enters into force shall be deemed corresponding actions taken under this Act or acts done by or toward an administrative agency under this Act.
Article 10 (Transitional Measures concerning Revocation of Registration or Suspension of Business of Institutions Specializing in Safety Examinations)
The previous provisions shall apply to the revocation of registration of an institution specializing in safety examinations or the suspension of business of such institution for an act done before this Act enters into force.
Article 11 (Transitional Measures concerning Requests to Deregister or to Suspend Business of Maintenance Business Entities)
The previous provisions shall apply to requests to deregister a maintenance business entity or to suspend business of such business entity for an act done before this Act enters into force.
Article 12 (Transitional Measures concerning Korea Infrastructure Safety and Technology Corporation)
The Korea Infrastructure Safety and Technology Corporation incorporated pursuant to the previous provisions before this Act enters into force shall be deemed to have been incorporated pursuant to the amended provisions of Article 45.
Article 13 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to the imposition of penalty provisions and administrative fines for acts done before this Act enters into force.
Article 14 Omitted.
Article 15 (Relationship to Other Statutes or Regulations)
A citation of any previous provisions by other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation of the relevant provisions of this Act in lieu of such previous provisions, if corresponding provisions exist herein.
ADDENDUM <Act No. 15733, Aug. 14, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16497, Aug. 20, 2019>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (General Applicability)
This Act shall apply from the case where a safety inspection or detailed safety examination is conducted after this Act enters into force.
Article 3 (Applicability to Publication of Lists and Counting on Violation of Order)
The amended provisions of Articles 21-2 (1) shall begin to apply from a person who violates Article 17 (2) 1 or 2 after this Act enters into force. In such cases, when calculating the number of inconsistent violations, the number of violations after this Act enters into force is calculated.
Article 4 (Applicability to Post-Management of Structures of Coastal Maintenance Projects)
The amended provisions of Articles 22 through 25 shall apply from the case where a significant defect, etc. is found in the relevant facility after this Act enters into force.
ADDENDA <Act No. 17447, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17551, Oct. 20, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of Article 55-2 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reports on Modifications in Matters to Be Registered for Institutions Specializing in Safety Examinations)
The amended provisions of Article 28 shall begin to apply to a report on modification of registered matters of an institution specializing in safety examinations made after this Act enters into force.
Article 3 (Applicability to Business Transfer, Merger and Inheritance Report of Institutions Specializing in Safety Examinations)
The amended provisions of Article 38 shall begin to apply from reports on business transfer, merger, and inheritance report by an institution specializing in safety examinations filed after this Act enters into force.