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MECHANICAL EQUIPMENT ACT

Act No. 15599, Apr. 17, 2018

Amended by Act No. 17287, May 19, 2020

Act No. 17453, jun. 9, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to developing the national economy and enhancing the safety of the people and the public welfare by prescribing matters necessary for laying the foundations for developing the mechanical equipment industry and for promoting the safe and efficient maintenance of mechanical equipment.
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on May 19, 2020; Jun. 9, 2020>
1. The term “mechanical equipment” means equipment prescribed by Presidential Decree, which includes machines, apparatuses, and piping installed in buildings, facilities, etc. (hereinafter referred to as “buildings, etc.”) as well as other equipment to maintain performance of buildings, etc.;
2. The term “mechanical equipment industry” means an industry involving such economic activities as research and development, planning, design, construction, supervision, maintenance, technical diagnosis, safety management, etc. related to mechanical equipment;
3. The term “mechanical equipment business” means business involving activities related to mechanical equipment;
4. The term “mechanical equipment business entity” means a person who engages in mechanical equipment business;
5. The term “mechanical equipment engineer” means a person who has acquired technical qualifications in any field related to mechanical equipment, or has been recognized for techniques or skills related to mechanical equipment, pursuant to the National Technical Qualifications Act, the Construction Technology Promotion Act, or any statutes or regulations prescribed by Presidential Decree;
6. The term “mechanical equipment maintenance manager” means a person who performs maintenance on mechanical equipment (referring to all activities encompassing inspecting, managing, driving, and operating mechanical equipment).
 Article 3 (Responsibilities of the State and Local Governments)
The State and local governments are obligated to formulate and implement policies necessary for developing the mechanical equipment industry as well as for ensuring the safety and maintenance of mechanical equipment; and may establish measures, etc. for administrative and financial assistance necessary for promoting such policies.
 Article 4 (Relationship to Other Statutes)
(1) Except as otherwise provided in other statutes, this Act shall apply to the development of the mechanical equipment industry as well as to the technical standards for, and maintenance of, mechanical equipment.
(2) Except as provided in this Act, Articles 28, 30, 32 through 34, 37, and 38 of the Construction Technology Promotion Act shall apply mutatis mutandis to mechanical equipment performance inspection business under Article 21. <Amended on May 19, 2020>
CHAPTER II FORMULATING AND IMPLEMENTING PLANS TO DEVELOP MECHANICAL EQUIPMENT INDUSTRY
 Article 5 (Formulating Master Plans to Develop Mechanical Equipment)
(1) To develop the mechanical equipment industry and to ensure the efficient maintenance and performance of mechanical equipment, the Minister of Land, Infrastructure and Transport shall formulate and implement a master plan to develop mechanical equipment (hereinafter referred to as “master plan”), containing the following, every five years:
1. Basic direction-setting for policies to develop the mechanical equipment industry;
2. Policies to develop the mechanical equipment industry by sector;
3. Establishing the foundations for the mechanical equipment industry and supporting business startups;
4. Basic objectives and direction-setting for policies related to the safety and maintenance of mechanical equipment;
5. Establishing the foundations for the safety and maintenance of mechanical equipment, such as formulating statutes, regulations, and systems therefor;
6. Training of mechanical equipment specialists (hereinafter referred to as “specialists”), such as mechanical equipment engineers;
7. Improving the performance and functions of mechanical equipment;
8. Supporting the mechanical equipment industry regarding international cooperation and expansion into overseas markets;
9. Researching, developing, and disseminating mechanical equipment technology;
10. Other matters prescribed by Presidential Decree to develop the mechanical equipment industry and to promote the safety and maintenance of mechanical equipment.
(2) In formulating a master plan, the Minister of Land, Infrastructure and Transport shall consult with the heads of related central administrative agencies.
 Article 6 (Fact-Finding Surveys)
(1) The Minister of Land, Infrastructure and Transport may conduct a fact-finding survey on the mechanical equipment industry to secure basic data necessary for developing the industry: Provided, That the Minister shall jointly conduct such fact-finding survey if requested by the head of other central administrative agency.
(2) The Minister of Land, Infrastructure and Transport may request a mechanical equipment business entity or the head of an organization or institution related to the mechanical equipment industry to submit data, etc. necessary for conducting a fact-finding survey under paragraph (1). In such cases, a person shall submit data, etc. if so requested in the absence of special circumstances.
(3) Details of fact-finding surveys referred to in paragraph (1), the methods and procedures for conducting such surveys, and other necessary matters shall be prescribed by Presidential Decree.
 Article 7 (Establishing Information System on Mechanical Equipment Industry)
(1) The Minister of Land, Infrastructure and Transport may establish and operate an information system on the mechanical equipment industry (hereinafter referred to as “information system”) to systematically collect, manage, and utilize information, data, etc. related to the mechanical equipment industry.
(2) The information system may contain the following matters:
1. The current state of the mechanical equipment industry in Korea and abroad;
2. Orders received by mechanical equipment business entities;
3. Research and development of the mechanical equipment industry;
4. Registration of mechanical equipment performance inspection business;
5. Training of mechanical equipment maintenance managers;
6. Other information on the mechanical equipment industry prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) In establishing the information system, the Minister of Land, Infrastructure and Transport shall ensure that the system reflects the basic plan for national informatization formulated pursuant to Article 6 of the Framework Act on National Informatization and the implementation plan for national informatization formulated pursuant to Article 7 of said Act.
(4) Matters necessary for establishing, operating, and utilizing the information system and others shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
CHAPTER III SUPPORTING MECHANICAL EQUIPMENT INDUSTRY AND ESTABLISHING FOUNDATIONS THEREFOR
 Article 8 (Researching and Developing Mechanical Equipment Industry)
(1) To promote policies to develop the mechanical equipment industry, the Minister of Land, Infrastructure and Transport may conduct research and development projects necessary for developing the mechanical equipment industry through agreements with public institutions, universities, private organizations, and enterprises.
(2) The methods of agreements under paragraph (1) and other matters necessary for promoting joint research, supporting the conduction of research, and the like shall be prescribed by Presidential Decree.
 Article 9 (Nurturing Specialists)
(1) The Minister of Land, Infrastructure and Transport may provide education and training to nurture specialists and improve their skills.
(2) The Minister of Land, Infrastructure and Transport may designate any institution referred to in Article 8 (1) as a training institution for specialists in accordance with the requirements and procedures prescribed by Presidential Decree; and may fully or partially subsidize expenses incurred in conducting education and training.
(3) The Minister of Land, Infrastructure and Transport may entrust education and training referred to in paragraph (1) to a training institution for specialists, as prescribed by Presidential Decree.
(4) A training institution for specialists designated pursuant to paragraph (2) shall formulate a plan to nurture, educate, and train specialists; and shall submit it to the Minister of Land, Infrastructure and Transport. In such cases, the procedures for formulating the plan and details thereof shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(5) Where a training institution for specialists designated pursuant to paragraph (2) ceases to meet the requirements for designation, the Minister of Land, Infrastructure and Transport may revoke its designation: Provided, That where a training institution for specialists has been designated by fraud or other improper means, the Minister shall revoke its designation.
 Article 10 (Promoting Employment of Mechanical Equipment Specialists)
The Minister of Land, Infrastructure and Transport shall formulate and implement policies necessary to promote the employment of specialists.
 Article 11 (Support for International Cooperation and Overseas Expansion)
(1) To facilitate international cooperation and overseas expansion in the mechanical equipment industry, the Minister of Land, Infrastructure and Transport may support the following activities, programs, etc.:
1. Providing information, consultation, guidance, and cooperation related to international cooperation and overseas expansion;
2. International exchange of technology and personnel related to international cooperation and overseas expansion;
3. Attracting and participating in international events;
4. International joint research and development programs;
5. Other programs for promoting international cooperation and overseas expansion.
(2) The Minister of Land, Infrastructure and Transport may have an institution or organization prescribed by Presidential Decree conduct any project specified in paragraph (1) and may provide necessary funds. <Amended on Jun. 9, 2020>
 Article 12 (Tax and Financial Assistance)
To develop the mechanical equipment industry, the Minister of Land, Infrastructure and Transport may provide tax and financial assistance; and may formulate other necessary administrative measures.
 Article 13 (Improving Quality of Mechanical Equipment)
To ensure performance of mechanical equipment and to efficiently manage such equipment, a person who has ordered a mechanical equipment construction work and a mechanical equipment business entity shall endeavor to improve the quality of design, construction, and maintenance of mechanical equipment.
CHAPTER IV MEASURES FOR SAFETY MANAGEMENT OF MECHANICAL EQUIPMENT
 Article 14 (Technical Standards for Mechanical Equipment)
(1) The Minister of Land, Infrastructure and Transport shall determine and publicly notify technical standards on the safety and performance of mechanical equipment (hereinafter referred to as “technical standards”). The same shall also apply to any amendment of such standards.
(2) Mechanical equipment business entities shall comply with the technical standards.
 Article 15 (Preconstruction Verification and Pre-Use Inspection on Mechanical Equipment)
(1) A person who orders mechanical equipment construction work prescribed by Presidential Decree shall submit the drawings and specifications of the mechanical equipment among the entire drawings and specifications to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) before commencing the construction work, to obtain verification as to whether the mechanical equipment complies with relevant technical standards; and upon completing the construction work, the person shall seek a pre-use inspection by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu to introduce the mechanical equipment into service: Provided, That the compliance with relevant technical standards was verified in the course of reporting on the commencement of the construction work and obtaining approval for use under Articles 21 and 22 of the Building Act, the mechanical equipment shall be deemed to have undergone a preconstruction verification and pre-use inspection under this Act.
(2) Where necessary, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request a person who has ordered a mechanical equipment construction work to submit data related to the preconstruction verification and the pre-use inspection under paragraph (1). In such cases, the person who has ordered the mechanical equipment construction work shall submit the data in the absence of special circumstances.
(3) Procedures, methods, and the like for preconstruction verifications and pre-use inspections under paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER V MAINTAINING MECHANICAL EQUIPMENT
 Article 16 (Public Notice on Maintenance Standards for Mechanical Equipment)
(1) The Minister of Land, Infrastructure and Transport shall determine and publicly notify maintenance standards necessary for maintaining and inspecting mechanical equipment installed in buildings, etc. (hereinafter referred to as “maintenance standards”).
(2) Details of the maintenance standards referred to in paragraph (1) as well as the methods, procedures, etc. for such standards shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 17 (Inspecting and Verifying Maintenance of Mechanical Equipment)
(1) An owner or manager (hereinafter referred to as “management entity”) of mechanical equipment installed in any building, etc., of at least the size prescribed by Presidential Decree shall comply with the maintenance standards.
(2) A management entity shall conduct a performance inspection necessary for maintaining mechanical equipment (hereinafter referred to as “performance inspection”) in compliance with the maintenance standards and shall record an inspection log. In such cases, the management entity may have a mechanical equipment performance inspection business entity referred to in Article 21 (2) conduct a performance inspection or record an inspection log on his or her behalf.
(3) A management entity shall retain the inspection log recorded pursuant to paragraph (2) for the period prescribed by Presidential Decree; and shall submit the inspection log, if so requested by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
 Article 18 (Entrusting Maintenance)
A management entity may entrust the maintenance of mechanical equipment to a person specializing in facility management, who has a mechanical equipment maintenance manager.
 Article 19 (Appointing Mechanical Equipment Maintenance Managers)
(1) A management entity shall appoint a mechanical equipment maintenance manager, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where a management entity has entrusted the maintenance of mechanical equipment pursuant to Article 18, the entity shall be deemed to have appointed a mechanical equipment maintenance manager.
(2) A management entity that has appointed a mechanical equipment maintenance manager pursuant to paragraph (1) shall dismiss said manager if he or she has failed to receive maintenance training referred to in Article 20 (1) at least the number of times stipulated by Presidential Decree without just cause.
(3) Where a management entity appoints or dismisses a mechanical equipment maintenance manager, the entity shall file a report on such fact without delay with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply to any change in the reported matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on May 19, 2020>
(4) Where a person who has filed a report on the appointment of a mechanical equipment maintenance manager pursuant to paragraph (3) requests the issuance of a certificate of reporting on appointment, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a certificate of reporting on appointment, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on May 19, 2020>
(5) A person who has filed a report on the dismissal of a mechanical equipment maintenance manager pursuant to paragraph (3) shall appoint a new mechanical equipment maintenance manager within 30 days from the date of dismissal. <Newly Inserted on May 19, 2020>
(6) Upon receipt of a report under paragraph (3), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the Minister of Land, Infrastructure and Transport thereof. <Newly Inserted on May 19, 2020>
(7) The qualifications and levels of mechanical equipment maintenance managers shall be prescribed by Presidential Decree. <Newly Inserted on May 19, 2020>
(8) A mechanical equipment maintenance manager shall file a report on matters necessary for managing his or her workplace, work experience, academic background, qualifications, and other information (hereinafter referred to as “workplace, work experience, etc.”) with the Minister of Land, Infrastructure and Transport. The same shall also apply to any change in the reported matters. <Newly Inserted on May 19, 2020>
(9) Upon receipt of a report under paragraph (8), the Minister of Land, Infrastructure and Transport shall maintain and manage the records of the workplace, work experience, etc.; shall verify the level of a mechanical equipment maintenance manager based on the details of the report; and may issue a certificate of the workplace, work experience, etc. of a mechanical equipment maintenance manager upon application by the manager. <Newly Inserted on May 19, 2020>
(10) Where necessary for verifying the details of the report under paragraph (8), the Minister of Land, Infrastructure and Transport may request the submission of related materials from the head of any related institution or organization, such as a central administrative agency, a local government, and a school under Article 2 of the Elementary and Secondary Education Act or under Article 2 of the Higher Education Act; a management entity; the company related to mechanical equipment to which a mechanical equipment maintenance manager filing a report belongs; or other relevant entities. In such cases, the head of an institution or organization, etc. so requested shall comply with such request in the absence of special circumstances. <Newly Inserted on May 19, 2020>
(11) The Minister of Land, Infrastructure and Transport may adjust the level referred to in paragraph (7), by evaluating the workplace, work experience, etc. of a mechanical equipment maintenance manager and the result of maintenance training under Article 20, as prescribed by Presidential Decree. <Newly Inserted on May 19, 2020>
(12) The Minister of Land, Infrastructure and Transport may entrust the business affairs referred to in paragraphs (8) through (11) to related institutions or organizations, as prescribed by Presidential Decree. <Newly Inserted on May 19, 2020>
(13) Matters necessary for reporting by a mechanical equipment maintenance manager, the verification of a level, the issuance and management of a certificate, etc. prescribed in paragraphs (8) through (10) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on May 19, 2020>
 Article 20 (Maintenance Training)
(1) A mechanical equipment maintenance manager appointed pursuant to Article 19 (1) shall receive training on maintaining mechanical equipment provided by the Minister of Land, Infrastructure and Transport (hereinafter referred to as “maintenance training”), as prescribed by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport may entrust maintenance training referred to in paragraph (1) to any relevant institution or organization, as prescribed by Presidential Decree.
CHAPTER VI MECHANICAL EQUIPMENT PERFORMANCE INSPECTION BUSINESS
 Article 21 (Registration of Mechanical Equipment Performance Inspection Business)
(1) A person who intends to engage in business related to performance inspection referred to in Article 17 (2) shall file for registration of such business with the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") after meeting the requirements prescribed by Presidential Decree, such as securing capital and technical personnel.
(2) Where any matters prescribed by Presidential Decree are changed among matters registered under paragraph (1), a person who has filed for registration of mechanical equipment performance inspection business (hereinafter referred to as “mechanical equipment performance inspection business entity”) shall file for registration of change within 30 days from the date a cause for change arises.
(3) In receipt of an application for registration of mechanical equipment performance inspection business under paragraph (1) or registration of change thereof under paragraph (2), the Mayor/Do Governor shall issue a registration certificate to the relevant applicant for registration.
(4) No person shall engage in any of the following activities or have a third party engage therein, in relation to filing for registration of mechanical equipment performance inspection business:
1. Allowing a third person to conduct mechanical equipment performance business in his or her name, or lending his or her registration certificate to a third person;
2. Conducting mechanical equipment performance inspection business in a third person’s name, or borrowing a third person’s registration certificate;
3. Brokering any activity specified in subparagraph 1 or 2.
(5) Upon suspending or discontinuing business, a mechanical equipment performance inspection business entity shall file a report with the Mayor/Do Governor on such fact, as prescribed by Presidential Decree. In such cases, the Mayor/Do Governor in receipt of a report on discontinuance of business shall cancel the relevant registration.
(6) Where a mechanical equipment performance inspection business entity files for registration or registration of change, or where the Mayor/Do Governor receives a report on suspension or discontinuance of business from a mechanical equipment performance inspection business entity under paragraphs (1) through (5), the Mayor/Do Governor shall notify the Minster of Land, Infrastructure and Transport of such fact.
(7) Procedures for filing for registration of mechanical equipment performance inspection business and filing for registration of change thereof, procedures for discontinuing or suspending business, and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 21-2 (Succession to Status of Mechanical Equipment Performance Inspection Business Entities)
(1) Any of the following persons shall succeed to the status of a mechanical equipment performance inspection business entity: Provided, That this shall not apply where a person referred to in subparagraph 2 or 3 falls under any subparagraph of Article 22 (1):
1. Where a mechanical equipment performance inspection business entity dies: His or her heir;
2. Where a mechanical equipment performance inspection business entity transfers his or her business: His or her transferee;
3. Where a mechanical equipment performance inspection business entity that is a corporation merges with another corporation: A corporation that survives the merger or is incorporated by the merger.
(2) A person who has succeeded to the status of a mechanical equipment performance inspection business entity under paragraph (1) shall file a report thereon to the Mayor/Do Governor within 30 days, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) The Mayor/Do Mayor shall give notice within 10 days from the date of receiving a report under paragraph (2) as to whether he or she accepts the report or as to the extension of the processing period in accordance with statutes or regulations relating to processing civil petitions.
(4) Where the Mayor/Do Governor fails to notify a person filing a report of whether to accept the report or of the extension of the processing period in accordance with statutes or regulations relating to processing civil petitions within the period prescribed in paragraph (3), the report shall be deemed to be accepted on the day following the date when the period (referring to the relevant processing period, where the processing period is extended or re-extended in accordance with statutes or regulations relating to processing civil petitions) ends.
(5) Where an heir who succeeds to the status of a mechanical equipment performance inspection business entity pursuant to paragraph (1) falls under any subparagraph of Article 22 (1), he or she shall transfer the status of the mechanical equipment performance inspection business entity to another person within six months from the date of inheritance.
[This Article Newly Inserted on May 19, 2020]
 Article 22 (Grounds for Disqualification from Registration and Revocation Thereof)
(1) None of the following persons shall be qualified for filing for registration under Article 21 (1):
1. An incompetent under adult guardianship;
2. A person declared bankrupt and not yet reinstated;
3. A person for whom two years have not passed since the execution of a sentence of imprisonment with labor or a heavier punishment for violating this Act was terminated (including where such execution is deemed terminated) or exempted;
4. A person who is in the period of a stay of execution after he or she has received a stay of execution of a sentence of imprisonment with labor or a heavier punishment for violating this Act;
5. A person for whom two years have not passed since his or her registration was revoked (excluding where his or her registration has been revoked because he or she satisfies the grounds for disqualification specified in subparagraph 1 or 2) pursuant to paragraph (2) (including a person engaging in any activity that led to the revocation of registration and the representative of the relevant corporation if the person is a corporation);
6. A corporation, the representative of which falls under any of subparagraphs 1 through 5.
(2) Where a mechanical equipment performance inspection business entity falls under any of the following, the Mayor/Do Governor may revoke the relevant registration or issue an order to fully or partially suspend the business for a specified period not exceeding one year, as prescribed by Presidential Decree: Provided, That the Mayor/Do Governor shall revoke the relevant registration if a mechanical equipment performance inspection business entity falls under any of subparagraphs 1 through 5:
1. Where he or she files for registration by fraud or other improper means;
2. Where he or she was subject to suspension of business on at least three occasions over the preceding five years;
3. Where he or she engages in mechanical equipment performance inspection business during the period of suspension of business: Provided, That this shall not apply where he or she continues performing the duties under a service contract concluded before he or she is subject to revocation of registration or suspension of business;
4. Where he or she becomes disqualified on the grounds specified in paragraph (1) after having filed for registration as a mechanical equipment performance inspection business entity (excluding where a corporation falling under paragraph (1) 6 replaces, within six months, its disqualified representative with any other person who is not disqualified);
5. Where one month has passed since he or she failed to meet the requirements prescribed by Presidential Decree referred to in Article 21 (1);
6. Where he or she fails to file for registration of change under Article 21 (2);
7. Where he or she lends his or her registration certificate issued under Article 21 (3) to a third person.
 Article 22-2 (Evaluation of Capability to Conduct Performance Inspections of Mechanical Equipment and Public Notice Thereof)
(1) Upon receipt of an application from a mechanical equipment performance inspection business entity, the Minister of Land, Infrastructure and Transport may comprehensively evaluate and publicly notify the capability of the relevant mechanical equipment performance inspection business entity to conduct performance inspections, so that a management entity may select an appropriate mechanical equipment performance inspection business entity.
(2) A mechanical equipment performance inspection business entity that intends to apply for the evaluation of capability to conduct performance inspections pursuant to paragraph (1) shall submit documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including documents evidencing the record of the performance inspections of mechanical equipment, to the Minister of Land, Infrastructure and Transport.
(3) The methods of evaluating and publicly notifying the capability to conduct performance inspections under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) The Minister of Land, Infrastructure and Transport may entrust the affairs regarding the evaluation and public notice of capability to conduct performance inspections under paragraph (1) to a related institution or organization, as prescribed by Presidential Decree.
[This Article Newly Inserted on May 19, 2020]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 23 (Hearings)
(1) To make a disposition constituting a revocation of the designation of a training institution for specialists pursuant to Article 9 (5), the Minister of Land, Infrastructure and Transport shall hold a hearing thereon.
(2) To revoke registration pursuant to Article 22 (2), the Mayor/Do Governor shall hold a hearing thereon.
 Article 24 (Reporting and Inspection)
(1) The Minister of Land, Infrastructure and Transport may require a training institution for specialists designated under Article 9 (2) to report on its duties; or may have public officials under his or her jurisdiction enter a training institution for specialists to inspect books, documents, or other articles.
(2) The Framework Act on Administrative Investigations shall apply to the methods and procedures for requesting reports or conducting field investigations under paragraph (1).
 Article 25 (Fees)
(1) Any of the following persons shall pay fees or training expenses prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on May 19, 2020>
1. A person who applies for a pre-use inspection of mechanical equipment under Article 15 (1);
2. A person who intends to be issued with a certificate of reporting on appointment of a mechanical equipment maintenance manager under Article 19 (4);
3. A person who receives maintenance training under Article 20 (1);
4. A person who files for registration of mechanical equipment performance inspection business under Article 21 (1);
5. A person who files for registration of change of mechanical equipment performance inspection business under Article 21 (2);
6. A person who files a report on inheritance, acquisition by transfer, or merger of mechanical equipment performance inspection business under Article 21-2 (2);
7. A person who applies for evaluation and public notice of capability to conduct performance inspections of mechanical equipment under Article 22-2.
(2) An employer who hires a person required to receive maintenance training pursuant to Article 20 (1) shall bear the training expense to be paid by a person who receives maintenance training pursuant to paragraph (1) 3 and shall not disadvantage the person due to bearing such expense. <Amended on May 19, 2020>
[Title Amended on May 19, 2020]
 Article 26 (Delegation of Authority)
Part of the authority of the Minister of Land, Infrastructure and Transport bestowed by this Act, may be delegated to the Mayor/Do Governor or the head of an institution under his or her jurisdiction.
 Article 27 (Legal Fiction as Public Officials for Purposes of Penalty Provisions)
Persons who perform business affairs entrusted pursuant to Article 9 (3) or 20 (2) shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act.
CHAPTER VIII PENALTY PROVISIONS
 Article 28 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
1. A person who orders a mechanical equipment construction work without undergoing a preconstruction verification, or uses mechanical equipment without undergoing a pre-use inspection, in violation of Article 15 (1);
2. A person who engages in mechanical equipment performance inspection business without filing for registration under Article 21 (1) or without filing for registration of change under Article 21 (2);
3. A person who files for registration under Article 21 (1) or files for registration of change under Article 21 (2) by fraud or other improper means;
4. A person who lends his or her registration certificate of mechanical equipment performance inspection business to a third person; borrows a third person’s registration certificate; or engages in brokering such activity, in violation of Article 21 (4).
 Article 29 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits any offense specified in Article 28 in connection with the affairs of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such offense.
 Article 30 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won:
1. A person who fails to comply with the maintenance standards referred to in Article 17 (1);
2. A person who fails to record an inspection log referred to in Article 17 (2), or falsifies an inspection log;
3. A person who fails to retain an inspection log referred to in Article 17 (3);
4. A person who fails to appoint a mechanical equipment maintenance manager, in violation of Article 19 (1).
(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on May 19, 2020>
1. A person who fails to submit to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu data related to the preconstruction verification and the pre-use inspection, in violation of Article 15 (2);
2. A person who fails to submit an inspection log to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, in violation of Article 17 (3);
3. A person who fails to dismiss a person who has failed to receive maintenance training, in violation of Article 19 (2);
4. A person who fails to file a report under Article 19 (3) or files a false report;
5. A person who fails to receive maintenance training, in violation of Article 20 (1);
6. A person who fails to file a report under Article 21-2 (2) or files a false report;
7. A person who falsely submits a document under Article 22-2 (2).
(3) Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport or the head of the competent local government, as prescribed by Presidential Decree.
ADDENDUM <Act No. 15599, Apr. 17, 2018>
This Act shall enter into force two years after the date of its promulgation.
ADDENDUM <Act No. 17287, May 19, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)