ENFORCEMENT DECREE OF THE INFORMATION AND COMMUNICATIONS CONSTRUCTION BUSINESS ACT
Wholly Amended by Presidential Decree No. 20667, Feb. 29, 2008
Amended by Presidential Decree No. 20896, Jul. 3, 2008
Presidential Decree No. 21098, Oct. 29, 2008
Presidential Decree No. 21235, Dec. 31, 2008
Presidential Decree No. 21419, Apr. 6, 2009
Presidential Decree No. 21626, Jul. 7, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22297, Jul. 21, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 22772, Mar. 29, 2011
Presidential Decree No. 23959, Jul. 17, 2012
Presidential Decree No. 24155, Oct. 29, 2012
Presidential Decree No. 24445, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25560, Aug. 27, 2014
Presidential Decree No. 25652, Oct. 14, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26167, Mar. 30, 2015
Presidential Decree No. 26834, Dec. 31, 2015
Presidential Decree No. 27115, Apr. 29, 2016
Presidential Decree No. 27229, jun. 21, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28801, Apr. 17, 2018
Presidential Decree No. 29057, Jul. 24, 2018
Presidential Decree No. 29269, Oct. 30, 2018
Presidential Decree No. 30034, Aug. 6, 2019
Presidential Decree No. 30256, Dec. 24, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 31221, Dec. 8, 2020
Presidential Decree No. 31379, Jan. 5, 2021
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31445, Feb. 17, 2021
Presidential Decree No. 31768, jun. 15, 2021
Presidential Decree No. 32447, Feb. 17, 2022
Presidential Decree No. 32785, Jul. 11, 2022
CHAPTER I GENERAL PROVISIONS
| Article 2 (Scope of Construction Projects) |
| 1. | Projects for communications facilities under the statutes or regulations related to telecommunications and radio waves; |
| 2. | Projects for broadcasting facilities under the statutes or regulations related to broadcasting, including the Broadcasting Act; |
| 3. | Projects for information facilities for the control, storage, and processing of information by using information and communications facilities in accordance with the statutes or regulations related to information and communications; |
| 4. | Projects for electric facilities exclusively for information and communications, except for electric power facilities; |
| 5. | Projects appurtenant to the projects prescribed in subparagraphs 1 through 4; |
| 6. | Projects for the maintenance and repair of facilities prescribed in subparagraphs 1 through 5. |
| (2) | The types of projects under paragraph (1) shall be as prescribed in attached Table 1. |
| Article 3 (Scope of Service Providers) |
"Information and communications-related areas determined by Presidential Decree" in subparagraph 7 of Article 2 of the Act means information and communications, information management, industrial measurement and control, computer, computer system application, electronic application, and railway signaling. <Amended on Mar. 29, 2011>
| Article 4 (Exceptions to Restrictions on Construction Projects) |
| (1) | The scope of a minor construction project that a person other than an information and communications construction business operator (hereinafter referred to as "construction business operator") can be awarded a contract for or can perform under subparagraph 2 of Article 3 of the Act shall be as follows: <Amended on Jul. 17, 2012; Mar. 23, 2013; Jul. 26, 2017; Apr. 17, 2018; Dec. 8, 2020; Jan. 5, 2021> |
| 1. | A project for installing radio facilities of a radio station, amateur radio station, and experimental station; |
| 2. | A project for private wire broadcasting facilities, private broadcasting facilities, and closed-circuit television facilities in a building with a total floor area of at least 1,000 square meters (referring to the aggregate of total floor area of respective buildings, where the facilities are to be installed spanning at least two buildings; hereinafter the same shall apply); |
| 3. | A project for private communications line facilities not exceeding five lines, which are to be installed in a building; |
| 4. | A project for expanding a local area network (LAN) not exceeding five lines without any expansion of a router (network connecting device) or hub; |
| 5. | Any of the following projects, in which only small and medium software business entities can participate pursuant to Article 48 (2) of the Software Promotion Act (excluding projects for installing a local area network (LAN) with at least six lines): |
| (a) | Installation and maintenance of a computer system, including a server, backup equipment, and peripherals (hereinafter referred to as "computer system"); |
| (b) | Replacement of a computer system; |
| (c) | Installation of peripherals to improve the performance of a main computer system; |
| (d) | Installation of information systems not connected to private telecommunications lines, broadcasting, and security facilities in a building with a total floor area of up to 1,000 square meters; |
| (e) | Installation of information systems in which the percentage of software-related cost (including costs for software development, maintenance, and database construction) is at least 80 percent of the total project cost, excluding the cost for the purchase of hardware; |
| 6. | A project for emergency operations of the military or police, determined by the Minister of Science and ICT following consultation with the heads of relevant central administrative agencies; |
| 7. | Any of the following projects determined and publicly notified by the Minister of Science and ICT: |
| (a) | Installation or expansion of the terminals of information and communications facilities, telephones for vehicles, etc.; |
| (b) | Relocation, modification, expansion, replacement, etc. of radio communications facilities; |
| (c) | Maintenance and repair of the internal information and communications facilities; |
| 8. | A project determined and publicly notified by the Minister of Science and ICT, the technology levels of which are similar to those prescribed in subparagraphs 1 through 4, and 7 (a) and (b). |
| (2) | "Where the installation of cable tunnels, or the installation of underground conduits for information and communications to be installed concurrently with road construction, is contracted out or performed as prescribed by Presidential Decree" in subparagraph 3 of Article 3 of the Act means that either of the following persons is awarded a contract or performs the project solely or jointly with another construction business operator: <Amended on Mar. 29, 2011> |
| 2. | For the installation of underground conduits for information and communications concurrently with road construction as an appurtenant thereto, a person who constructs the relevant road as a subcontractor. |
CHAPTER II DESIGN AND SUPERVISION OF PROJECTS
| Article 5 (Technical Standards for Design) |
"Technical standards determined by Presidential Decree" in Article 6 (1) of the Act means the following technical standards: <Amended on Dec. 31, 2008; Mar. 29, 2011; Apr. 17, 2018> | 5. | Technical standards relating to construction design, etc. to be determined by the Minister of Science and ICT under other statutes or regulations. |
| Article 6 (Scope of Projects Requiring Design) |
| (1) | A project for which an order for design shall be placed to a service provider under Article 7 of the Act shall be the one that does not fall under any of the following projects: <Amended on Jan. 5, 2021> |
| 2. | Emergency restoration and appurtenant projects thereto in the aftermath of a natural disaster or emergency disaster; |
| 3. | A project for cable tunnel facilities in attached Table 1; |
| 4. | A project for replacing existing facilities that do not require new design drawings. |
| (2) | Notwithstanding paragraph (1), in cases of any of the following projects the design of which is prepared by an information and communications engineer in the technical field in attached Table 6 who is employed by the project owner, in accordance with related statutes or regulations, the project owner may choose not to place an order to a service provider: Provided, That the relevant employee shall be qualified as a technician appropriate for the scale of the project intended for design under Article 8-3 (1). In such cases, "special grade supervisor" in Article 8-3 (1) shall be construed as "special grade engineer," "senior supervisor or higher" as "senior engineer or higher," "intermediate supervisor or higher" as "intermediate engineer or higher," and "junior supervisor or higher" as "junior engineer or higher," respectively: <Amended on Mar. 23, 2013; Jul. 26, 2017; Aug. 6, 2019> |
| 1. | A project that requires confidentiality in connection with national defense, national security, etc.; |
| 2. | A project to be performed by any of the following agencies: |
| (a) | The State or a local government; |
| (c) | Other information and communications-related public agencies determined and publicly notified by the Minister of Science and ICT; |
| 3. | Any project, the total project cost (referring to the amount wherein the cost of material supplied by the project owner is included in the contract price; hereinafter the same shall apply) of which is less than 100 million won, other than those in subparagraphs 1 and 2. |
| Article 7 (Duty of Preserving Design Drawings) |
Pursuant to Article 7 (3) of the Act, the design documents of a project shall be preserved in accordance with the following standards: | 1. | The owner of an object of a project shall keep the execution and completion design documents of the project until the removal of the object: Provided, That where the owner has any ground for difficulty in keeping them, a management authority shall preserve them; and where such execution and completion design documents are amended due to the replacement of facilities, etc., such amended documents shall be kept; |
| 2. | A service provider who has designed a project shall keep the execution design documents he or she has produced or provided for five years after the completion of the project; |
| 3. | A service provider who has supervised a project shall keep the completion design documents of the project he or she has supervised until the expiry of the warranty period of project. |
| Article 8 (Scope of Projects Subject to Supervision) |
| (1) | A project for which an order of supervision shall be placed to a service provider under Article 8 (1) of the Act shall be the one not falling under Article 6 (1) or none of the following projects: <Amended on Mar. 23, 2013; Jul. 26, 2017; Aug. 6, 2019; Jan. 5, 2021> |
| 1. | A project to provide telecommunications services by a telecommunications business entity under the Telecommunications Business Act, the total project cost of which is less than 100 million won; |
| 2. | A project to prevent safety hazards and disasters and to operate and manage, such as information control, etc., of facilities for railway, urban railway, roads, broadcasting, harbor, aviation, oil pipelines, gas pipelines, and water supply and sewerage systems, the total project cost of which is less than 100 million won; |
| 3. | A project to install information and communications facilities in a building of less than six floors and with a total floor area of less than 5,000 square meters: Provided, That any project to provide telecommunications services by a telecommunications business entity under the Telecommunications Business Act or to prevent safety hazards and disasters and to operate and manage, such as information control, etc. of facilities for railway, urban railway, roads, broadcasting, harbor, aviation, oil pipelines, gas pipelines and water supply and sewerage, the total project cost of which is more than 100 million won, shall be excluded herefrom; |
| 4. | A minor construction project prescribed in Article 4 (1) to newly install facilities, other than those to be replaced; |
| 5. | Other projects to install information and communications facilities determined and publicly notified by the Minister of Science and ICT, as projects not affecting public communications. |
| (2) | Notwithstanding paragraph (1), in cases of a project under Article 6 (2) 1 or 2 that is supervised by a supervisor qualified under attached Table 2 employed by a project owner pursuant to the relevant statutes or regulations, the project owner may choose not to place an order to a service provider: Provided, That the relevant employee shall be qualified as a technician appropriate for the scale of the project intended for supervision under Article 8-3 (1). <Amended on Aug. 6, 2019> |
| (3) | The following facilities in which information and communications equipment are installed shall be included in calculating the number of floors and total floor area of a building under paragraph (1) 3: <Amended on Apr. 17, 2018> |
| 3. | Storehouse and garage; |
| 4. | Other works or structures similar thereto. |
| Article 8-2 (Scope of Duties of Supervisors) |
| 1. | Review of project plans and time schedule of work; |
| 2. | Review and confirmation of a detailed execution drawings produced by a construction business operator; |
| 3. | Prior review of whether the details of design documents and execution drawings are appropriate for the site conditions, feasibility, etc. of performance of a project; |
| 4. | Confirmation on whether a project is being executed appropriately in accordance with the design documents and the related regulations; |
| 5. | Examination and inspection of the part where the progress of the project has been made; |
| 6. | Review and confirmation of the specifications and suitability of material used; |
| 7. | Confirmation of disaster prevention measures and safety management; |
| 8. | Review and confirmation of the matters concerning the revision of design; |
| 9. | Review of the feasibility of subcontracting; |
| 10. | Review of completion design documents and confirmation of completion. |
[This Article Newly Inserted on Aug. 6, 2019]
| Article 8-3 (Standards for Placement of Supervisors) |
| (1) | A service provider shall place one supervisor in accordance with the following standards before the commencement of a project pursuant to the latter part of Article 8 (2) of the Act. In such cases, the service provider shall place the relevant supervisor at a work site during the period agreed upon with the project owner in the entire project period (excluding the period where the project is suspended): |
| 1. | A project, the total cost of which is at least 10 billion won: A special engineer (limited to those with professional engineer license); |
| 2. | A project, the total cost of which is at least seven billion won, but less than 10 billion won: A special supervisor; |
| 3. | A project, the total cost of which is at least three billion won, but less than seven billion won: A senior supervisor or higher; |
| 4. | A project, the total cost of which is at least 500 million won, but less than three billion won: An intermediate or higher; |
| 5. | A project, the total cost of which is less than 500 million won: A junior supervisor or higher. |
| (2) | Where a service provider places a supervisor at a project site under paragraph (1), he or she shall notify the relevant project owner of the details of such placement, and he or she shall obtain prior approval from the project owner in order to replace the placed supervisor. |
| (3) | No service provider shall place one supervisor to exercise supervision over at least two projects: Provided, That the same shall not apply to any of the following projects for which such placement is approved by the project owner: |
| 1. | A project falling under either of the following, the total cost of which is less than 200 million won: |
| (a) | A same-type project performed in the same Si (including the Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City) or Gun; |
| (b) | A same-type project performed in an area located less than 20 km away from the work site in a straight line; |
| 2. | A same-type project newly performed at the work site where a project is already being performed. |
| (4) | Where there is any change in the total project cost due to design changes, price fluctuations, or other factors after a supervisor is placed in accordance with the standards specified in the subparagraphs of paragraph (1) or subparagraph 1 of paragraph (3), the service provider shall place the supervisor in consideration of the changed project cost: Provided, That if such change is less than 10/100 of the initial total project cost, the supervisor already placed may continue to exercise supervision. |
| (5) | Where a supervisor leaves a work site during the period of supervision to receive education prescribed by any related statutes or regulations or due to a disease or a paid leave, the service provider shall take necessary measures to avoid any impediment to supervision affairs. |
| (6) | Where a service provider intends to place a supervisor under paragraph (1) and calculates the period where the supervisor works full-time at a work site and the number of supervisors to be additionally placed in agreement with the project owner, he or she may utilize the supervision standards under Article 6 (3) 2 of the Act or standards for calculating the price of an engineering project under Article 31 (2) (referring to standard estimates, etc.) pursuant to Article 31 (2) of the Engineering Industry Promotion Act. |
[This Article Newly Inserted on Aug. 6, 2019]
| Article 8-4 (Reporting on Status of Placement of Supervisors) |
| (1) | Where a service provider places supervisors (including the replacement of placed supervisors; hereafter in this Article, the same shall apply), he or she shall submit a report on the placement status of supervisors (including electronic documents) to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), along with the following documents (including electronic documents) within 30 days from the date the relevant project is commenced under Article 8 (3) of the Act (before the completion of the project, where the relevant project is completed within 30 days): |
| 1. | A plan for placing supervisors (referring to a plan confirmed by the project owner); |
| 2. | A copy of a contract for project supervision services; |
| 3. | Documents evidencing the grades of supervisors specified in attached Table 2; |
| 4. | Street map between work sites (limited where project supervision is exercised pursuant to Article 8-3 (3) 1 (b)). |
| (2) | Upon receipt of a report under paragraph (1), a Mayor/Do Governor shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the applicant does not consent to the verification referred to in any of the following subparagraphs, such applicant shall attach the relevant document: |
| 1. | A supervisor's subscription certificate of a National Pension subscriber or certificate of acquisition and loss of the entitlement to the Health Insurance (limited where project supervision is exercised under Article 8 (2)); |
| 2. | A registration (report) certificate evidencing that he or she is a service provider. |
| (3) | Where a person who has reported the status of placement of supervisors pursuant to paragraph (1) applies for the issuance of a written confirmation of placement of supervisors, the Mayor/Do Governor shall issue such confirmation. |
[This Article Newly Inserted on Aug. 6, 2019]
| Article 9 (Applications for Recognition as Supervisors) |
| (1) | A person who intends to be recognized as a supervisor under Article 8 (4) of the Act shall submit an application for recognition as a supervisor accompanied by his or her certificate of graduation (limited to where the entry of educational background is required) and his or her work experience certificate to the Minister of Science and ICT; in such cases, the Minister of Science and ICT shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act; and if the applicant does not consent to such verification, he or she shall be required to submit the relevant documents (including a copy of national technical qualification certificate provided in the National Technical Qualifications Act in the case of subparagraph 1, and including a copy of alien registration certificate issued under Article 33 of the Immigration Act in the case of subparagraph 2): <Amended on Nov. 2, 2010; Mar. 23, 2013; Jul. 26, 2017; Aug. 6, 2019; Jul. 11, 2022> |
| 1. | A confirmation of a national technical qualification holder (applicable only to holders of national technical qualification certificates); |
| (2) | A supervisor who intends to obtain the recognition of the change of his or her grade shall submit an application for change of supervisor grade accompanied by the following documents to the Minister of Science and ICT: <Amended on Mar. 23, 2013; Jul. 26, 2017; Apr. 17, 2018; Jul. 11, 2022> |
| 1. | A work experience certificate; |
| 2. | A certificate of graduation. |
| (3) | A person who intends to obtain the recognition of his or her work experience as a supervisor shall submit an application for recognition of work experience as a supervisor, along with his or her work experience certificate, to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jul. 11, 2022> |
| (4) | The Minister of Science and ICT shall issue a supervisor's license to an applicant for recognition as a supervisor under paragraph (1) or for change of his or her grade under paragraph (2). <Amended on Mar. 23, 2013; Jul. 26, 2017; Jul. 11, 2022> |
| (5) | Where a supervisor intends to modify any matter stated in a certificate of supervisor's license, he or she shall submit an application for modification of any matter stated in the certificate of supervisor's license to the Minister of Science and ICT, accompanied by documents evidencing such modification. In such cases, the Minister of Science and ICT shall verify an abstract of the relevant resident registration record card through administrative data matching under Article 36 (1) of the Electronic Government Act; and where an applicant does not consent to verification, the applicant shall be required to submit the relevant documents. <Amended on Jul. 11, 2022> |
| (6) | Upon issuing a supervisor's license under paragraph (4), the Minister of Science and ICT shall record such fact in a register of issuance of supervisors' licenses in order of serial numbers. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jul. 11, 2022> |
| (7) | If a supervisor requests confirmation of his or her work experience to present his or her supervision capability to a project owner, service provider, etc., the Minister of Science and ICT may issue the supervisor's work experience certificate. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 10 (Qualification Standards for Supervisors) |
| (1) | Standards for qualification as supervisors in Article 8 (5) of the Act shall be determined by grade, and the detailed standards by grade shall be as prescribed in attached Table 2. <Amended on Aug. 6, 2019> |
| (2) | The Minister of Science and ICT shall keep and maintain the records related to the grades, work experience, etc. of persons recognized as supervisors under Article 8 (5) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017; Aug. 6, 2019> |
| Article 11 Deleted. <Aug. 6, 2019> |
| Article 12 Deleted. <Aug. 6, 2019> |
| Article 13 (Corrective Measures against Supervisors) |
| 1. | An order for correction; |
| 2. | A request to replace a supervisor (applicable only if the supervisor fails to perform an order for correction referred to in subparagraph 1). |
| (2) | In cases of falling under paragraph (1) 2, a service provider shall comply with the request without good cause. |
| Article 14 (Notification of Results of Supervision) |
Upon completing supervision of a project under Article 11 of the Act, a service provider shall notify the project owner of the results of supervision including the following matters within seven days from the date the project is completed: | 1. | Dates of commencement and completion of the project; |
| 2. | Name of the construction business operator; |
| 3. | Evaluation results of the performance of the project; |
| 4. | Specifications of materials used and evaluation results of the suitability thereof; |
| 5. | Evaluation results of the adequacy of the placement of information and communications engineers. |
| Article 15 (Restrictions on Supervision by Construction Business Entities) |
CHAPTER III PERFORMANCE OF PROJECTS
SECTION 1 Registration of Construction Businesses
| Article 16 (Application for Registration of Construction Business) |
| (1) | A person who intends to apply for registration of construction business under Article 14 (1) of the Act shall submit an application (including an application in electronic form) for registration of information and communications construction business, along with the following documents (including electronic documents) to the Mayor/Do Governor having jurisdiction over the area in which his or her main business office is located: <Amended on Oct. 29, 2008; Dec. 31, 2008; Mar. 29, 2011; Aug. 27, 2014; Oct. 14, 2014; Jun. 21, 2016; Jul. 26, 2017; Aug. 6, 2019; Jul. 11, 2022> |
| 1. | A document wherein the personal information of the applicant (in cases of a corporation, executives, including its representative), such as the name, resident registration number and address, is stated (in cases of a foreigner, referring to a copy of alien registration certificate issued under Article 33 of the Immigration Act): Provided, That where the inevitable reason that an applicant (referring to any executive officer including the representative where an applicant is a corporation) who is a foreigner cannot attach a copy of his or her alien registration certificate is deemed well-founded, that copy may be replaced by a document determined and publicly notified by the Minister of Science and ICT; |
| 2. | A business consulting report; |
| 3. | A list of information and communications engineers and copies of the relevant engineers' career pocket books (including printouts); |
| 4. | A certificate issued under subparagraph 2 of Article 15; |
| 5. | A document verifying that he or she has an office: A copy of lease contract (to be submitted only if he or she has leased an office), and a certificate of completion of erection of a temporary building (to be submitted only if the office is a temporary building subject to reporting under Article 20 (3) of the Building Act). |
| (2) | Upon receipt of an application for registration under paragraph (1), a Mayor/Do Governor shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act; and where an applicant does not consent to verification of the documents referred to in subparagraph 1, 4, or 5, he or she shall be required to submit the relevant documents: <Amended on Oct. 29, 2008; Dec. 31, 2008; May 4, 2010; Nov. 2, 2010; Oct. 14, 2014 Jun. 21, 2016; Jul. 11, 2022> |
| 2. | A corporation registration certificate; |
| 3. | A certified copy of the building registry (it can be substituted by a certified copy of building ledger, if it is owned or rent by the applicant); |
| 5. | A subscription certificate of a National Pension subscriber or a certificate of acquisition and loss of the entitlement to the Health Insurance of the information and communications engineer). |
| (3) | Where a corporation intends to apply for registration of construction business, the application shall be filed in the name of the representative entered in the register. <Amended on Jul. 11, 2022> |
| (4) | Where a business consulting report under paragraph (1) 2 is prepared, the Information and Communications Construction Business Consulting Outlines with regard to consultants, consulting methods, the preservation of relevant documents, etc. determined and publicly notified by the Minister of Science and ICT shall be followed. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jun. 15, 2021> |
| Article 17 (Validity of Appended Documents and Supplementation of Applications) |
| (1) | Each document under Article 16 (1) shall remain in effect and shall have been issued within 30 days before the date of application for registration of construction business. <Amended on Dec. 31, 2008> |
| (2) | If an application for registration of construction business or document appended thereto falls under any of the following cases, a Mayor/Do Governor shall have it supplemented by fixing a period: |
| 1. | Where any document that shall be appended is not appended; |
| 2. | Where any details that shall be entered in the application and document appended thereto are not entered or the entered details are not specific. |
| Article 18 (Issuance of Registration Certificates and Registration Pocket Books) |
| (1) | Upon accepting registration of construction business under Article 14 (1) of the Act, a Mayor/Do Governor shall issue a registration certificate of information and communications construction business (hereinafter referred to as "registration certificate") and a registration pocket book of information and communications construction business (hereinafter referred to as "registration pocket book") to the applicant. In such cases, he or she shall recollect the registration certificate or registration pocket book, if any, which has already been issued. |
| (2) | In issuing a registration certificate or registration pocket book under paragraph (1), a Mayor/Do Governor shall require the applicant to submit the career handbook of an information and communications engineer and shall record necessary matters therein. |
| (3) | A construction business operator shall post the registration certificate inside the main business office, and shall present the registration pocket book if requested by any related person. |
| (4) | Where a registration certificate or registration pocket book is lost, unusably worn out, or short of space in a column to fill in, a construction business operator may apply for the reissuance thereof; and if it becomes unusable due to its being worn out or lack of space of column to fill in, such application shall be filed by appending the relevant registration certificate or registration pocket book. |
| Article 19 Deleted. <Mar. 30, 2015> |
| Article 20 (Construction Business Register) |
| (1) | Upon completing registration of construction business under Article 14 (1) of the Act, a Mayor/Do Governor shall prepare and keep a construction business register. |
| (2) | Upon issuing a registration certificate or registration pocket book under Article 18, a Mayor/Do Governor shall record such fact in a register of issuance of registration certificates and registration pocket books of information and communications construction business in order of serial numbers. <Amended on Aug. 6, 2019> |
| (3) | If a construction business operator moves the location of his or her main business office to a district under the jurisdiction of another Mayor/Do Governor, a Mayor/Do Governor shall send a duplicate of the construction business register prepared under paragraph (1) to the Mayor/Do Governor having jurisdiction over the location of a new business office. |
| Article 21 (Criteria for Registration) |
| (1) | "Technical ability, capital (for individuals, the amount of asset valuation; hereinafter the same shall apply) or an office prescribed by Presidential Decree" in subparagraph 1 of Article 15 of the Act means the technical ability, capital or office prescribed in attached Table 3. |
| (2) | "Not less than the amount prescribed by Presidential Decree" in subparagraph 2 of Article 15 of the Act means at least 10/100 of the base amount of capital prescribed in attached Table 3. |
| (3) | Cases that are in violation of restrictions under this Act or other statutes or regulations under subparagraph 4 of Article 15 of the Ac" shall be following cases |
| 2. | Where the applicant is subject to suspension of construction business, the period of such suspension shall have not been passed; |
| 3. | Where the applicant violates any of the restrictions imposed under this Act, this Decree, or other statutes or regulations, in addition to such cases falling under subparagraph 1 or 2. |
[This Article Newly Inserted on Aug. 27, 2014]
| Article 22 (Reporting on Transfer of Construction Business) |
| (1) | Where a construction business operator intends to report transfer of his or her construction business, or merger of corporations in the main clause, with the exception of the subparagraphs, of Article 17 (1) of the Act, the following parties shall jointly prepare a report and submit it to the competent Mayor/Do Governor within 30 days from the date the transfer contract is concluded (referring to the date of registration of the split-off, or split and merger, in cases of a report on transfer of construction business through a split-off, or split and merger) or the merger of corporations is registered: <Amended on Mar. 29, 2011; Aug. 6, 2019> |
| 1. | In cases of transfer of construction business, transferor and transferee; |
| 2. | In cases of merger of corporations, the representatives of respective corporations before the merger and the representative of the corporation established after or surviving the merger. |
| (2) | In filing a report under paragraph (1), a report (including a report in electronic form) on transfer of construction business, or merger of corporations shall be accompanied by the following documents (including electronic documents): <Amended on Mar. 29, 2011> |
| 1. | A copy of the transfer contract (referring to a plan for split-off or a contract for split and merger, in cases of a split-off, or split and merger) or the contract for merger of corporations; |
| 2. | Documents referred to in under Article 16 (1). In such cases, a business consulting report referred to in Article 16 (1) 2 shall be based on the date on which the transfer contract is concluded (referring to the date of registration of split-off, or split and merger, in cases of a split-off, or split and merger) or the merger is registered; |
| 3. | Registration certificates and registration pocket books; |
| 4. | A written consent of the project owner or a document verifying the termination of the contract of the relevant project (applicable only to a report on a transfer where any project is being performed); |
| 5. | Current status (referring to the project owner, project cost, project period, warranty period, and other matters of the project) on the project (applicable only to a project, the warranty period of which has not elapsed); |
| 6. | Current status of subcontracted projects and unpaid subcontract amount (applicable only where any project is subcontracted or the subcontract amount is unpaid); |
| 7. | Copies of resolutions on the merger adopted by the general meetings of two corporations which are the parties to the merger (applicable only to a report on merger of corporations which are stock companies or limited companies). |
| (3) | Upon receiving a report under paragraph (2), a Mayor/Do Governor shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where a reporting person does not consent to verification of the matters referred to in subparagraph 1, 4 through 6, he or she shall be required to submit the relevant documents: <Amended on Oct. 29, 2008; Dec. 31, 2008; May 4, 2010; Nov. 2, 2010; Oct. 14, 2014; Jun. 21, 2016> |
| 1. | A certificate of fact of alien registration under Article 88 (2) of the Immigration Act (applicable only where the reporting person, or the representative or executive of a corporation is a foreigner); |
| 2. | A corporation registration certificate; |
| 3. | A certified copy of the building registry (it can be substituted by a certified copy of building ledger, if it is owned or leased by the reporting person); |
| 4. | Certificates of payment of national taxes and local taxes by the transferor (applicable only to a report on a transfer); |
| 6. | A subscription certificate of a National Pension subscriber or a certificate of acquisition and loss of the entitlement to the Health Insurance of the information and technology engineer. |
| (4) | Articles 17, 18 and 20 shall apply mutatis mutandis to reports on transfer of construction business or reports on merger of corporations. <Amended on Jun. 21, 2016> |
| (5) | In any of the following cases, a Mayor/Do Governor may request a transferor or transferee to take appropriate measures, such as supplementation of a transfer contract: |
| 1. | Where the submission of opinions by the interested persons is deemed well-grounded; |
| 2. | Where the criteria for registration, etc. of the transferor is deemed inappropriate as a result of examination thereof; |
| 3. | Where any term and condition of transfer of construction business is deemed in contravention of Article 19 of the Act. |
| (6) | Paragraph (5) shall apply mutatis mutandis to processing of reports on merger of corporations. |
| Article 22-2 (Reporting on Inheritance of Construction Business) |
| (1) | Where a construction business operator's heir intends to file a report in the proviso, with the exception of the subparagraphs, of Article 17 (1) of the Act, he or she shall submit a report on the inheritance of construction business (including electronic documents) to the Mayor/Do Governor within 60 days from the commencement date of inheritance, accompanied by the following documents (including electronic documents): |
| 1. | A document evidencing that he or she is an heir; |
| 2. | A notarized document with the signature of one construction business representative selected to represent all co-heirs, if the construction business operator's heirs are multiple; |
| 3. | A document falling under the subparagraphs of Article 16 (1); |
| 4. | A transferor's original copy of a registration certificate or a registration pocket book. |
| (2) | Where an heir is deemed not to meet the construction business registration standards under Article 15 of the Act, a Mayor/Do Governor may request that the heir take appropriate measures, such as supplementing the inheritance report. |
| (3) | Where a construction business operator's heir falls under any of the grounds for disqualification under the subparagraphs of Article 16 of the Act, he or she shall transfer the construction business to any third person within three months. |
| (4) | Upon receipt of a report under paragraph (1), a Mayor/Do Governor shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the person who has filed the report does not consent to the verification referred to in subparagraphs 1 and 4 through 6, the relevant document shall be attached: |
| 1. | A certificate of fact on alien registration under Article 88 (2) of the Immigration Act (applicable only where a person who has filed the report, or a corporation's representative or executive officer is a foreigner); |
| 2. | A corporate registration certificate; |
| 3. | A certified copy of the building registry (a certified copy of building ledger may replace, if the building is owned or leased); |
| 4. | An heir's certificate of payment of national and local taxes; |
| 6. | A subscription certificate of a National Pension subscriber or a certificate of acquisition and loss of the entitlement to the Health Insurance of the information and technology engineer. |
[This Article Newly Inserted on Aug. 6, 2019]
| Article 23 (Changes to Be Reported by Construction Business Entities) |
| (1) | "Matters determined by Presidential Decree” in Article 23 (1) of the Act means the following: <Amended on Mar. 29, 2011; Aug. 27, 2014> |
| 1. | Location of the business office; |
| 3. | Changes in capital (applicable only where the capital is reduced below the criteria for registration prescribed in attached Table 3, and excluding any change in capital unrelated to the construction business); |
| 4. | Information and communications engineers. |
| (2) | A person who intends to report the change of matters under Article 23 (1) of the Act shall file a report (including a report in electronic form) on the change of information and communications construction business with a Mayor/Do Governor along documents (including electronic documents) classified in the following subparagraphs, within 30 days from the date the cause therefor occurs: <Amended on Jun. 21, 2016; Jul. 11, 2022> |
| 1. | Change of trade name or title: No relevant documents; |
| 2. | Change of the location of the business office: Documents under Article 16 (1) 5; |
| 3. | Change of the representative: Documents specifying the personal matters of the new representative such as his or her name, resident registration number and address; |
| 4. | Change in capital: Documents under Article 16 (1) 2; |
| 5. | Change of an information and communications engineer: A copy of his or her career pocket book (including printouts). |
| (3) | A Mayor/Do Governor who receives a report in accordance with paragraph (2) shall verify the documents falling under the following subparagraphs (only in cases of falling under any of the subparagraph 1 through 3 and 5 of paragraph (2)) through the common use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That the applicant refuse to consent to verification on any matter referred to in subparagraphs 1, 3, and 4, The Mayor/Do Governor shall have him or her attach the relevant documents (referring to a copy of the business registration certificate in cases of the business registration certificate, and including a copy of alien registration certificates in cases of foreigners): <Amended on Jun. 21, 2016> |
| 1. | A business registration certificate; |
| 2. | A corporation registration certificate (only in case of a corporation; |
| 3. | A certificate of foreign resident registration (only applicable to foreigners); |
| 4. | A subscription certificate of a National Pension subscriber or a certificate of acquisition and loss of the entitlement to the Health Insurance (only in case of an information and communications engineer). |
| (4) | A Mayor/Do Governor who receives a report on change under paragraph (2) shall require the construction business operator to submit his,her, or its registration certificate and registration pocket book and shall issue them by specifying the changed matter therein. <Newly Inserted on Jun. 21, 2016> |
| (5) | Article 17 shall apply mutatis mutandis to reports on change filed by a construction business operator. <Amended on Jun. 21, 2016> |
| Article 24 (Closure of Business to Be Reported by Construction Business Entities) |
| (1) | A person who intends to close his or her business due to a cause falling under any subparagraph of Article 23 (2) of the Act shall submit to a Mayor/Do Governor a report (including a report in electronic form) on the closure of information and communications construction business within 30 days from the date the cause therefor occurs. |
| (2) | A report under paragraph (1) shall be accompanied by a registration certificate and registration pocket book: Provided, That if it is impossible to attach a registration certificate or registration pocket book due to any unavoidable cause, the reason shall be specified in a report on the closure of information and communications construction business. <Amended on Jul. 11, 2022> |
| (3) | Upon receipt of a report on the closure of business under paragraph (2), a Mayor/Do Governor shall verify the certificate of fact of business closure or the business registration certificate reported to the competent tax office under the Value-Added Tax Act, through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the reporting person does not consent to such verification, he or she shall be required to append the relevant documents. <Amended on May 4, 2010; Nov. 2, 2010> |
| Article 24-2 (Standards for Construction Business Entities That Are Large Enterprises) |
| (2) | Construction business entities that are large enterprises subject to restriction on project costs pursuant to paragraph (1) shall be as follows: |
| 3. | A construction business operator that is a local public enterprise under the Local Public Enterprises Act (hereinafter referred to as "local public enterprise"). |
| (3) | The standards for project costs under paragraph (1) need not apply to a project for which a negotiated contract is awarded by the State, etc. in accordance with contract-related statutes or regulations. |
[This Article Newly Inserted on Jul. 11, 2022]
[Previous Article 24-2 moved to Article 24-3 <Jul. 11, 2022>]
| Article 24-3 (Entrustment of Research and Investigation Affairs) |
| (1) | “Institution or organization satisfying the requirements prescribed by Presidential Decree” in Article 24-3 (3) of the Act means an institution or organization satisfying the following requirements: <Amended on Jan. 5, 2021> |
| 1. | It shall be an institution or organization falling under any of the following items: |
| 2. | It shall satisfy all of the following items: |
| (a) | To have research organizations related to construction business; |
| (b) | To employ personnel with experience in the calculation of expenses for information and communications construction; |
| (c) | To operate a system for cooperation with the industrial circles and academic circles. |
| (2) | The Minister of Science and ICT shall, in cases of entrusting research and institution affairs in accordance with Article 24-3 (3) of the Act, publicly notify the entrusted institutions or organizations and the content of entrusted affairs. <Amended on Jul. 26, 2017> |
[This Article Wholly Amended on Jun. 21, 2016]
[Moved from Article 24-2 <Jul. 11, 2022>]
SECTION 2 Contract and Subcontract
| Article 25 (Exception to Separation of Contracts) |
"Cases determined by Presidential Decree, where it is difficult to separate a contract due to the nature of projects or technological management" in the proviso of Article 25 of the Act means any of the following cases: <Amended on Mar. 29, 2011; Apr. 17, 2018> | 1. | A large-scale project, such as a tunnel, dam, or bridge, constructed with special technologies including a patented method of construction, in which the locus of warranty responsibility would become unclear or an object cannot be completed, if the contract for such project is separated; |
| 2. | A project for underground conduits for information and communications to be installed concurrently with road construction as an appurtenant thereto, in which an object cannot be completed, if the contract for such project is separated; |
| 3. | An emergency restoration project in the aftermath of a natural disaster or emergency disaster, in which it is impractical to separate the contract; |
| 4. | A project that requires confidentiality in connection with national defense, national security, etc., in which it is impractical to separate the contract; |
| 5. | A project for underground conduits for information and communications under attached Table 1, in which it is impractical to separate the contract; |
| 6. | A minor project falling under any subparagraph of Article 4 (1). |
| Article 26 (Terms and Conditions of Project Contracts) |
| (1) | "Matters determined by Presidential Decree" in Article 26 (2) of the Act means the following: <Amended on Dec. 31, 2008; Mar. 29, 2011; Aug. 6, 2019; Dec. 24, 2019> |
| 2. | Where agreement is made on the advance payment of contract price or the payment of an amount of work completed, the timing, methods, and amounts of respective payments; |
| 3. | Matters concerning bearing of loss, where a party to a contract requests the modification of design, suspension of project, or cancellation of contract; |
| 4. | Matters concerning the scope of immunity from responsibility in the event of a natural disaster, natural calamity, or a force majeure event; |
| 5. | Matters concerning the change of the contract price or the details of a project due to the modification of design, price fluctuations, etc.; |
| 6. | Inspections for transfer of objects of contract and the timing of transfer; |
| 7. | Timing of payment of the contract price after the completion of a project; |
| 8. | Where the performance of contract is delayed, matters concerning the compensation for damage, such as payment of penalty for breach of contract, delay charges, etc.; |
| 9. | Warranty period and method of warranty; |
| 10. | Matters concerning the method of disposal, and recycling, of wastes generated from the relevant project; |
| 13. | Other matters specified in accordance with other statutes or regulations or by mutual agreement. |
| (2) | The Minister of Science and ICT may determine and disseminate the standard form contract concerning the contracts and subcontracts of information and communications construction projects so that contracting parties conclude contracts fairly in equal positions (in cases of a subcontract, referring to the standard form contract for information and communications construction projects recommended by the Fair Trade Commission under the Fair Transactions in Subcontracting Act). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 27 (Assessment of Performance Capability) |
| (2) | In assessing performance capability under paragraph (1), the management period of construction business and the performance of construction projects of the former construction business operator shall be added up in any of the following cases: <Amended on Aug. 6, 2019> |
| 1. | Where a corporate construction business operator fully transfers its construction business to a corporation established by or surviving a split-off or split and merger; |
| 2. | Where construction business that an individual has managed is transferred for conversion into corporate business (applicable only where an individual whose construction business has been registered establishes a corporation and becomes the representative of the relevant corporation); |
| 3. | Where a corporate construction business operator transfers the construction business to convert itself from a partnership company or partnership company to a limited company or stock company; |
| 4. | Where corporate construction business operators are merged, or where a corporate construction business operator and a corporation, other than a construction business operator are merged; |
| 5. | Where the death of a construction business operator leads to the inheritance of construction business. |
| (3) | The performance capability assessed under paragraph (1) refers to the contract amount of a single construction project that a construction business operator is eligible to perform within one year from the date of public notification thereof (referring to the time the public notification enters into force, if it is separately determined; hereafter the same shall apply in this Article): Provided, That in cases of the performance capability assessed on any of the following grounds, it refers to the contract amount of a single construction project that a construction business operator is eligible to perform from the date of public notification of the relevant performance capability to the date immediately preceding the date of public notification thereof in the following year: <Amended on Aug. 6, 2019> |
| 3. | Where the performance capability assessed based on false documents submitted under Article 27 (3) of the Act is reassessed. |
| (4) | The Minister of Science and ICT shall issue to a construction business operator a registration pocket book wherein the performance capability assessed under paragraph (1) is recorded, and shall publicly announce the performance capability of each construction business operator on a newspaper or through computer network by July 31 each year: Provided, That in cases of falling under the subparagraphs of paragraph (3), it shall be publicly announced through the computer network at the time the performance capability is assessed. <Amended on Mar. 23, 2013; Aug. 27, 2014; Jul. 26, 2017> |
| Article 28 (Reporting on Records of Performance) |
| (1) | A construction business operator who intends to have its performance capability assessed under Article 27 (3) of the Act shall submit a report on records of performance of information and communications construction projects (including electronic documents) to the Minister of Science and ICT by not later than February 15 each year (the documents in paragraph (2) 3 shall be submitted by May 10 if it is a corporation, and by July 10 if it is an individual). <Amended on Mar. 23, 2013; Aug. 27, 2014; Jul. 26, 2017; Apr. 17, 2018; Aug. 6, 2019> |
| (2) | A report under paragraph (1) shall be accompanied by the following documents (including electronic documents): Provided, That the same shall not apply to a project, the contract price of which is less than five million won: <Amended on Dec. 31, 2008; Jun. 21, 2016; Oct. 30, 2018; Aug. 6, 2019; Jul. 11, 2022> |
| 1. | The following documents that prove the records of performance: |
| (a) | In cases of a domestic construction ordered by the State, a local government, a public institution, a corporation established in accordance with any special Act, or a facilities-based telecommunications business operator registered under Article 6 of the Telecommunications Business Act (excluding a construction that a facilities-based telecommunications business operator subcontracts to a construction business operator falling under any subparagraph of Article 12 of the Act): A certificate of performance record of information and communications construction issued by the project owner (excluding where the relevant project owner notifies the Association entrusted with the affairs under Article 53 (2) 3 of the records of construction performance in advance); |
| (b) | In cases of a domestic construction and domestic subcontracted construction (including sub-subcontracted construction): The following documents which are issued by the entity placing an order for the relevant construction or the contractor (referring to the subcontractor in cases of any sub-subcontracted construction) thereof: Provided, That where a certificate of performance record of information and communications construction is impossible to be issued, due to the business closure of the entity placing an order, the contractor or the subcontractor, the document under 1) may be replaced by a document verifying such reason and a copy of the contract for the relevant construction (referring to the subcontract or sub-subcontract therefor in case of any subcontracted or sub-subcontracted construction): |
| (i) | A certificate of performance record of information and communications construction concerning the relevant construction; |
| (c) | In cases of any overseas constructions under the Overseas Construction Promotion Act, certificates of completed parts of construction issued by the Overseas Construction Association established under Article 23 of the same Act or certificates on receipt of foreign currencies issued by foreign exchange banks, accompanied by copies of construction contracts; |
| (d) | In cases of any constructions performed by a construction business operator for his, her or its own purpose, certificates of performance of self-demand constructions issued by the supervisors of those relevant constructions; |
| 2. | Where the assessment of credit rating is intended under attached Table 4, evidentiary documents therefor; |
| 3. | Copies of any of the following documents: |
| (a) | Financial statements (including statement of financial position and statement of profit and loss) submitted to the head of the competent tax office under the Corporate Tax Act or the Income Tax Act; |
| Article 29 (Information Management concerning Construction Business) |
| (1) | Details of information that can be provided under Article 27 (5) of the Act shall be as follows: <Amended on Dec. 31, 2008; Apr. 17, 2018; Jul. 11, 2022> |
| 1. | Records of performance of overall construction businesses, current status of information and communications engineers, and average production per information and communications engineer; |
| 2. | Gross records of performance of a construction business operator, and records of performance by type of project; |
| 3. | Current status of information and communications engineers employed by a construction business operator; |
| 4. | Management status of construction business; |
| 5. | Administrative measures imposed on a construction business operator and punitive measures imposed on an unjust business entity; |
| 6. | Matters concerning the facts, etc. of having been selected as an exemplary construction business entity by the relevant project owner (applicable only to the State, local governments, and public institutions); |
| 7. | Information required to promote overseas expansion of information and communications construction, such as information on overseas markets. |
| (2) | Upon receipt of a request from a person who intends to receive information under paragraph (1), the Minister of Science and ICT shall provide it, in writing or via the communications network of a telecommunications business entity within 10 days from the date of such request. <Amended on Dec. 31, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| Article 30 (Scope of Subcontract) |
| (1) | A project that a construction business operator is eligible to subcontract under Article 31 of the Act shall be a technically separable independent part of the project contracted, and the scope thereof shall be determined on the basis of a process or section, etc. |
| (2) | The scope of a project that a subcontractor is eligible to further subcontract under the proviso of article 31 (2) of the Act shall be limited to a technically separable independent part of the subcontracted project. |
| (3) | "Technically separable independent part" in paragraphs (1) and (2) means the part that does not affect the completion of a whole project ordered, as it can be clearly distinguished where the responsibility lies, even if it may be performed separately by phase, by section, etc. |
| Article 31 (Application for Approval of Subcontract) |
A person who intends to obtain approval of the subcontract or sub-subcontract of an information and communications construction project under Article 31 (3) of the Act shall submit an application for approval of the subcontract or sub-subcontract of an information and communications construction project, along with the following documents: <Amended on Apr. 17, 2018> | 1. | A copy of a proposal for a subcontract (sub-subcontract) agreement; |
| 2. | A copy of registration pocket book of a subcontractor (sub-subcontractor). |
| Article 32 (Methods of Direct Payment of Subcontract Price by Project Owners) |
| 1. | If a project owner confirms that a contractor is unable to pay a subcontract price due to the suspension of payment, bankruptcy, etc., the project owner shall determine the completed part and the amount for the part performed by the subcontractor, and shall notify the subcontractor of the subcontractor's eligibility to claim the subcontract amount directly to the project owner and the amount to be paid; |
| 2. | The subcontractor shall claim the direct payment of the subcontract amount within 15 days from the date on which he or she has been notified under subparagraph 1; |
| 3. | The project owner shall pay the subcontract price directly to the subcontractor who makes a claim under subparagraph 2, and shall notify the contractor of such fact; |
| 4. | The project owner shall determine the priority order for the payment of subcontract prices on the basis of the order of completion or amount of work completed, if several subcontractors exist eligible to claim direct payment; and on the basis of the date of receipt of a request for direct payment under subparagraph 2, if the points of time thereof are the same. |
| Article 32-2 (Evaluation of Appropriateness of Subcontract Agreements) |
| (1) | "Where the subcontract price is below the amount corresponding to the ratio prescribed by Presidential Decree" in Article 31-6 (1) 2 of the Act means that the subcontract price (referring to the amount which the amount calculated on the basis of contract unit prices (including direct and indirect labor costs, material costs, and expenses) specified in the detailed statement on calculation of the contract amount of the contractor for the part to be subcontracted, general administrative expenses, profits, and value added tax, but excludes the amount to be borne by the contractor in accordance with the related statutes or regulations, such as the cost of materials directly supplied by the contractor to the subcontractor) is less than 82/100 of the subcontract portion of the contract amount. |
| (2) | The evaluation of the subcontractor's ability to perform projects or terms and conditions of the subcontract agreement under Article 31-6 (1) of the Act shall be conducted on the following items: |
| 1. | Subcontractor's ability to perform projects; |
| 2. | Appropriateness of the subcontract price. |
| (3) | Where a project owner intends to request the contractor to replace any of its subcontractors or to amend any terms and conditions of the subcontract agreement under Article 31-6 (2) of the Act, he or she shall do so in writing within 30 days from the date he or she becomes aware of the grounds therefor. |
| (4) | The Minister of Science and ICT shall determine and publicly notify matters necessary in relation to the detailed standards for the items of evaluation of subcontractor's ability to perform projects or terms and conditions of the subcontract agreement in paragraph (2), the procedures therefor, etc. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Aug. 27, 2014]
| Article 33 (Request for Replacement of Subcontractor) |
If a project owner intends to request the replacement of a subcontractor under Article 32 (1) of the Act, he or she shall do so in writing within 15 days from the date on which the or she becomes aware of the existence of a ground therefor or within 30 days from the date on which the ground occurs.
SECTION 3 Management of Performance of Projects and Pre-Use Inspection
| Article 34 (Standards for Placement of Information and Communications Engineers) |
| (1) | An information and communications engineer appropriate for the type of the relevant project shall be placed at a work site under Article 33 (1) of the Act. |
| (2) | A construction business operator shall manage a project by placing an information and communications engineer as a full-time worker at a work site as classified below during the performance of the project: Provided, That the same shall not apply to the period of suspension: |
| 1. | A project, the contract price of which is at least 500 million won: An information and communications engineer of an intermediate or higher level; |
| 2. | A project, the contract price of which is at least 50 million won but less than 500 million won: An information and communications engineer of a junior or higher level. |
| (3) | An information and communications engineer placed at a work site shall take all safety measures to prevent any danger and hazard incurring from the project and conscientiously perform such duties in accordance with related statutes or regulations. |
| (4) | In any of the following cases, a construction business operator may permit one information and communications engineer to manage two projects upon obtaining approval from the project owner: <Amended on Aug. 27, 2014> |
| 1. | A same-type project performed in the same Si (including the Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities) or Gun, the contract amount of which is less than 100 million won; |
| 2. | A same-type project newly performed at the work site where a project is already being performed. |
| Article 35 (Constructions Subject to Pre-Commencement Design Drawings Verification and Pre-Use Inspection) |
| (1) | "Project determined by Presidential Decree" in Article 36 (1) of the Act means a project to install private telecommunications lines, private lines for mobile communications, and integrated broadcasting reception facilities prescribed in attached Table 1: Provided, That the following projects shall be excluded therefrom as categorized below: <Amended on Oct. 29, 2008; Dec. 31, 2008; Jul. 17, 2012; Apr. 17, 2018> |
| 1. | In cases of pre-commencement design drawings verification: |
| (a) | An installation project in a building, the total floor area of which does not exceed 150 square meters; |
| 2. | In cases of pre-use inspection: |
| (a) | A project falling under item (a) or (b) of subparagraph 1; |
| (b) | A project, the supervision of which has been conducted; |
| 3. | Deleted. <Apr. 17, 2018> |
| (2) | In cases of a project falling under paragraph (1) 2 (b), a person who has placed an order for the project shall submit a copy of the report on the results of supervision (excluding documents appurtenant thereto, such as design drawings) notified to the project owner under Article 14, to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply). <Amended on Mar. 29, 2011; Aug. 27, 2014; Jul. 24, 2018> |
| (3) | Article 8 (3) shall apply mutatis mutandis to the calculation of the total floor area of a building that falls under paragraph (1) 1 (a). <Amended on Jul. 24, 2018> |
[Title Amended on Jun. 21, 2016]
| Article 35-2 (Pre-Commencement Verification of Design Drawings) |
| (1) | A person who intends to receive the verification of design drawings in accordance with Article 36 (1) of the Act shall, before commencing the relevant information and communications construction, submit an application for the pre-commencement verification of design drawings of information and communications construction (including an application in a form of an electronic document) to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, together with a copy of design drawings (including design drawings in a form of an electronic document) of that construction. |
| (2) | Upon receipt of a request for verification of design drawings under paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall verify whether or not the content of the design drawings conforms to the technical standards under Article 6 of the Act (hereafter referred to as “technical standards” in this Article). |
| (3) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to notify the applicant under paragraph (1) of the result of the verification of design drawings of information and communications construction under paragraph (2), he or she shall notify the result by specifying it in a written notification of the result of the pre-commencement verification of design drawings of information and communications construction prescribed by Ordinance of the Ministry of Science and ICT; and shall notify the result by specifying such content as his or her opinion following the verification and the matters to be complemented where the design of the relevant construction is deemed inappropriate for construction for falling short of the technical standards or for other reasons. <Amended on Jul. 26, 2017> |
| (4) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu notifies the results of the verification of design drawings of information and communications construction in accordance with paragraph (3), he or she shall record such results by giving serial numbers in a management ledger of affairs concerning the pre-commencement verification of design drawings of information and communications construction. |
[This Article Newly Inserted on Jun. 21, 2016]
| Article 36 (Pre-Use Inspection) |
| (1) | A person who intends to undergo a pre-use inspection under Article 36 of the Act shall submit an application (including an application in electronic form) for the pre-use inspection of an information and communications construction project along with a copy of the as-built drawings of the project to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Mar. 29, 2011; Aug. 27, 2014> |
| (2) | Upon receipt of a request for pre-use inspection under paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall examine whether the relevant project meets the technical standards under Article 5 and the adequacy of construction conditions. <Amended on Mar. 29, 2011; Aug. 27, 2014> |
| (3) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that the relevant facilities are fit for use as a result of a pre-use inspection conducted under paragraph (2), he or she shall issue a certificate of completion of pre-use inspection of an information and communications construction project. <Amended on Mar. 29, 2011; Aug. 27, 2014> |
| (4) | Upon issuing a certificate of completion of pre-use inspection of an information and communications construction project under paragraph (3), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall record it in the register of issuance of pre-use inspections of information and communications construction projects in order of serial numbers. <Amended on Mar. 29, 2011; Aug. 27, 2014> |
| (5) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that a project work is unfit for use due to failure to meet the technical standards or on other grounds as a result of a pre-inspection conducted under paragraph (2), he or she shall order the relevant applicant to supplement such matters, specifying the grounds therefor. <Amended on Mar. 29, 2011; Aug. 27, 2014> |
| (6) | Where the person who received supplementation order under paragraph (5) has completed supplementation by the deadline for processing an application for pre-use inspection of an information and communications construction project, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may conduct pre-use inspection and issue a certificate of completion of pre-use inspection under paragraphs (2) and (3), without application procedures under paragraph (1). <Newly Inserted on Apr. 17, 2018> |
| Article 37 (Liability for Warranty on Projects) |
"Period determined by Presidential Decree for each type of projects" in Article 37 (1) of the Act means the following period: <Amended on Mar. 29, 2011; Aug. 6, 2019; Jan. 5, 2021> | 1. | A project for the installation of cable tunnels, such as tunnel-type or open-cut type (referring to drilling or excavation method) tunnels: Five years; |
| (a) | Installation of cables (excluding the installation works executed in a building); |
| (d) | Installation of switch boards; |
| (e) | Transmission facilities; |
| (f) | Satellite communications facilities; |
| 3. | Projects other than those referred to in subparagraphs 1 and 2: One year. |
CHAPTER IV INFORMATION AND COMMUNICATIONS ENGINEERS
| Article 38 (Education of Human Resources in Information and Communications Technology) |
| (1) | The Minister of Science and ICT shall formulate a master plan for training and education of human resources in information and communications technology each year pursuant to Article 38 of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A training institution for human resources in information and communications technology designated and announced by the Minister of Science and ICT pursuant to Article 69 (3) of the Act (hereinafter referred to as "training institution") shall formulate a detailed implementation plan for education of human resources in information and communications technology in accordance with the master plan formulated under paragraph (1); and shall obtain approval thereof from the Minister of Science and ICT by the end of the preceding year. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | A detailed implementation plan for education under paragraph (2) shall include the following: |
| 1. | Basic guidelines for education; |
| 3. | Curricula and subjects of education; |
| 6. | Other matters necessary for education of human resources in information and communications technology. |
| (4) | The standards for education for recognition as human resources in information and communications technology under Article 38 (1) of the Act shall be as prescribed in attached Table 5. |
| (5) | Where any information and communications engineer completes education under paragraph (4), the Minister of Science and ICT shall record the completion of such education in his or her career pocket book or supervisors' license. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | A service provider or construction business operator shall provide human resources in information and communications technology employed by him or her with convenience necessary for undergoing education under paragraph (4); and shall not treat them unfavorably for reason of education. |
| Article 39 (Applications for Recognition as Information and Communications Engineers) |
| (1) | A person who intends to be recognized as an information and communications engineer under Article 39 (1) of the Act shall submit an application for recognition as information and communications engineer, along with his or her certificate of graduation (applicable only where the entry of educational background is required) and his or her work experience certificate, to the Minister of Science and ICT; in such cases, the Minister of Science and ICT shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act; and where an applicant does not consent to the verification thereof, he or she shall be required to submit the relevant documents (including a copy of national technical qualification certificate provided in the National Technical Qualifications Act in the case of subparagraph 1, and including a copy of Residence Card in the case of subparagraph 2): <Amended on Nov. 2, 2010; Mar. 23, 2013; Jul. 26, 2017; ; Jul. 11, 2022> |
| 1. | A confirmation of a national technical qualification holder (applicable only to holders of national technical qualification certificates); |
| (2) | An information and communications engineer who intends to obtain the recognition of the change of his or her grade shall submit an application for change of grade, along with the following documents, to the Minister of Science and ICT: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jul. 11, 2022> |
| 1. | A work experience certificate; |
| 2. | A certificate of graduation. |
| (3) | A person who intends to obtain the recognition of his or her work experience as an information and communications engineer shall submit an application for recognition of work experience, along with his or her work experience certificate, to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jul. 11, 2022> |
| (4) | The Minister of Science and ICT shall issue a career pocket book of an information and communications engineer to an applicant for recognition as an information and communications engineer under paragraph (1), or to an applicant for change of his or her grade under paragraph (2). <Amended on Mar. 23, 2013; Jul. 26, 2017; Jul. 11, 2022> |
| (5) | Where an information and communications engineer intends to change any matter stated in his or her career pocket book of information and communications engineer, he or she shall submit an application for change of matters stated in the career pocket book of information and communications engineer to the Minister of Science and ICT, accompanied by documents evidencing such change. In such cases, the Minister of Science and ICT shall verify an abstract of the relevant resident registration record card through administrative data matching under Article 36 (1) of the Electronic Government Act; and where an applicant does not consent to verification, the applicant shall be required to submit the relevant documents. <Amended on Jul. 11, 2022> |
| (6) | Upon issuing a career pocket book under paragraph (4), the Minister of Science and ICT shall record such fact in a register of issuance of career pocket books of information and communications engineers. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jul. 11, 2022> |
| (7) | Where an information and communications engineer requests verification of his or her work experience to present his or her technical ability to a project owner, a construction business operator, a service provider, etc., the Minister of Science and ICT may issue a work experience certificate to the information and communications engineer. <Amended on Mar. 23, 2013; Jul. 26, 2017; Jul. 11, 2022> |
| Article 40 (Qualification Standards for Information and Communications Engineers) |
| (1) | The qualification standards for information and communications engineers under Article 39 (2) of the Act shall be determined separately by grade; and the detailed standards by grade shall be as prescribed in attached Table 6. |
| (2) | The Minister of Science and ICT shall maintain and manage the records related to the grades, work experience, etc. of persons recognized as information and communications engineers under Article 39 (2) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
CHAPTER V PROJECT-RELATED ORGANIZATIONS
| Article 41 (Establishment of Information and Communications Contractors Association) |
The establishment of an Information and Communications Contractors Association (hereinafter referred to as the "Association") under Article 41 of the Act shall be initiated by at least ten construction business operators as its promoters, who shall prepare its articles of association with approval of at least 1/5 of construction business operators at its inaugural general meeting and shall apply for authorization thereof to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
| Article 42 (Supervision over Association) |
The Minister of Science and ICT may require the Association to report the following: <Amended on Mar. 23, 2013; Jul. 26, 2017>
| 1. | Matters approved at a general meeting or meeting of the board of directors (applicable only to the matters related to entrusted affairs); |
| 2. | Matters required to ascertain the actual performance of construction business operators or subcontracts; |
| 3. | Other important matters related to construction business or the Association. |
| Article 43 (Establishment of Information and Communications Financial Cooperative) |
To establish an Information and Communications Financial Cooperative (hereinafter referred to as the "Cooperative") under Article 45 of the Act, at least 10 construction business operators, as promoters, shall prepare its articles of association with approval of at least one-fifth of construction business operators at its inaugural general meeting and shall apply for authorization thereof to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
| Article 44 (Scope of Guarantee) |
The scope of guarantee to be provided under Article 45 (1) of the Act shall be the obligations and liabilities borne in the course of performing the following projects, etc.: <Amended on Mar. 29, 2011> | 1. | Projects under Article 2 and services related thereto; |
| 6. | Cultural heritage repair projects under the Act on Cultural Heritage Maintenance; |
| 8. | Projects appurtenant to those provided for in subparagraphs 2 through 7 and the repair projects thereof. |
| Article 45 (Limit of Guarantee) |
| (1) | The limit of total guarantees that the Cooperative can provide is 20 times the aggregate amount of total contributions and reserve funds: Provided, That where any guarantee is provided by a financial institution, insurance company, or any other similar institutions, or where the Cooperative provides any guarantee upon receipt of a security, such guarantee shall not be included in the limit of guarantee by the Cooperative. |
| (2) | The contributions and reserve funds referred to in paragraph (1) shall be based on the accounts settled at the end of the preceding year of each business year: Provided, That where any capital is increased or assets are revaluated under the Assets Revaluation Act during a business year, they shall be based on the contributions and reserve funds as at the time the capital increase or asset revaluation is completed. |
| (3) | The limit of guarantee by type of guarantee that the Cooperative can provide to its members shall be determined, in consideration of the accident rate by type of guarantee and credit ratings of members, etc. <Amended on Jan. 5, 2021> |
| Article 46 (Fees and Interests) |
| (1) | The Cooperative may receive guarantee fees, interests on loans, bill discounting charges, and dues from members. |
| (2) | Matters necessary for guarantee fees, etc. referred to in paragraph (1) shall be prescribed by the Cooperative's articles of association. |
| Article 47 (Supervision over Cooperative) |
The Minister of Science and ICT may require the Cooperative to report the following: <Amended on Mar. 23, 2013; Jul. 26, 2017>
| 1. | Matters approved at a general meeting or meeting of the board of directors (applicable only to the matters related to entrusted affairs); |
| 2. | Matters required to ascertain the actual financial status of construction business operators; |
| 3. | Other important matters related to construction business or the Cooperative. |
| Article 47-2 (Cooperative Projects) |
"Projects prescribed by Presidential Decree" in subparagraph 3 of Article 46 of the Act means the following: | 1. | Discount of bills which members receive as the construction price, etc.; |
| 2. | Arrangement to assist members to purchase construction equipment and provision of information; |
| 3. | Contributions to corporations related to information and communications or educational and research institutes related to information and communications construction business; |
| 4. | Mutual aid projects to enhance the welfare of members or persons employed by such members; |
| 5. | Investment in related projects necessary for the attainment of the purposes of the Cooperative; |
| 6. | Projects to promote independent economic activities among construction business operators; |
| 7. | Operation and management of the Cooperative's property such as lease; |
| 8. | Projects incidental to those under subparagraphs 1 and 2 of Article 46 of the Act and subparagraphs 1 through 7 of this Article. |
[This Article Newly Inserted on Aug. 6, 2019]
| Article 48 (Records and Management of Investigations on Actual Conditions) |
Where an investigation on actual conditions is conducted pursuant to Article 63 (1) of the Act, a Mayor/Do Governor shall, after completing the investigation, record the results thereof and the personal information of public officials who have conducted the investigation on the investigation paper for the actual conditions of information and communications construction business operators.
| Article 49 (Suspension of Duties) |
| (1) | The guidelines for imposing any disposition to suspend duties of supervisors or information and communications engineers based on the type and severity of each violation under Article 64 or 68 of the Act shall be as prescribed in attached Table 7. |
| (2) | The Minister of Science and ICT may increase or reduce the period for suspension of duties according to the guidelines referred to in paragraph (1) to the extent of a half thereof, taking into account motives, details, and frequencies of the relevant violation. The total period for suspension of duties shall not exceed one year, even though it is increased. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT imposes any disposition to suspend duties of a supervisor or information and communications engineer, he or she shall record such fact in the register of administrative dispositions on supervisors or information and communications engineers. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| Article 50 (Suspension of Business) |
| (1) | The guidelines for imposing administrative dispositions and penalty surcharges for each type and severity of violations under Articles 66 (1) and 66-2 (1) of the Act shall be as prescribed in attached Table 8. <Amended on Jul. 17, 2012; Jul. 24, 2018> |
| (2) | A Mayor/Do Governor may increase or reduce the period of suspension of business referred to in paragraph (1) to the extent of a half thereof, taking into account motives, details, and frequencies of the relevant violations. In cases of increase, the total period of suspension of business shall not exceed the period prescribed in Article 66 (1) of the Act and the total amount of penalty surcharges shall not exceed the amount prescribed in Article 66-2 (1) of the Act. <Amended on Jul. 17, 2012; Jul. 24, 2018> |
| (3) | Deleted. <Mar. 30, 2015> |
| Article 50-2 (Temporary Failure to Meet Criteria for Registration) |
"Cases prescribed by Presidential Decree, such as where the court decides to commence the rehabilitation procedures and the procedures therefor are being proceeded with, or where the construction business entity fails temporarily to meet the criteria for registration" in the proviso of Article 66 (1) 4 of the Act means any of the following cases: <Amended on Apr. 29, 2016; Jul. 24, 2018> | 1. | Where a construction business entity fails to meet the criteria for registration due to the death, disappearance, or retirement of a person who has the technical ability prescribed in attached Table 3, the period of which does not exceed 50 days; |
| 2. | Where a construction business entity fails to meet the criteria for capital prescribed in attached Table 3 and falls under any of the following cases: |
| (b) | Where the court decides to terminate rehabilitation procedures for the relevant construction business entity under the Debtor Rehabilitation and Bankruptcy Act, deeming that implementation of its rehabilitation plan will not be impeded and the rehabilitation plan is being implemented; |
| (c) | Where a coordinating committee of creditor financial institutions passes a resolution to commence the procedures for joint administration conducted by the coordinating committee of creditor financial institutions under the Corporate Restructuring Promotion Act and such procedures are being proceeded with; |
| 3. | Where a corporation subject to the proviso of Article 542-8 (1) of the Commercial Act fails to meet the criteria for registration due to reduction of its capital as at the end of the latest business year, the period of which does not exceed 50 days. |
[This Article Newly Inserted on Aug. 27, 2014]
| Article 51 (Interested Persons' Requests) |
Where an interested person intends to request a Mayor/Do Governor to impose any sanction on a construction business operator under Article 67 of the Act, he or she shall do so in writing by specifying the following matters: | 1. | Name of the construction business operator; |
| 3. | Location of the project; |
| 4. | Violations of any statutes or regulations; |
| Article 52 (Register of Administrative Dispositions) |
Upon imposing a disposition to suspend business, a penalty surcharge, or revocation of registration, a Mayor/Do Governor shall record such fact in a register of administrative dispositions on registered information and communications construction business operators and furnish it. <Amended on Jul. 17, 2012>
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 53 (Delegation of Authority and Entrustment of Duties) |
| (1) | In accordance with Article 69 (1) of the Act, the Minister of Science and ICT shall delegate his or her authority over the following affairs to the Director General of the Central Radio Management Office: <Amended on Jul. 3, 2008; Mar. 29, 2011; Mar. 23, 2013; Jul. 26, 2017; Jun. 15, 2021> |
| (2) | The Minister of Science and ICT or a Mayor/Do Governor shall entrust the following affairs to the Association pursuant to Article 69 (2) of the Act: <Amended on Dec. 31, 2008; Jul. 17, 2012; Mar. 23, 2013; Jul. 26, 2017; Aug. 6, 2019; Jul. 11, 2022> |
| 1. | Affairs related to receipt of applications for qualification of, and recognition as, supervisors, and the issuance and management of licenses under Article 8 (4) through (6) of the Act; |
| 1-3. | Deleted; <Mar. 30, 2015> |
| 1-4. | Affairs related to receipt of reports on the transfer, merger or inheritance of a construction business under Article 17 (1) of the Act; |
| 3. | Affairs related to the integrated management of information, the assessment and publication of performance capability, the provision of information, and the establishment and operation of an information management system regarding construction business under Article 27 of the Act; |
| 4. | Deleted; <Dec. 31, 2008> |
| 5. | Affairs related to receipt of applications for recognition as information and communications engineers, recognition thereof, and issuance and management of career pocket books, under Article 39 (1) through (3) of the Act; |
| 7. | Affairs related to cancellation of recognition as information and communications engineers under Article 68-2 of the Act; |
| 9. | Records on completion of education under Article 38 (5). |
[Title Amended on Jul. 11, 2022]
| Article 53-2 (Handling of Personally Identifiable Information) |
| (1) | The Minister of Science and ICT (including a person authorized or entrusted by the Minister of Science and ICT under Article 53) or Mayor/Do Governor (including a person authorized or entrusted, if any) may handle data containing resident registration numbers or foreigner regident registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, where it is inevitably required to perform his or her duties regarding the following: <Amended on Aug. 6, 2019> |
| 3. | Reporting on the transfer, merger, or inheritance of a construction business under Article 17 of the Act; |
| (3) | The Association shall protect personally identifiable information in accordance with the Personal Information Protection Act when handling data containing such information under paragraph (2). |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 54 (Methods of Calculating Wages to Be Excluded from Seizure) |
An amount equivalent to wages under Article 71-2 of the Act shall be calculated by summing up the wages specified in design documents out of the amount of contract price or subcontract price of an information and communications construction project. <Amended on Jan. 5, 2021> [Title Amended on Jan. 5, 2021]
| Article 55 (Public Announcement) |
Registration etc. of construction business under Article 72 of the Act shall be published in official bulletins, or via computer networks, of the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province. <Amended on Mar. 29, 2011; Aug. 27, 2014>
| (1) | A Mayor/Do Governor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall report on the following status as at the last day of each quarter with the Minister of Science and ICT by not later than the 15th day of the following month, as prescribed in Article 72-2 (2) or (3) of the Act: <Amended on Mar. 29, 2011; Mar. 23, 2013; Aug. 27, 2014; Jul. 26, 2017> |
| (2) | Where the Association or a training institution performs the affairs entrusted under Article 69 (2) and (3) of the Act and Article 53 (2) of this Decree, it shall report thereon with the Minister of Science and ICT as classified below: Provided, That the matters referred to in subparagraphs 2 and 3 shall be reported to a Mayor/Do Governor: <Amended on Mar. 23, 2013; Jul. 26, 2017; Aug. 6, 2019> |
| 1. | Current status of, receipt of applications for the issuance of supervisors' licenses, and the issuance thereof under Article 8 (4) of the Act: As of the last day of each quarter, by not later than the 15th day of the following month; |
| 2. | Results of receipt of reports by construction business operators under Article 23 (1) of the Act: As at the last day of each month, by not later than the tenth day of the following month; |
| 3. | Results of receipt of reports on records of projects and other matters under Article 27 (3) of the Act: Within 30 days after completion of receipt; |
| 4. | Results of training and education for human resources in information and communications technology under Article 38 (1) of the Act: As at the last day of each quarter, by not later than the 15th day of the following month; |
| 5. | Results of processing applications for recognition, etc. as information and communications engineers and issuance of career pocket books under Article 39 (1) and (2) of the Act: As at the last day of each quarter, by not later than the 15th day of the following month. |
| (3) | Where the Minister of Science and ICT or a Mayor/Do Governor can verify the matters reported under paragraph (1) and (2) via an information and communications network, any reporting under paragraph (1) and (2) may be omitted. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Fees in paragraph (1) shall be paid by any of the following means: Provided, That the Minister of Science and ICT, a Mayor/Do Governor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may permit payment by means of electronic money, electronic payment, etc. via an information and communications network: <Amended on Mar. 29, 2011; Mar. 23, 2013; Aug. 27, 2014; Jul. 26, 2017> |
| 1. | Fees in subparagraphs 2, 3, and 5 of Article 73 of the Act: Revenue stamps of the relevant local government; |
| Article 57-2 (Re-Examination of Regulation) |
| (1) | The Minister of Science and ICT shall examine the appropriateness of the following matters every three years counting from the following respective base dates (referring to the period that ends on the third anniversary before the base date) and shall take measures for improvement, etc.: <Amended on Aug. 27, 2014; Dec. 9, 2014; Jul. 26, 2017; Aug. 6, 2019> |
| 1. | Exceptions to restriction on construction projects under Article 4: January 1, 2014; |
| 2. | Scope of projects requiring design under Article 6: January 1, 2014; |
| 3. | Scope of projects subject to supervision under Article 8: January 1, 2014; |
| 3-2. | Qualification standards for supervisors under Article 10: January 1, 2014; |
| 4. | Standards for placement of supervisors, approval of project owners, etc. under Article 8-3: January 1, 2014; |
| 4-2. | Reporting, etc. on the status of placement of supervisors under Article 8-4 (1) and (2): October 25, 2019; |
| 5. | Deleted: <Mar. 3, 2020> |
| 6. | Deleted: <Mar. 3, 2020> |
| 7. | Criteria for registration under Article 21: January 1, 2014; |
| 8. | Exception to separation of contract under Article 25: January 1, 2014; |
| 9. | Assessment of performance capability under Article 27: January 1, 2014; |
| 10. | Standards, etc. for placement of information and communications engineers under Article 34: January 1, 2014; |
| 11. | Projects subject to pre-use inspection under Article 35: January 1, 2014; |
| 12. | Pre-use inspection under Article 36: January 1, 2014; |
| 13. | Guidelines for imposing administrative dispositions and penalty surcharges under Article 50: January 1, 2014. |
| (2) | Deleted. <Mar. 30, 2015> |
[This Article Wholly Amended on Dec. 30, 2013]
| Article 58 (Criteria for Imposing Administrative Fines) |
| (2) | In imposing administrative fines under paragraph (1), the Minister of Science and ICT or a Mayor/Do Governor may increase or reduce the amount thereof to the extent of a half thereof, taking into account the severity, frequencies, motives, consequence, etc. of the relevant violation: Provided, That no amount to be increased shall exceed the upper limit of the amount of administrative fines referred to in Article 78 (1) and (2) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT or a Mayor/Do Governor shall furnish a ledger of dispositions of administrative fines and record the matters related to imposition and collection of administrative fines therein, and manage it. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Mar. 29, 2011]
ADDENDA <Presidential Decree No. 20667, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Placement of Supervisors)
Article 3 (Transitional Measures concerning Contracts for Design or Supervision)
Article 4 (Transitional Measures concerning Grades, etc. of Supervisors and Information and Communications Engineers)
| (1) | Notwithstanding the amended provisions of attached Table 2 or 6, the previous provisions shall apply to the grades of, or the qualifications for, supervisors or information and communications engineers that have been recognized under the previous provisions before attached Tables 2 and 6 of the Enforcement Decree of the Information and Communications Construction Business Act (Presidential Decree No. 19847) enter into force. |
Article 5 (Relationship with Other Statutes)
Where any other statutes cite the previous provisions of the Enforcement Decree or the Enforcement Rule of the Information and Communications Construction Business Act as at the time this Decree enters into force, it shall be deemed to have cited the relevant provisions of this Decree in lieu of the previous provisions, if any provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 20896, Jul. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21235, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Preparation, etc. of Contracts for Projects)
The amended provisions of Article 26 (1) 12 shall begin to apply from the first contract for a project concluded on or after the date this Decree enters into force. Article 3 (Transitional Measures concerning Administrative Dispositions)
Notwithstanding the amended provisions of attached Table 8, the previous provisions shall apply to the administrative dispositions against a violation committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 21419, Apr. 6, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22297, Jul. 21, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22772, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Assessment of Performance Capability)
The amended provisions of subparagraph 3 (b) of attached Table 4 shall apply to information and communications business entities who apply for the assessment of performance capability for the first time after the date this Decree enters into force.
Article 3 (Transitional Measures concerning Guidelines for Imposing Administrative Dispositions)
Notwithstanding the amended provisions of attached Table 8, the previous provisions shall apply to the guidelines for imposing administrative dispositions on any violation committed before this Decree enters into force.
Article 4 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
Notwithstanding the amended provisions of attached Table 10, the previous provisions shall apply to the criteria for imposing administrative fines on any violation committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 23959, Jul. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2012.
Article 2 (Transitional Measures concerning Guidelines for Imposing Administrative Measures)
Notwithstanding the amended provisions of attached Table 8, the previous provisions shall apply to the guidelines for imposing administrative dispositions on any violation committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 24155, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on Nov 1, 2012. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 24445, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on Jan 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25560, Aug. 27, 2014>
This Decree shall enter into force on August 29, 2014.
ADDENDA <Presidential Decree No. 25652, Oct. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26167, Mar. 30, 2015>
This Decree shall enter into force on March 31, 2015.
ADDENDUM <Presidential Decree No. 26834, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27115, Apr. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27229, Jun. 21, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 24-2 shall enter into force on June 23, 2016.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 28801, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 28 (1) shall enter into force on the date of its promulgation. Article 2 (Applicability to Evaluation of Construction Capability)
The amendments to attached Table 4 shall begin to apply from the first construction business operator that files an application for evaluation of construction capability after this Decree enters into force.
ADDENDA <Presidential Decree No. 29057, Jul. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 22, 2018: Provided, That the amended provisions of Article 35 (2) and (3), attached Table 2, attached Table 6, and the section of relevant articles in subparagraph 15 of attached Table 8 of the Enforcement Decree of the Information and Communications Construction Business Act (Presidential Decree No. 28801) shall enter into force on October 18, 2018. Article 2 (Applicability to Evaluation of Construction Capability)
The amendments to attached Table 4 shall begin to apply from the first construction business operator that files an application for evaluation of construction capability after this Decree enters into force.
Article 3 (Transitional Measures regarding Criteria for Administrative Dispositions)
Notwithstanding the amended provisions of attached Table 8, the previous provisions shall prevail in applying the criteria for administrative dispositions against violations committed before this Decree enters into force (including criteria for imposing penalty surcharges).
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 30034, Aug. 6, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 25, 2019.
Article 2 (Applicability to Standards for Placing Supervisors)
The amended provisions of Article 8-3 (1) shall begin to apply to the first construction project awarded after this Decree enters into force. Article 3 (Applicability to Assessment of Performance Capability)
The amended provisions of Article 27 (2) 5 and (3) 2 shall begin to apply to construction business operators who file an application for the assessment of their performance capability after this Decree enters into force.
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 16, 2020. <Proviso Omitted.>
Articles 2 through 33 Omitted.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31221, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 31379, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Requirements for Designation or Entrustment)
This Decree shall begin to apply where designation or entrustment procedures commence pursuant to the amended statutes or regulations under this Decree, after this Decree enters into force.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31445, Feb. 17, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDA <Presidential Decree No. 31768, Jun. 15, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 11 of attached Table 9 shall enter into force on January 1, 2022.
Article 2 (Transitional Measures concerning Changes in Fees for Assessment of Performance Capability)
Notwithstanding the amended provisions of subparagraph 11 of attached Table 9, the previous provisions shall apply to fees for cases in which an information and communications construction business operator applies for the assessment of his or her performance capability pursuant to Article 27 (2) of the Act before the amended provisions of subparagraph 11 of attached Table 9 enter into force pursuant to the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 32447, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 32785, Jul. 11, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 12, 2022: Provided, That the amended provisions of Articles 9, 16, 23, and 39 shall enter into force six months after the date of the promulgation of this Decree. Article 2 (Applicability to Restriction on Awarding Contracts for Information and Communications Construction Works to Construction Business Entities That Are Large Enterprises)
The amended provisions of Article 24-2 shall begin to apply to an information and communications construction work for which the State, etc. makes a notice of tender or enters into a negotiated contract after this Decree enters into force.