ENFORCEMENT DECREE OF THE CONSTRUCTION MACHINERY MANAGEMENT ACT
Wholly Amended by Presidential Decree No. 14063, Dec. 31, 1993
Amended by Presidential Decree No. 14063, jun. 30, 1994
Presidential Decree No. 14447, Dec. 23, 1994
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 16183, Mar. 12, 1999
Presidential Decree No. 16552, Sep. 9, 1999
Presidential Decree No. 16872, jun. 27, 2000
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18594, Dec. 3, 2004
Presidential Decree No. 19507, jun. 12, 2006
Presidential Decree No. 20171, Jul. 18, 2007
Presidential Decree No. 20176, Jul. 18, 2007
Presidential Decree No. 20361, Nov. 5, 2007
Presidential Decree No. 20506, Dec. 31, 2007
Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 21263, Jan. 14, 2009
Presidential Decree No. 21562, jun. 25, 2009
Presidential Decree No. 21668, Aug. 5, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22172, May 27, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 23743, Apr. 20, 2012
Presidential Decree No. 24389, Feb. 20, 2013
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25524, Jul. 28, 2014
Presidential Decree No. 26028, Jan. 6, 2015
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27356, Jul. 19, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28138, jun. 20, 2017
Presidential Decree No. 28585, Jan. 16, 2018
Presidential Decree No. 29096, Aug. 14, 2018
Presidential Decree No. 29518, Feb. 8, 2019
Presidential Decree No. 29630, Mar. 19, 2019
Presidential Decree No. 30085, Sep. 17, 2019
Presidential Decree No. 30424, Feb. 18, 2020
Presidential Decree No. 30798, jun. 23, 2020
Presidential Decree No. 31103, Oct. 8, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 32848, Aug. 2, 2022
The purpose of this Decree is to prescribe matters delegated by the Construction Machinery Management Act and matters necessary for the enforcement of that Act. <Amended on Jul. 18, 2007>
| Article 2 (Scope of Construction Machinery) |
| Article 3 (Application for Registration) |
| (1) | Each owner of construction machinery who intends to register his or her construction machinery under Article 3 (1) of the Act, shall submit an application (including an application in electronic format) for registration of construction machinery to a Special Metropolitan City Mayor, a Metropolitan City Mayor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the address of the owner of the construction machinery or over the place of use of the construction machinery, appending the following documents (including electronic documents). In such cases, a Mayor/Do Governor shall verify the certified copy of construction machinery register (limited to cases of construction machinery, registration of which has been canceled) through administrative data matching under Article 36 (1) of the Electronic Government Act; and, if other appended documents can also be verified through administrative data matching, he or she shall verify them thereby in lieu of the confirmation of appended documents; and where any applicant fails to consent to such verification, he or she shall require the applicant to append the documents: <Amended on Mar. 12, 1999; Jun. 27, 2000; Mar. 17, 2004; Jun. 12, 2006; Jul. 18, 2007; May 4, 2010; May 27, 2010; Nov. 2, 2010; Feb. 20, 2013; Jun. 30, 2016; Aug. 14 2018> |
| 1. | A document evidencing the source of the construction machinery, classified as follows: Provided, That if the relevant document is lost, a document certifying the fact of issuance thereof (limited to the document issued by the original issuance) may be used in lieu of the document: |
| (a) | Construction machinery made in Korea: Construction machinery manufacture certificate; |
| (b) | Imported construction machinery: Import license or other documents evidencing the importation: Provided, that in cases of a tower crane, the construction machinery manufacture certificate shall be additionally submitted; |
| (c) | Construction machinery purchased from government agencies: Purchase certificate; |
| 2. | A document evidencing the applicant is the owner of construction machinery: Provided, That where a document specified in subparagraph 1 can evidence the ownership of the construction machinery, such document may be used in lieu thereof; |
| 3. | Construction machinery dimension table; |
| (2) | Any application for registration of construction machinery under paragraph (1) shall be filed within two months from the purchase date of the construction machinery (referring to the date of sale, if the construction machinery was imported for sale): Provided, That in cases of war, civil disturbance, or other comparable national emergencies, such application shall be filed within five days. |
| (3) | Upon receipt of an application for registration of construction machinery filed under paragraph (1), a Mayor/Do Governor shall verify the details of the application and the findings of inspection for initial registration (where a verification inspection was received under Article 19 (1) or (2) of the Act, referring to the findings thereof), state such details in the construction machinery register and construction machinery registration certificate; and shall without delay issue a construction machinery registration certificate to the owner of the construction machinery. <Amended on Sep. 9, 1999; Jul. 18, 2007> |
| (4) | A Mayor/Do Governor shall process the registration and management of construction machinery using the computerized information processing system referred to in Article 39-2 (1) of the Act, operated by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "computerized information processing system"): Provided, That where it is impracticable to process such affairs using a computerized information processing system due to extenuating circumstances, such as where the computing equipment or computing programs is not installed or where any malfunction of computing equipment occurs, they can be processed manually on a temporary basis. <Newly Inserted on Jul. 18, 2007; Feb. 29, 2008; Feb. 20, 2013; Mar. 23, 2013> |
| (5) | Where the affairs related to registration has been processed manually under the proviso to paragraph (4), a Mayor/Do Governor shall without delay enter them in a computerized information processing system, when such system becomes available for use, and manage them accordingly. <Newly Inserted on Jul. 18, 2007; Feb. 20, 2013> |
| Article 3-2 (Establishment of Supply and Demand Plan for Construction Machinery) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a supply and demand plan for construction machinery referred to in Article 3-2 of the Act (hereinafter referred to as “supply and demand plan for construction machinery”) every five years, following deliberation by the Construction Machinery Supply and Demand Adjustment Committee under Article 3-3 of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Trends of manufacture and sale of construction machinery; |
| 2. | Matters concerning rental rates, operating and maintenance costs, etc., of construction machinery; |
| 3. | Matters concerning demand forecasts of construction machinery by type, capacity, and region. |
| (3) | The Minister of Land, Infrastructure and Transport may request any Mayor/Do Governor and related organizations to provide information necessary for the establishment of a supply and demand plan for construction machinery. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Where necessary due to natural disaster, etc., the Minister of Land, Infrastructure and Transport may modify a supply and demand plan for construction machinery following deliberation by the Construction Machinery Supply and Demand Adjustment Committee referred to in Article 3-3 of the Act: Provided, That the same shall not apply to any amendment to minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Newly Inserted on Jul. 18, 2007]
| Article 3-3 (Restrictions on Registration of Construction Machinery Used for Business) |
| (1) | “Registration of construction machinery used for business” in the main clause of Article 3-2 (1) of the Act means registration of construction machinery owned by a construction machinery rental business entity for lease. <Amended on Feb. 20, 2013> |
| (2) | Where a Mayor/Do Governor is notified of restriction on registration under Article 3-2 (2) of the Act, he or she shall prohibit the registration of construction machinery used for business during the restriction period of registration: Provided, That the same shall not apply to the registration of construction machinery during the restriction period to replace the construction machinery of which the registration is canceled under Article 6 (1) 6 through 9 of the Act (limited to construction machinery of the same kind, to be canceled). <Amended on May 27, 2010; Jan. 16, 2018> |
| (3) | The Minister of Land, Infrastructure and Transport may lift the restriction on registration prior to the end of the restriction period of registration following deliberation by the Construction Machinery Supply and Demand Committee established under Article 3-3 of the Act, where necessary due to a steep increase in demand for construction machinery resulting from a natural disaster, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Newly Inserted on Jul. 18, 2007]
| Article 3-4 (Functions and Composition of Construction Machinery Supply and Demand Committee) |
| (1) | The Construction Machinery Supply and Demand Adjustment Committee in Article 3-3 of the Act (hereinafter referred to as the “Supply and Demand Adjustment Committee”) shall deliberate on the following: <Amended on Feb. 29, 2008> |
| 1. | Matters concerning the establishment of a supply and demand plan for construction machinery; |
| 2. | Matters concerning the selection of construction machinery subject to adjustment of supply and demand; |
| 3. | Matters concerning the restriction period of registration of construction machinery used for business; |
| 4. | Matters concerning the date of public notification on restriction on registration of construction machinery used for business; |
| 5. | Other matters related to the adjustment of supply and demand, which are submitted by the chairperson. |
| (2) | Members of the Supply and Demand Adjustment Committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the following persons: <Amended on Feb. 29, 2008; Feb. 20, 2013; Mar. 23, 2013> |
| 1. | Public officials in general service belonging to the Senior Executive Service of the Ministry of Land, Infrastructure and the Ministry of Trade, Industry and Energy; |
| 2. | Public officials of at least Grade III belonging to a Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do"); |
| 3. | Executive officers of construction machinery-related business organizations; |
| 4. | Experts in the field of construction machinery. |
| (3) | The term of office of a non-public official member of the committee shall be two years, which may be consecutively renewed. |
[This Article Newly Inserted on Jul. 18, 2007]
| Article 3-5 (Operation of Supply and Demand Adjustment Committee) |
| (1) | The chairperson shall represent the Supply and Demand Coordination Committee and shall exercise overall control over its affairs. |
| (2) | Where the chairperson is unable to perform any of his or her duties due to extenuating circumstances, a member pre-designated by the chairperson shall act on his or her behalf. |
| (3) | The chairperson shall convene and preside over the meetings of the Supply and Demand Adjustment Committee. |
| (4) | Meetings of the Supply and Demand Adjustment Committee shall open with the attendance of a majority of all incumbent members and resolutions shall be passed with the consent of a majority of those present. |
| (5) | In order to manage the affairs of the Supply and Demand Adjustment Committee, one secretary shall be appointed by the Minister of Land, Infrastructure and Transport from among the public officials belonging to the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | Members who attend a meeting of the Supply and Demand Adjustment Committee may be paid allowances and reimbursed travel expenses, within budgetary limits: Provided, That the same shall not apply where a public official member attends a meeting in direct connection with his or her duties. |
| (7) | If deemed necessary, the Committee may request related institutions, organizations, etc., to provide necessary cooperation, such as the provision of information or opinions. |
| (8) | Except as provided in this Decree, matters necessary for the operation of the Supply and Demand Adjustment Committee shall be determined by the chairperson following resolution by the Supply and Demand Adjustment Committee. |
[This Article Newly Inserted on Jul. 18, 2007]
| Article 3-6 (Dismissal of Members) |
Where a member of the Supply and Demand Adjustment Committee referred to in Article 3-4 (2), falls under any of the following cases, the Minister of Land, Infrastructure and Transport may remove or dismiss him or her from office: | 1. | Where a member becomes unable to perform his or her duties due to physical or mental disability; |
| 2. | Where the member commits any misconduct connection with his or her duties; |
| 3. | Where the member is deemed unsuitable to serve as a member due to neglect of duty, loss of dignity, or other grounds; |
| 4. | Where he or she states that it is difficult for him or her to perform his or her duties. |
[This Article Newly Inserted on Dec. 31, 2015]
| Article 4 Deleted. <Jun. 27, 2000> |
| Article 5 (Report on Changes in Registered Matters) |
| (1) | Pursuant to Article 5 of the Act, where there is any change in a registered matter of construction machinery (except any change in the address or place of use thereof under Article 6), the owner of the construction machinery shall submit a report on changes in construction machinery registration (including a report in electronic form) to the Mayor/Do Governor who registered such machinery pursuant to Article 3, within 30 days from the date of such change (in cases of inheritance, six months from the commencement date of inheritance), accompanied by the following documents (including electronic documents): Provided, That in cases of war, civil disturbance, or other comparable national emergency, the report on change shall be made within five days: <Amended on Mar. 12, 1999; Sep. 9, 1999; Jul. 18, 2007; Jan. 16, 2018; Mar. 19, 2019> |
| 1. | Documents supporting the changed details; |
| 2. | Construction machinery registration certificate (excluding where the address or the place of use of the owner of the construction machinery for private use is changed); |
| 3. | Construction machinery inspection certificate (excluding where the address or the place of use of the owner of the construction machinery for private use is changed). |
| (2) | Notwithstanding paragraph (1), where the name or address of the owner of construction machinery is changed (limited to where the change is made within the same City/Do) and the same owner has filed any of the following reports, he or she shall be deemed to have made a report on any change in the registered matters regarding construction machinery pursuant to paragraph (1). In such cases, the owner of the construction machinery may file an application for the issuance of a construction machinery registration certificate and a construction machinery inspection certificate with the Mayor/Do Governor: <Newly Inserted on Jan. 6, 2015; Jan. 16, 2018> |
| (3) | Upon receipt of a report under paragraph (1) (including where any change in the registered matters are deemed reported pursuant to paragraph (2)), the Mayor/Do Governor shall enter the changed matters in the construction machinery register, the construction machinery registration certificate, and the construction machinery inspection certificate; shall issue the construction machinery registration certificate and the construction machinery inspection certificate to the owner of construction machinery, and shall notify the details thereof to the inspection agent designated under Article 14 (1) of the Act (hereinafter referred to as "inspection agent”). <Amended on Jun. 27, 2000; Jan. 6, 2015; Jan. 16, 2018; Jun. 23, 2020> |
| Article 5-2 (Sellers’ Report on Changes in Registered Matters) |
| (1) | A seller of construction machinery who intends to report any change in registered matters under Article 5 (3) of the Act, shall submit a report on the change of registered matters to the Mayor/Do Governor whom registered such machinery pursuant to Article 3 of the Act, accompanied by documents proving the sale. |
| (2) | A Mayor/Do Governor, in receipt of a report under paragraph (1), shall without delay notify the seller to report the change in registered matters within a period of between 7 and 15 days. |
| (3) | When the buyer fails to file an appeal during the period prescribed in paragraph (2) or to report any change in the registered matters, a Mayor/Do Governor shall enter the change reported by the seller in the construction machinery register and notify it to the seller and buyer, respectively. |
[This Article Newly Inserted on Sep. 9, 1999]
| Article 6 (Transfer of Registration) |
| (1) | Where the registered address or the place of use registered under Article 3 (1) has been changed (limited to a change in different Cities/Dos), an owner of construction machinery shall submit a report on the transfer of registration of construction machinery to the Mayor/Do Governor having jurisdiction over the new place of registration, within 30 days from the date of the change (in cases of inheritance, six months from the commencement date of the inheritance), accompanied by documents evidencing the change of address or the place of use of construction machinery, construction machinery registration certificate, and construction machinery inspection certificate: Provided, That where the address of an owner of construction machinery has changed and the same owner has filed any of the following reports, a document evidencing the change of address need not be submitted: <Amended on Mar. 12, 1999; Sep. 9, 1999; Jul. 18, 2007; Dec. 31, 2007; Feb. 20, 2013; Jan. 6, 2015; Mar. 19, 2019> |
| (2) | Upon receipt of a report under paragraph (1), a Mayor/Do Governor shall verify the construction machinery register and the inspection register, enter the details of the transfer of registration and issue a construction machinery inspection certificate and a newly prepared construction machinery registration certificate, to the person who has filed the report; and without delay notify such details to the inspection agent and interested persons entered in the construction machinery register (including notice in electronic format, if the inspection agent and the interested persons entered in the construction machinery register so wish). <Amended on Jul. 18, 2007; Dec. 31, 2007> |
| (3) | Where falling under paragraph (2), a Mayor/Do Governor shall, in issuing a construction machinery registration certificate, notify the person who has filed the report to replace the registration number plate of construction machinery, and notify the details thereof to a person involved in business of manufacturing registration number plates thereto and inscribing registration numbers under Article 8-2 of the Act (hereafter in this Article referred to as "manufacturer of registration number plates”). <Amended on Sep. 9, 1999; Jun. 27, 2000> |
| (4) | A person who has filed a report and is notified under paragraph (3) shall be issued a registration number plate from the registration number plate manufacturer; and attach and seal it without delay. <Amended on Jun. 27, 2000> |
| Article 7 Deleted. <Mar. 12, 1999> |
| Article 8 (Correction of Registration) |
When a Mayor/Do Governor finds any error or omission in registration after the registration is completed under Articles 3 and 5 of the Act, he or she shall rectify the registration by additional entry and without delay notify the purport thereof to the right holder of the registration and the registration agent of the construction machinery. <Amended on Jan. 16, 2018> [Title Amended on Jan. 16, 2018]
| Article 9 (Preparation and Management of Construction Machinery Register) |
| (1) | A construction machinery register in Article 7 (1) of the Act shall be prepared for each piece of construction machinery. <Amended on Jul. 18, 2007> |
| (2) | In addition to the construction machinery in paragraph (1), a Mayor/Do Governor shall prepare and manage a register of receipt of applications for construction machinery registration, a list of construction machinery register, folio of applications for construction machinery registration, and register of issued construction machinery registration certificates, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jul. 18, 2007; Feb. 29, 2008; Mar. 23, 2013> |
| (3) | A register of receipt of applications for registration of construction machinery, list of construction machinery register, folio of applications for construction machinery registration, and register of issued construction machinery registration certificates in paragraph (2), shall be prepared and managed using a computerized information processing system, expect in extenuating circumstances making electronic processing impractical. <Amended on Dec. 31, 2007; Feb. 20, 2013> |
| Article 9-2 (Standards for Administrative Disposition for Manufacturers of Registration Number Plates) |
The standards for the revocation of designation of manufacturers of registration number plates or for disposition of business suspension under Article 8-2 (7) of the Act shall be as listed in attached Table 1-2. <Amended on Aug. 2, 2022> [This Article Newly Inserted on Jul. 19, 2016]
| Article 10 (Return of Registration Number Plates) |
“Where any matter prescribed by Presidential Decree ... has been changed" in subparagraph 2 of Article 9 of the Act, means any of following changes: <Amended on May 27, 2010; Feb. 20, 2013> | 1. | Change to the owner’ address or place of use of the registered construction machinery (limited to a change to a different City/Do); |
| 2. | Change in the registration number. |
[This Article Wholly Amended on Jun. 27, 2000]
| Article 10-2 (Structure and System of Construction Machinery) |
| (1) | The structure of construction machinery required to comply with the construction machinery safety standards in Article 12 (1) of the Act shall be as follows: |
| 1. | Length, width, and height; |
| 5. | Maximum safety inclination; |
| 6. | Minimum turning radius; |
| 7. | Grounding part and contact pressure. |
| (2) | The system of construction machinery required to comply with construction machinery safety standards in Article 12 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013> |
| 1. | Engine (power generation system) and transmission; |
| 7. | Fuel system, maximum speed restriction system, and other electrical and electronic systems; |
| 8. | Body frame and chassis; |
| 9. | Connecting system and torque system; |
| 10. | Riding system and cargo loading system; |
| 12. | Noise prevention system; |
| 13. | Exhaust gas emission system; |
| 14. | Headlight, number plate light, taillight, brake light, side light, reverse light, and other lighting system; |
| 15. | Horn and alarm system; |
| 16. | Turn signals and other indication system; |
| 17. | Rear-view mirror, window-shield wiper, and other visibility system; |
| 18. | Speedometer, odometer, tachometer, and other measuring instruments; |
| 19. | Fire extinguisher and fire prevention system; |
| 20. | Anti-pressure container and accessories thereof; |
| 21. | Other systems required for the safe operation and use of construction machinery, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jun. 25, 2009]
| Article 10-3 (Standards for Administrative Dispositions against Inspection Agents) |
The standards for revoking the designation of an inspection agent or for suspending his or her business under Article 14 (4) of the Act shall be as specified in attached Table 1-3. [This Article Newly Inserted on Aug. 2, 2022]
[Previous Article 10-3 moved to Article 10-4 <Aug. 2, 2022>]
| Article 10-4 (Inspections) |
[This Article Newly Inserted on Mar. 19, 2019]
[Moved from Article 10-3 <Aug. 2, 2022>]
| Article 11 (Construction Machinery Subject to Type Reporting) |
“Construction machinery prescribed by Presidential Decree" in the proviso of Article 18 (2) of the Act means each of the following construction machinery: <Amended on Jul. 18, 2007; Nov. 5, 2007; May 27, 2010; Jan. 6, 2015; Mar. 19, 2019> | 2. | Excavators (limited to caterpillar type); |
| 3. | Loaders (limited to caterpillar type); |
| 6. | Cranes (limited to caterpillar type); |
| 9. | Concrete batching plants; |
| 12. | Asphalt mixing plants; |
| 17. | Boring machines (limited to caterpillar type); |
| 18. | Pile drivers and pile extractors; |
| 19. | Gravel digging equipment; |
| 21. | Specialized construction machinery; |
| 22. | Deleted. <Jun. 23, 2020> |
[This Article Wholly Amended on Sep. 9, 1999]
| Article 12 (Confirmation Inspection of Construction Machinery) |
| (1) | A confirmation inspection in Article 19 (1) or (2) of the Act shall be conducted for one construction machine, the type of which is manufactured, assembled, or imported for the first time. <Amended on Sep. 9, 1999; Jul. 18, 2007> |
| (2) | A person who intends to receive a conformation inspection under paragraph (1) shall submit an application for confirmation inspection of the type of construction machinery to the Minister of Land, Infrastructure and Transport. <Amended on Dec. 23, 1994; Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Upon receipt of an application under paragraph (2), the Minister of Land, Infrastructure and Transport shall inspect whether the relevant construction machinery has obtained type approval or approval of change to type under the main clause of Article 18 (2) of the Act or paragraph (3) of that Article or whether it conforms to the type reported under the proviso of paragraph (2) of that Article or the provisions of paragraph (4) of that Article. <Amended on Sep. 9, 1999; Feb. 29, 2008; Mar. 23, 2013; Jun. 23, 2020> |
| (4) | The Minister of Land, Infrastructure and Transport shall notify the findings of the confirmation inspection conducted under paragraph (3) to the applicant, and where the construction machinery is deemed to conform to the type, the Minister shall notify such fact to both the Mayor/Do Governor and the inspection agent. <Amended on Sep. 9, 1999; Feb. 29, 2008; Mar. 23, 2013> |
| Article 12-2 (Investigation of Manufacturing Defects) |
Where the Minister of Land, Infrastructure and Transport intends to ascertain whether any defects are found in construction machinery manufactured, assembled, or imported (hereinafter referred to as "manufactured, etc.") pursuant to Article 20-2 (3) of the Act, he or she may require the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act (hereinafter referred to as the "Korea Transportation Safety Authority"), to inspect each of the following matters: <Amended on Mar. 23, 2013; Jun. 23, 2020> | 2. | Whether the defect effects the safe operation or safety of work; |
| 3. | Whether the construction machinery is being manufactured, etc., in the same manner as found in the confirmation inspection conducted under Article 12 (3); |
| 4. | Matters similar to those prescribed in subparagraphs 1 through 3, which are prescribed by Ordinance of the Ministry of Infrastructure and Transport. |
[This Article Newly Inserted on Feb. 20, 2013]
| Article 12-3 (Durability Period of Construction Machinery) |
| (2) | The durability period of a tower crane shall be 20 years from a relevant date specified in the following classification: Provided, That where the durability period of such crane tower has passed (where such durability period is extended based on a precision diagnosis under the proviso of Article 20-3 (2) of the Act, referring to the extended durability period; hereinafter the same shall apply) while the crane tower is installed for construction works, it shall be deemed to be extended until the crane tower is dismantled for the first time after its durability period has passed: |
| 1. | For a tower crane under Article 3 (1) of the Act which is registered in the year of manufacture recorded in the construction machinery manufacture certificate: the date of registration on which it is newly registered for the first time; |
| 2. | For a tower crane under Article 3 (1) of the Act which is not registered in the year of manufacture recorded in the construction machinery manufacture certificate: the end of the year of manufacture. |
[This Article Newly Inserted on Sep. 17, 2019]
[Previous Article 12-3 moved to Article 12-4 <Sep. 17, 2019>]
| Article 12-4 (Certification of Construction Machinery Parts) |
“Apparatus or part of construction machinery prescribed by Presidential Decree” in Article 20-4 (1) of the Act means the each of following apparatus and parts: <Amended on Jun. 23, 2020> | 1. | Hydraulic cylinders for tower cranes (limited to those used to increase or decrease the height of a tower crane); |
| 2. | Brake linings of tower cranes; |
| 3. | Masts of tower cranes (mast: the main pillar supporting the jib); |
| 4. | Jibs of towner cranes (jib: a horizontal beam that rotates around the axis as a center with hanging a load). |
[This Article Newly Inserted on Mar. 19, 2019]
[Moved from Article 12-3 <Sep. 17, 2019>]
| Article 12-5 (Operation of Committee on Inspection and Evaluation of Construction Machinery Manufacturing Defects) |
| (1) | The chairperson (hereafter in this Article and Article 12-8 referred to as "chairperson") of the Committee on Inspection and Evaluation of Construction Machinery Manufacturing Defects established under Article 20-6 (1) of the Act (hereinafter referred to as "Committee on Inspection and Evaluation of Manufacturing Defects") shall represent the Committee on Inspection and Evaluation of Manufacturing Defects, preside over its meetings, and exercise general supervision over its affairs. |
| (2) | Where the chairperson is unable to perform his or her duties due to any unavoidable reason, a member designated in advance by the chairperson shall act on his or her behalf. |
| (3) | A meeting of the Committee on Inspection and Evaluation of Manufacturing Defects shall be convened by the chairperson when the chairperson deems it necessary or at the request of at least two members. |
| (4) | Where the chairperson intends to convene a meeting, he or she shall notify each member of the date and time, venue, and agenda items of the meeting no later than five days before the meeting is held: Provided, That this shall not apply in cases of emergency. |
| (5) | A majority of the members of the Committee on Inspection and Evaluation of Manufacturing Defects shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (6) | Where the Committee on Inspection and Evaluation of Manufacturing Defects deliberates and decides on the results, etc. of corrective measures or inspections under Article 20-2 (1) or (3) of the Act, it shall notify the parties of the major details of such deliberation and decision within 15 days. |
| (7) | Where necessary for deliberation, the Committee on Inspection and Evaluation of Manufacturing Defects may require relevant experts, interested parties, etc. to attend its meeting and hear their opinions. |
| (8) | Allowances, travel expenses, or other necessary expenses may be paid to members, relevant experts, etc. who attend a meeting of the Committee on Inspection and Evaluation of Manufacturing Defects, within the budget. |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the operation, etc. of the Committee on Inspection and Evaluation of Manufacturing Defects shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Oct. 8, 2020]
| Article 12-6 (Exclusion of, Challenge to, or Recusal of, Members of Committee on Inspection and Evaluation of Manufacturing Defects) |
| (1) | A member of the Committee on Inspection and Evaluation of Manufacturing Defects (hereafter in this Article referred to as "member") shall be excluded from its deliberations and decisions in any of the following cases: |
| 1. | Where the member or the current or former spouse of the member is a party to the relevant agenda item (where a party is a corporation, an organization, etc., the executive officers thereof shall be included; hereafter in this subparagraph and subparagraph 2, the same shall apply) or is a joint right holder or a joint obligor with the party to the agenda item; |
| 2. | Where the member is or was a relative of a party to the relevant agenda item; |
| 3. | Where the member has made a statement or provided an expert opinion regarding the relevant agenda item; |
| 4. | Where the member or the corporation, organization, etc. to which he or she belongs is or was an agent of a party to the relevant agenda item; |
| 5. | Where the member has been involved in an action or omission that gave rise to the relevant agenda item; |
| 6. | Where the member serves or served as an executive officer or an employee of the corporation, organization, etc. which is a party to the relevant agenda item; |
| 7. | Where the corporation, organization, etc. to which the member belongs (including where the member has belonged thereto within the recent three years) has given advice, conducted research, or provided service, etc. with regard to the relevant agenda item; |
| 8. | Where the member has given advice, conducted research, or provided service, etc. in relation to the corporation, organization, etc. which is a party to the relevant agenda item within the recent two years. |
| (2) | Where any ground for exclusion specified in paragraph (1) exists or the circumstances indicate that it would be impracticable to expect fair deliberations and decisions of a member, any party may file a request for a challenge to the member with the Committee on Inspection and Evaluation of Manufacturing Defects, which shall decide whether or not to accept the request by resolution. In such cases, the member against whom the request for a challenge is filed shall not participate in the resolution. |
| (3) | Where a member is excluded on any ground prescribed in the subparagraphs of paragraph (1), he or she shall recuse himself or herself from deliberation and decision-making process on the relevant agenda item. |
| (4) | Upon receipt of a request for a challenge under the former part of paragraph (2), the Committee on Inspection and Evaluation of Manufacturing Defects shall suspend the procedures for deliberation on the relevant agenda item until it makes a decision on such request. |
[This Article Newly Inserted on Oct. 8, 2020]
| Article 12-7 (Removal or Dismissal of Members of Committee on Inspection and Evaluation of Manufacturing Defects) |
Article 3-6 shall apply mutatis mutandis to removal or dismissal of members of the Committee on Inspection and Evaluation of Manufacturing Defects. In such cases, "member of the Supply and Demand Adjustment Committee referred to in Article 3-4 (2)" shall be construed as "member referred to in Article 20-6 (2) of the Act". [This Article Newly Inserted on Oct. 8, 2020]
| Article 12-8 (Re-Deliberation on Results of Deliberation by Committee on Inspection and Evaluation of Manufacturing Defects) |
| (1) | Where any deliberation or decision by the Committee on Inspection and Evaluation of Manufacturing Defects falls under any of the following, a re-deliberation may be conducted: |
| 2. | Where the chairperson deems that any important matter affecting the details of a deliberation is omitted or any serious problem is found in the results of an investigation; |
| 3. | Where the Minister of Land, Infrastructure and Transport requests a re-deliberation on the same ground as that specified in subparagraph 2. |
| (2) | A party who intends to request a re-deliberation under paragraph (1) 1 shall do so within 15 days from the date he or she is notified of the results of a deliberation, and an interested party or a whistleblower, etc. shall request a re-deliberation within 30 days from the date he or she becomes aware of the results of a deliberation. |
| (3) | Where the Committee on Inspection and Evaluation of Manufacturing Defects which conducts a re-deliberation under paragraph (1) intends to change the results of the initial deliberation or decision, its decision shall require the concurring vote of at least 2/3 of those present. |
[This Article Newly Inserted on Oct. 8, 2020]
| Article 12-9 (Entrustment of Operation of Committee on Inspection and Evaluation of Manufacturing Defects) |
Pursuant to Article 20-6 (5) of the Act, the Minister of Land, Infrastructure and Transport shall entrust the Korea Transportation Safety Authority with the affairs specified in Article 12-5 (8) and other affairs regarding administrative processing necessary for the operation of the Committee on Inspection and Evaluation of Manufacturing Defects. [This Article Newly Inserted on Oct. 8, 2020]
| Article 13 (Registration of Construction Machinery Rental Business) |
| (1) | Any person who intends to register his or her construction machinery rental business pursuant to Article 21 of the Act (including where construction machinery is rented accompanied by the construction machinery operator, and where construction machinery is rented bearing the operation cost of construction machinery) shall submit to the head of a Si/Gun/Gu, an application for registration of construction machinery rental business, accompanied by documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 23, 1994; Sep. 9, 1999; Jul. 18, 2007; Feb. 29, 2008; Feb. 20, 2013; Mar. 23, 2013> |
| (2) | Registration of construction machinery rental business in paragraph (1) shall be conducted as follows: <Amended on Mar. 12, 1999; Jul. 18, 2007> |
| 1. | General construction machinery rental business: Business run with at least five pieces of construction machinery (including where at least two individuals or corporations operate such business jointly); |
| 2. | Individual construction machinery rental business: Business run with less than four pieces of construction machinery by one individual or corporation. |
| (3) | Where falling under paragraph (1), if at least two individuals or corporations intend to run construction machinery rental business jointly, an application for registration shall be submitted in the name of the representative thereof, and each participant shall affix his or her signature and seal on the application jointly. <Amended on Jul. 18, 2007> |
| (4) | Where falling under paragraph (3), each participant shall draft a contract concerning his or her rights and obligations pertaining to operation of the business as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall append it to the application for registration. <Amended on Dec. 23, 1994; Jul. 18, 2007; Feb. 29, 2008; Mar. 23, 2013> |
| Article 14 (Registration of Construction Machinery Maintenance Business) |
| (1) | Any person who intends to register his or her construction machinery maintenance business pursuant to Article 21 of the Act shall submit an application for registration of construction machinery maintenance business to the head of Si/Gun/Gu, accompanied by documents prescribed by Ordinance of the Ministry Land, Infrastructure and Transport. <Amended on Dec. 23, 1994; Sep. 9, 1999; Jul. 18, 2007; Feb. 29, 2008; Feb. 20, 2013; Mar. 23, 2013> |
| (2) | The registration of construction machinery maintenance business under paragraph (1) shall be conducted as follows, and the scope of business by category shall be as specified in attached Table 2: <Amended on Jul. 18, 2007> |
| 1. | General construction machinery maintenance business; |
| 2. | Partial-construction machinery maintenance business; |
| 3. | Specialized construction machinery maintenance business. |
| Article 15 (Registration of Construction Machinery Sales Business) |
Any person who intends to register his or her construction machinery sales business pursuant to Article 21 of the Act shall submit an application for registration of construction machinery sales business to the head of a Si/Gun/Gu, accompanied by documents prescribed by Ordinance of the Ministry Land, Infrastructure and Transport. <Amended on Dec. 23, 1994; Sep. 9, 1999; Jul. 18, 2007; Feb. 29, 2008; Feb. 20, 2013; Mar. 23, 2013>
| Article 15-2 (Registration of Construction Machinery Dismantling and Recycling Business) |
Any person who intends to register his or her construction machinery dismantling and recycling business pursuant to Article 21 of the Act shall submit an application for registration of construction machinery dismantling and recycling business to the head of a Si/Gun/Gu, accompanied by documents prescribed by Ordinance of the Ministry Land, Infrastructure and Transport. <Amended on Jul. 18, 2007; Feb. 29, 2008; Feb. 20, 2013; Mar. 23, 2013; Jan. 16, 2018> [This Article Newly Inserted on Sep. 9, 1999]
[Title Amended on Jan. 16, 2018]
| Article 16 (Matters to be Included in Contracts for Lease of Construction Machinery) |
"Matters prescribed by Presidential Decree" in Article 22 (3) of the Act means each of the following matters: <Amended on May 27, 2010; Jul. 28, 2014> | 1. | Matters concerning rented construction machinery and construction sites; |
| 2. | Matters concerning the daily operation hours of construction machinery; |
| 3. | Matters concerning the timing, method, and amount of rent, where an agreement has been made on the payment of rent; |
| 4. | Matters concerning the transportation cost of construction machinery and the person to bear such cost; |
| 5. | Matters concerning the bearing of liability for damage, where the contract is canceled or if any natural disaster occurs; |
| 6. | Matters concerning the methods for settlement of disputes, if any. |
[This Article Newly Inserted on Jul. 18, 2007]
| Article 16-2 (Verification of Contracts on Lease of Construction Machinery) |
| 2. | Local government-invested public corporations and local government public corporations established under the Local Public Enterprises Act. |
[This Article Newly Inserted on Jul. 19, 2016]
[Previous Article 16-2 moved to Article 16-3 <Jul. 19, 2016>]
| Article 16-3 (Fact-finding Surveys on Contracts on Lease of Construction Machinery) |
| (1) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall conduct a fact-finding survey (hereinafter referred to as "fact-finding survey") as to whether a contract on lease, etc. of construction machinery prescribed in Article 22-2 (1) of the Act is concluded every quarter for sites where a contract on lease, etc. of construction machinery is concluded and implemented. <Amended on Jul. 19, 2016> |
| (2) | When it is deemed necessary for conducting a fact-finding survey in a systematic and efficient manner, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may conduct such survey by dividing the scope of construction machinery subject to investigations or areas to be surveyed. |
| (3) | Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor conducts a fact-finding survey, he or she shall notify persons subject to surveys of survey plans, including the date, ground, and details of surveys, prior to seven days before commencing an investigation: Provided, That he or she need not notify such fact in advance where it is deemed impracticable to achieve the purposes of surveys due to destruction of evidence, etc. following prior notification. |
| (4) | Where public officials belonging to the Mayor/Do Governor or the Minister of Land, Infrastructure and Transport visit construction sites for conducting a fact-finding survey, they shall carry an identification indicating his or her authority and show it to interested persons. |
| (5) | The Mayor/Do Governor shall submit the outcomes of fact-finding surveys including the following matters, to the Minister of Land, Infrastructure and Transport by March 31 of the following year: <Newly Inserted on Jul. 19, 2016; Aug. 2, 2022> |
| 1. | Number of sites which have undergone a fact-finding survey and number of contracts; |
| 2. | Ratio of concluding a contract on lease, etc. of construction machinery and ratio of using standardized agreements prescribed in Article 22 (4) of the Act; |
| (6) | The Minister of Land, Infrastructure and Transport shall publicly announce the outcomes (including outcomes submitted by the Mayor/Do Governor pursuant to paragraph (5)) of fact-finding surveys pursuant to the latter part of Article 22-2 (1) of the Act by posting them on the website of the Ministry of Land, Infrastructure and Transport by no later than June 30 every year. <Newly Inserted on Jul. 19, 2016> |
[This Article Newly Inserted on Jul. 28, 2014]
[Moved from Article 16-2 <Jul. 19, 2016>]
| Article 16-4 (Occasional Aptitude Test) |
| (1) | “Cases prescribed by Presidential Decree such as having an acquired physical disability that might interfere with safe operation” in Article 30 (1) of the Act means cases where the head of a Si/Gun/Gu has reasonable grounds to believe that a construction machinery operator falls under any of subparagraphs 2 through 4 of Article 27 of the Act or that the construction machinery operator has other physical disabilities that might interfere with safe operation. |
| (2) | The head of a Si/Gun/Gu shall notify the person required to take an occasional aptitude test under Article 30 of the Act (hereinafter referred to as “occasional aptitude test”) for falling under any cases prescribed in paragraph (1) of such fact by registered mail or other means. |
| (3) | Any person who receives the notification under paragraph (2) shall take an occasional aptitude test within three months from the date set by the head of a Si/Gun/Gu. |
[This Article Newly Inserted on Mar. 19, 2019]
| Article 16-5 (Postponement of Occasional Aptitude Test) |
| (1) | When a person required to take an occasional aptitude test is unable to take such test during a period set for the test under Article 16-4 (3) due to any of the following causes or events, he or she shall submit, to the head of a Si/Gun/Gu, an application to either take the test in advance before the period set for the test or to postpone the test, appending a document evidencing such event or cause for postponement: |
| 1. | When he or she stays abroad; |
| 2. | When he or she suffers a disaster or calamity; |
| 3. | When he or she is immobilized due to a disease or injury; |
| 4. | When he or she is deprived of personal freedom and is detained or confined in custody pursuant to statutes or regulations; |
| 5. | When he or she is in military service (including substitute service as a conscripted police officer or a compulsory fire-fighter pursuant to the Military Service Act, but limited to soldiers serving in the ranks); |
| 6. | When there are any other reasonable grounds generally acceptable by social norms as unavoidable. |
| (2) | The head of a Si/Gun/Gu may postpone the test only once, if a reason for application filed under paragraph (1) is deemed reasonable. |
| (3) | Any person who has an occasional aptitude test postponed pursuant to paragraph (2) shall take an occasional aptitude test within three months from the date such cause or event ceases to exist. |
[This Article Newly Inserted on Mar. 19, 2019]
| Article 17 (Permission for Mutual-Aid Business) |
| (1) | An association of construction machinery business entities referred to in Article 32 of the Act that intends to obtain permission for mutual-aid business under Article 32-2 (1) of the Act, shall submit an application for permission for mutual-aid business to the Minister of Land, Infrastructure and Transport, accompanied by the mutual-aid regulations and terms and conditions of the mutual-aid contracts. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Mutual-aid regulations referred to in paragraph (1) shall include the following: |
| 1. | Details of mutual-aid business; |
| 3. | Methods of issuing dispositions for contribution, mutual-aid funds, liability reserve, emergency risk reserve, payment reserve, deficit, etc.; |
| 4. | Other matters concerning the operation of mutual-aid business. |
[This Article Newly Inserted on Sep. 9, 1999]
| Article 17-2 (Details and Operation of Mutual-Aid Business) |
| 1. | Mutual-aid for liability for compensation resulting from an accident caused by a member's construction machinery; |
| 2. | Mutual-aid for damage caused by construction machinery due to an accident occurring while a member owns, uses, or manages such construction machinery; |
| 3. | Mutual-aid for injury caused to a construction machinery operator's body due to an accident occurred while the same construction machinery operator uses or manages a member's construction machinery; |
| 4. | Business for the enhancement of members' welfare, including the installation, operation, and management of common use facilities; |
| 5. | Other business activities to promote the economic benefits of the members. |
| (2) | An association shall appropriate and accumulate a liability reserve, emergency risk reserve, and payment reserve, for the relevant business at the end of each business year, as prescribed by its mutual-aid regulations. |
| (3) | An association shall administer mutual-aid accounting separately from its accounting of other business activities. |
[This Article Newly Inserted on Sep. 9, 1999]
| Article 17-3 (Establishment of Center for Reporting Non-Payment of Construction Machinery Lease) |
| (1) | A center for reporting non-payment of construction machinery lease fees, etc., referred to in Article 34 (1) of the Act (hereafter in this Article referred to as “report center”), shall be established and operated by an association established under Article 32 of the Act, the members of which are persons registered for construction machinery rental business pursuant to Article 21 of the Act (hereafter in this Article referred to as "construction machinery association"). |
| (2) | The duties of a report center referred to in paragraph (1) shall be as follows: |
| 1. | Receipt of report on non-payment of construction machinery lease fees, etc.; |
| 2. | Verification of reported details; |
| 3. | Taking necessary measures and providing assistance for collecting default construction machinery lease fees, etc.; |
| 4. | Other affairs necessary to assist the collection of default construction machinery lease fees, etc. |
| (3) | A construction machinery association shall establish regulations for operation of a report center concerning the methods, procedures, etc., for performing its duties prescribed in paragraph (2) and submit it to the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jul. 28, 2014]
[Previous Article 17-3 moved to Article 17-4 <Jul. 28, 2014>]
| Article 17-4 (Compulsory Measures for Abandoned Construction Machinery) |
| (1) | A Mayor/Do Governor who intends to take compulsory dispositions or issue an order referred to in Article 34-2 (1) of the Act on construction machinery, shall verify that the relevant construction machinery is falling under Article 33 (3) of the Act (hereinafter referred to as "abandoned construction machinery"). In such cases, whether any construction machinery is abandoned construction machinery shall be determined after conducting comprehensive review of the condition, location where discovered, and abandoned period of the relevant construction machinery, details of neighbors' statements or reports, and other circumstances. |
| (2) | Pursuant to Article 34-2 (2) of the Act, a Mayor/Do Governor may dismantle any of the following construction machinery among abandoned construction machinery: |
| 1. | Construction machinery in a state that makes it difficult to relocate or tow it; |
| 2. | Construction machinery impractical to maintain or repair, because most of its structures or systems are disassembled or destroyed; |
| 3. | Construction machinery, the dismantling of which is inevitable due to excessive cost of sale, etc. |
| (3) | A Mayor/Do Governor who intends to sell or dismantle any abandoned construction machinery pursuant to Article 34-2 (2) of the Act shall give written notice thereof to its owner, interested persons, or the user thereof entered in the construction machinery register. |
| (4) | When a Mayor/Do Governor has dismantled any construction machinery registered with any other City/Do, he or she shall without delay notify the dismantling to the relevant Mayor/Do Governor. |
[This Article Newly Inserted on Sep. 9, 1999]
[Moved from Article 17-3 <Jul. 28, 2014>]
| Article 17-5 (Criteria for Imposition of Penalty Surcharges) |
| (2) | Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to impose a penalty surcharge under Article 35-3 (1) of the Act, he or she shall give a person subject to the penalty surcharge written notice (including notice in electronic form, where such person desires), specifying the type of the relevant violation, the amount of the penalty surcharge, and the receiving agency. |
| (3) | A person who receives notice under paragraph (2) shall pay a penalty surcharge to the receiving agency within 20 days from the date of receipt of such notice: Provided, That the person is unable to pay the penalty surcharge due to any reason specified in Article 29 of the Framework Act on Administration, he or she shall pay it within seven days from the date the relevant reason ceases to exist. |
| (4) | The receiving agency paid a penalty surcharge under paragraph (3) shall issue a receipt to the relevant payer, and shall without delay inform the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu of the payment of the penalty surcharge. |
[This Article Newly Inserted on Aug. 2, 2022]
| Article 18 (Use of Computerized Data) |
| (1) | A person who intends to use any computerized data under Article 39-2 (2) of the Act shall submit an application stating the following matters to the head of the relevant central administrative agency: |
| 1. | Purposes and grounds for the use of computerized data; |
| 2. | Scope of computerized data; |
| 3. | Methods of providing computerized data, the agency that keeps it, measures for safe management thereof, etc. |
| (2) | Upon receipt of an application under paragraph (1), the head of the relevant central administrative agency shall examine the following matters and inform the findings of the examination to the applicant within 30 days from the date of receipt of the application; and the applicant shall file an application for the use of computerized data with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, appending the findings of the examination: <Amended on Mar. 23, 2013> |
| 1. | Validity of the purpose of use of computerized data, and propriety and public interest of details of the use of the computerized data; |
| 2. | Whether there is any breach of privacy; |
| 3. | Prevention of the use of computerized data for any purpose other than that originally intended and measures for safe management thereof. |
| (3) | Upon receipt of an application for approval for use of any computerized data under paragraph (2), the Minister of Land, Infrastructure and Transport shall determine whether he or she approves the application, taking the following matters into consideration, and upon approving the use of computerized data, shall record and manage the details of the approval, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013> |
| 1. | Matters prescribed in the subparagraphs of paragraph (2); |
| 2. | Whether the matter for which approval is applied, can be processed using a computerized information processing system; |
| 3. | Whether the processing of the matter for which approval is applied, hampers the efficient performance of the management of construction machinery. |
[This Article Newly Inserted on Feb. 20, 2013]
| Article 18-2 (Delegation of Authority) |
The Minister of Land, Infrastructure and Transport shall delegate his or her authority to approve the use of computerized data under Article 39-2 (2) of the Act (hereinafter referred to as "computerized data") to each Mayor/Do Governor (excluding where a person intends to be provided with computerized data the scope of which extends over at least two Cities/Dos at the same time) pursuant to Article 38 (1) of the Act. <Amended on Mar. 23, 2013> [This Article Newly Inserted on Feb. 20, 2013]
[Previous Article 18-2 moved to Article 18-3 <Feb. 20, 2013>]
| Article 18-3 (Entrustment of Affairs) |
| (1) | "Legal entity or organization specified by Presidential Decree" in Article 38 (2) 4 of the Act means each of the following entities or organizations: <Amended on Sep. 17, 2019; Jun. 23, 2020> |
| 1. | The Korea Transportation Safety Authority; |
| 2. | A person who has obtained type approval for a tower crane pursuant to the main clause of Article 18 (2) of the Act after securing facilities and technical human resources under paragraph (1) of that Article to manufacture or assemble the tower crane (hereinafter referred to as the "manufacturer of tower cranes"). |
| (2) | The Minister of Land, Infrastructure and Transport shall entrust the following to the relevant corporation or organization, as applicable pursuant to Article 38 (2) of the Act: <Amended on Nov. 5, 2007; Feb. 29, 2008; Jan. 14, 2009; May 27, 2010; Mar. 23, 2013; Jul. 28, 2014; Feb. 8, 2019; Mar. 19, 2019; Sep. 17, 2019; Jun. 23, 2020> |
| 1. | Affairs regarding type approval, approval of change to type, receipt of report on type, and receipt of report on change to type under Article 18 of the Act, and affairs regarding confirmation inspections under Article 19 of the Act: The Korea Transportation Safety Authority and inspection agents (applicable only to inspection agent designated and publicly notified by the Minister of Land, Infrastructure and Transport); hereafter the same shall apply in this subparagraph): Provided, That affairs regarding type approval of a tower crane, approval of change to the type thereof, and confirmation inspections shall be entrusted to inspection agent; |
| 1-2. | Affairs regarding precision diagnosis under the proviso of Article 20-3 (2) of the Act: Inspection agents and manufacturers of tower cranes (applicable only to those designated and publicly notified by the Minister of Land, Infrastructure and transport); |
| 2. | Affairs regarding certification of construction machinery parts under 20-4 (1) of the Act: The Korea Transportation Safety Authority; |
| 3. | Affairs regarding the management of careers for construction machinery operators in Article 30-2 of the Act and affairs regarding the installation and operation of a computerized information processing system in Article 39-2 of the Act: The Korea Transportation Safety Authority. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to entrust his or her affairs to inspection agents pursuant to paragraph (2) 1, he or she may have a deliberation committee established under the Ministry of Land, Infrastructure and Transport for deliberation of the fairness and objectiveness of the entrustment. In such cases, matters necessary for the organization and operation of the deliberation committee shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Jan. 16, 2018> |
[This Article Wholly Amended on Jul. 18, 2007]
[Title Amended on Jul. 28, 2014]
[Moved from Article 18-2; previous Article 18-3 moved to Article 18-4 <Feb. 20, 2013>]
| Article 18-4 (Processing of Personally Identifiable Information) |
| (1) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, the head of a Si/Gun/Gu (including a person to whom the relevant authority is delegated or entrusted where the authority is delegated or entrusted), an inspection agent of construction machinery, a construction machinery business entity, or an educational institution for the operation of small construction machinery designated under Article 26 (4) of the Act, or a specialized institute designated under Article 31 (2) of the Act to conduct safety training, etc. for construction machinery operators may manage data including resident registration numbers or alien registration numbers pursuant to Article 19 of the Enforcement Decree of the Personal Information Protection Act if it is essential for conducting the following affairs: <Amended on Feb. 18, 2020> |
| 1. | Registration of construction machinery, and issuance and reissuance of a construction machinery registration certificate under Article 3 of the Act; |
| 4. | Keeping and management of construction machinery register, and issuance and perusal of a certified copy of or an extract from construction machinery register under Article 7 of the Act; |
| 5. | Designation of manufacturers of registration number plates, changes in designation, cancellation of designation, and business suspension under Article 8-2 of the Act; |
| 7. | Designation as an inspection agent, cancellation of designation, and business suspension under Article 14 of the Act; |
| 15. | Construction machinery operator's licenses, designation of an educational institution for the operation of small construction machinery, and education about the operation of small construction machinery under Article 26 of the Act; |
| 16. | Cancellation or suspension of a construction machinery operator's license under Article 28 of the Act; |
| 16-2. | Regular aptitude tests or occasional aptitude tests for construction machinery operators under Article 29 or 30; |
| 18. | Establishment of an organization for construction machinery business entities under Article 32 of the Act; |
| 19. | Computerized processing of construction machinery management business, and approval for using computerized data under Article 39-2 of the Act. |
[This Article Wholly Amended on Mar. 27, 2017]
| Article 18-5 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the standards for administrative dispositions against an inspection agent under Article 10-3 and attached Table 1-3 every three years, counting from January 1, 2023 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. [This Article Newly Inserted on Aug. 2, 2022]
| Article 19 (Criteria for Imposition of Administrative Fines) |
| 3. | An administrative fine under Article 44 (1) 2 and 3 of the Act: The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu; |
| 6. | An administrative fine under Article 44 (2) 6 of the Act: The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor. |
[This Article Wholly Amended on Jun. 25, 2009]
ADDENDA <Presidential Decree No. 14063, Dec. 31, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1994.
Article 2 (Transitional Measures concerning Special Heavy Machinery Rental Business Entities)
Any person who has obtained a license for special heavy machinery rental business under the former provisions as at the time this Decree enters into force, shall be deemed to have reported on a single-type construction machinery rental business under the amended provisions of Article 13 (2). Article 3 (Transitional Measures concerning Registration of Construction Machinery)
Any machinery not classified as non-construction machinery under the former provisions as at the time this Decree enters into force but is newly classified as construction machinery under the amended provisions of attached Table 1, shall be registered under Article 3 of the Act within six months from the date this Decree enters into force, after undergoing a new registration inspection under Article 13 (1) 1 of the Act. Article 4 (Transitional Measures concerning Form-Approval, etc., of Construction Machinery)
Where a person already manufacturing or assembling any machinery newly classified as construction machinery under the amended provisions of attached Table 1, or a person importing any construction machinery prescribed in attached Table 1 as at the time this Decree enters into force, obtains verification of such fact from the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor after submitting documents substantiating it and undergoes new registration inspection of such machinery under Article 13 (1) 1 of the Act within six months from the verification date this Decree enters into force, the relevant construction machinery shall be deemed form-approved under Article 18 of the Act and to have undergone verification inspection. Article 5 (Transitional Measures concerning Construction Machinery Rental Business)
Persons who jointly run construction machinery rental business under Article 13 (3), who are deemed to have reported their construction machinery rental business under Article 6 of the Addenda to the Act, as persons who have obtained license under the former provisions as at the time this Decree enters into force, shall submit documents in Article 13 (3) and (4), by no later than June 30, 1995. <Amended by Presidential Decree No. 14306, Jun. 30, 1994> Article 6 (Transitional Measures concerning other Heavy Machinery)
A concrete boom mixer truck or self-loading concrete mixer truck registered under the former provisions as at the time this Decree enters into force, shall be deemed registered as a concrete mixer truck and a vertical bedrock boring machine as a boring machine under the amended provisions of attached Table 1: Provided, That the owner of a concrete boom mixer truck, self-loading concrete mixer truck, or vertical bedrock boring machine shall report on changes in registered matters under Article 5 of the Act within one year from the date this Decree enters into force. Article 7 Omitted.
ADDENDUM <Presidential Decree No. 14306, Jun. 30, 1994>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 16183, Mar. 12, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Changes in Category of Business) Where a report on general construction machinery rental business or single-type construction machinery rental business has been filed under the former provisions as at the time this Decree enters into force, it shall be deemed that a report on a general construction machinery rental business has been filed under the amended provisions of Article 13 (2). |
ADDENDA <Presidential Decree No. 16552, Sep. 9, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 16872, Jun. 27, 2000>
This Decree shall enter into force on June 29, 2000: Provided, That the amended provisions of Article 18-2 shall enter into force on January 1, 2001.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
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. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20171, Jul. 18, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20176, Jul. 18, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 18-2 (2) 1 shall enter into force on January 1, 2008. Article 2 (Applicability to Report on Changes in Registered Matters of Construction Machinery, etc.)
The amended provisions of Articles 5 (1) and 6 (1) shall begin to apply to the first construction machinery inherited after this Decree enters into force.
ADDENDA <Presidential Decree No. 20361, Nov. 5, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008.
Article 2 (Transitional Measures concerning Registration of Tower Cranes)
An owner of a tower crane specified in the amended provisions of subparagraph 27 of attached Table 1 (hereinafter referred to as "tower crane"), shall register the tower crane within two years from the date this Decree enters into force.
Article 3 (Transitional Measures concerning Reporting on Forms of Tower Cranes and Confirmation Inspection thereof)
Article 4 (Transitional Measures concerning Registration of Construction Machinery Rental Business)
An owner of a tower crane as at the time this Decree enters into force and intends to rent it commercially after this Decree enters into force, shall register his/her construction machinery rental business under Article 13 of this Decree and Article 21 of the Act within two years after this Decree enters into force.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Presidential Decrees promulgated before this Decree enters into force, but the dates on which they enter into force have not yet arrived, among the Presidential Decrees amended pursuant to Article 6 of the Addenda, shall enter into force respectively on the dates such Presidential Decrees enter into force. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21263, Jan. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 21562, Jun. 25, 2009>
This Decree shall enter into force on June 27, 2009.
ADDENDA <Presidential Decree No. 21668, Aug. 5, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
Articles 2 and 3 Omitted.
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.
ADDENDUM <Presidential Decree No. 22172, May 27, 2010>
This Decree shall enter into force on the date of its promulgation: Provided, That the previous main sentence of Article 3 (1), the proviso to Article 3-3 (2) (limited to the amended provisions of "Article 6 (1) 6 through 8 of the Act"), Articles 10, 11, 16, 18-2 (1), 19 and the amended provisions of attached Table 3, shall enter into force on June 30, 2010.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23743, Apr. 20, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24389, Feb. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 23, 2013: Provided, That the amended provisions of Article 12-2 and subparagraph 2 (r) of attached Table 3, shall enter into force on March 17, 2013. Article 2 (Transitional Measures concerning Construction Machinery Sales Agent)
Article 3 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of attached Table 3, the imposition of administrative fines for violations committed before this Decree enters into force, shall be governed by the previous provisions. |
| (2) | Imposition of dispositions for administrative fines on violations committed before this Decree enters into force, shall be excluded from the calculation of the number of violations under the amended provisions of attached Table 3. |
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25524, Jul. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2014: Provided, That the amended provisions of attached Table 2 shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Electric Forklift Trucks with Solid Tires and Tower Cranes with Less than Three Tons of Capacity)
An owner of an electric forklift truck with solid tires, operated on the road (hereinafter referred to as "forklift truck with solid tires") or a tower crane with a rated load capacity of less than three tons (hereinafter referred to as "tower crane with less than three tons of capacity") which is classified as construction machinery under the amended provisions of subparagraphs 4 and 27 of attached Table 1 as at the time this Decree enters into force, shall register it as construction machinery under Article 3 of the Act, within two years from the date this Decree enters into force. Article 3 (Transitional Measures concerning Form-Report, etc., of Electric Forklift Trucks with Solid Tires and Tower Cranes with Less than Three Tons of Capacity)
| (2) | Where an owner of a tower crane with less than three tons of capacity as at the time this Decree enters into force, has obtained safety certification pursuant to Article 34 (2) of the Occupational Safety and Healthy Act, he/she shall be deemed to have filed a form-report or form-alteration report under the proviso to Article 18 (2) and Article 18 (3) of the Act and Article 11 of this Decree and to have obtained a verification inspection under Article 19 (2) of the Act and Article 12 of this Decree. |
Article 4 (Transitional Measures concerning Persons who has Manufactured or Assembled Construction Machinery)
A person who has manufactured or assembled a forklift truck with solid tires or tower crane with less than three tons of capacity before this Decree enters into force, shall be deemed a person who has manufactured or assembled a forklift truck with solid tires or tower crane with less than three tons of capacity under Article 18 (1) of the Act: Provided, That a person who has manufactured or assembled a forklift truck with solid tires or tower crane with less than three tons of capacity, shall be equipped with facilities and technical human resources as prescribed in Article 18 (1) of the Act and submit documents substantiating such fact to the Minister of Land, Infrastructure and Transport within six months from the date this Decree enters into force. Article 5 (Transitional Measures concerning Registration of Construction Machinery Rental Business)
Where an owner of a forklift truck with solid tires or tower crane with less than three tons of capacity as at the time this Decree enters into force, intends to rent the forklift truck or tower crane as a business after this Decree enters into force, he/she shall register his/her construction rental business under Article 21 of the Act and Article 13 of this Decree within two years from the date this Decree enters into force. Article 6 (Transitional Measures concerning Scope of Business of Persons who have Registered their Partial Construction Machinery Maintenance Business)
Notwithstanding the amended provisions of attached Table 2, the scope of business of persons eligible to conduct maintenance of matters falling under the scope of business of general construction machinery maintenance business for construction machinery with tires under the former subparagraph 2 of the remarks of attached Table 2 as at the enforcement date prescribed in the proviso to Article 1 of the Addenda, among persons with registered partial-construction machinery maintenance business, shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 26028, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Gravel-Gathering Machines)
| (1) | A gravel-gathering machine, the form-report of which has been filed under the former provisions as at the time this Decree enters into force, shall be deemed a gravel-gathering machine the form-report of which has been filed under the amended provisions of subparagraph 19 of Article 11. |
| (2) | A gravel-gathering machine registered under the former provisions as at the time this Decree enters into force, shall be deemed registered as a gravel gathering machine under the amended provisions of attached Table 1. |
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 27356, Jul. 19, 2016>
This Decree shall enter into force on July 20, 2016: Provided, That the amended provisions of subparagraph 2 (c) and (d) of attached Table 3 shall enter into force on August 12, 2016.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted)
ADDENDA <Presidential Decree No. 28138, Jun. 20, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 21, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28585, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018: Provided, That the amended provisions of Articles 5 and 8 shall enter into force on the date of promulgation of this Decree. Article 2 (Transitional Measures concerning Application for Registration of Construction Machinery Dismantling and Recycling Business)
Where an application for registration of construction machinery dismantling and recycling business was submitted pursuant to the previous provisions of Article 15-2 before this Decree enters into force, an application for registration of construction machinery dismantling and recycling business under the amended provisions of Article 15-2 shall be deemed submitted.
ADDENDA <Presidential Decree No. 29096, Aug. 14, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Application for Registration of Construction Machinery)
The amended provisions of Article 3 (1) 1 shall begin to apply to the first application for registration of construction machinery after this Decree enters into force.
ADDENDA <Presidential Decree No. 29518, Feb. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 29630, Mar. 19, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2019: Provided, That the amended provisions of subparagraph 2 (x) of attached Table 3 shall enter into force on September 19, 2019.
Article 2 (Applicability to Deadline for Reporting Alterations in Registered Matters of Construction Machinery Resulting From Inheritance)
The amended provisions of the main sentence of Article 5 (1) and the main sentence of Article 6 (1) shall apply even in cases where three months have not elapsed from the date of the commencement of inheritance as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 30085, Sep. 17, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 19, 2019.
Article 2 (Applicability to Durability Period of Construction Machinery)
The amended provisions of Article 12-3 shall also apply to construction machinery produced, assembled, or imported before this Decree enters into force.
ADDENDUM <Presidential Decree No. 30424, Feb. 18, 2020>
This Decree shall enter into force on February 21, 2020: Provided, That the amended provisions of Article 18-4 (1) shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30798, Jun. 23, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12-4 shall enter into force one year after the date of promulgation thereof. Article 2 (Applicability to Construction Machinery Parts Subject to Certification)
The amended provisions of Article 12-4 shall apply to construction machinery apparatus or parts manufactured, etc. on and after the enforcement date under the proviso to Article 1 of these Addenda. Article 3 (Transitional Measures concerning Subject to Type Reporting)
| (1) | A person who has reported the type of a tower crane in accordance with relevant former provisions in force at the time this Decree enters into force shall be deemed to have obtained type approval thereof under the main clause of Article 18 (2) of the Act. |
| (2) | Where a person deemed to have obtained type approval under paragraph (1) intends to sell a tower crane in the same type as that for which type approval has been obtained, he or she shall receive a confirmation inspection of construction machinery conducted under Article 19 (1) of the Act: Provided, That where such tower crane has undergone a confirmation inspection under Article 19 (2) before this Decree enters into force, it shall be deemed to have undergone a confirmation inspection under paragraph (1) of that Article. |
Article 4 (Transitional Measures concerning Manufacturers of Tower Cranes)
A manufacturer of a tower crane who has reported the type of the tower crane in accordance with relevant former provisions as at the time this Decree enters into force shall be deemed a manufacturer of a tower crane under the amended provisions of Article 18-3 (1) 2.
ADDENDUM <Presidential Decree No. 31103, Oct. 8, 2020>
This Decree shall enter into force on October 8, 2020.
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. 32848, Aug. 2, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2022.
Article 2 (Applicability to Criteria for Imposition of Administrative Fines)
The imposition of administrative fines for violations committed before this Decree enters into force shall not be included in calculating the number of violations under the amended provisions of attached Table 3.
Article 3 Omitted.