SPECIAL ACT ON UNDERGROUND SAFETY MANAGEMENT
Act No. 13749, Jan. 7, 2016
Amended by Act No. 14545, Jan. 17, 2017
Act No. 16414, Apr. 30, 2019
Act No. 17453, jun. 9, 2020
Act No. 17447, jun. 9, 2020
Act No. 17456, jun. 9, 2020
Act No. 18350, Jul. 27, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prevent harm due to ground subsidence and to ensure public safety by establishing a safety management system to develop and use underground in a safe manner.
The terms used in this Act are defined as follows: <Amended on Jul. 27, 2021>
| 1. | The term "underground" means the regions beneath the surface of the earth intended for development, use, and management; |
| 2. | The term "ground subsidence" means a phenomenon where the surrounding ground subsides during underground development or the use and management of an underground structure; |
| 3. | The term "underground development" means an act, such as excavation, land reclamation, or water pumping, that transforms the shape of the ground; |
| 4. | The term "underground structure" means a structure built to develop and use underground, which is prescribed by Presidential Decree, such as water supply systems, sewage systems, electric power systems, telecommunications systems, gas supply systems, utility tunnels, underground motorways, and subways; |
| 5. | The term "underground safety assessment" means the formulation of a plan to prevent or reduce ground subsidence by examining, forecasting, and assessing the impact of a project that has a bearing on underground safety on underground safety in advance when a government agency grants permission, authorization, approval or a license to, makes a decision on, or accepts an action plan, implementation plan, etc. of the relevant project (hereinafter referred to as "approval, etc."); |
| 6. | The term "small-scale underground safety assessment" means underground safety assessment conducted of a small-scale project that does not fall under projects subject to underground safety assessment; |
| 7. | The term "underground developer" means a person who executes a project subject to underground safety assessment or small-scale underground safety assessment in order to develop, use, and manage underground in a safe manner; |
| 8. | The term "underground structure manager" means a person prescribed as the manager of an underground structure pursuant to the relevant statutes or the owner of the relevant underground structure. In such cases, a person who is held responsible for managing the underground structure in accordance with a management contract, etc. with the owner of the relevant underground structure shall be deemed an underground structure manager; |
| 9. | The term "head of an agency that grants approval" means the head of an agency that grants approval, etc. of projects subject to underground safety assessment or small-scale underground safety assessment; |
| 10. | The term "ground subsidence risk assessment" means that a person who has experience and technology conducts inspections using survey equipment, etc. in order to analyze structural and geographical conditions in relation to ground subsidence, risk factors of ground subsidence and the amount of damage estimated, the history of the occurrence of ground subsidence, etc., and analyzes and forecasts the level of risk quantitatively and qualitatively; |
| 12. | The term "integrated map of underground spaces" means a map that has integrated underground information necessary to develop, use, and manage the underground; |
| Article 3 (Responsibilities of the State and Other Entities) |
| (1) | The State and local governments shall formulate and implement comprehensive policies concerning the prevention of ground subsidence and the underground safety management in order to protect the lives, bodies, and property of the people. |
| (2) | Underground developers and underground structure managers shall take necessary measures in order to prevent ground subsidence due to underground development and the use of underground structures, and to ensure the underground safety. |
| (3) | People shall actively cooperate in activities conducted by the State and local governments for the prevention of ground subsidence and the underground safety management, and endeavor lest ground subsidence should occur from underground structures they own or use. |
| Article 4 (Scope of Application) |
| Article 5 (Relationship to Other Statutes) |
This Act shall apply to safety management necessary to develop and use underground in preference to other Acts.
CHAPTER II FORMULATION OF MASTER PLAN FOR UNDERGROUND SAFETY MANAGEMENT
| Article 6 (Formulation of Master Plan for National Underground Safety Management) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and implement a master plan for national underground safety management (hereinafter referred to as "master plan") every five years in order to prevent ground subsidence. |
| (2) | A master plan shall include the following: |
| 1. | Matters concerning basic objectives and directions for the implementation of mid-term and long-term policies for underground safety management; |
| 2. | Matters concerning improvements in statutes and systems concerning underground safety management; |
| 3. | Matters concerning education and public relations in order to prevent accidents due to ground subsidence; |
| 4. | Matters concerning research and development of policies, technologies, etc. for underground safety management; |
| 5. | Matters concerning the construction and operation of an information system concerning underground safety; |
| 6. | Other matters prescribed by Presidential Decree for underground safety management. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to formulate or change a master plan, he or she shall consult with the heads of relevant central administrative agencies in advance: Provided, That where he or she intends to change insignificant matters prescribed by Presidential Decree, he or she may skip the consultation procedure. |
| (4) | Where the Minister of Land, Infrastructure and Transport formulates or changes a master plan, he or she shall notify the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-governing City Mayor, Do Governors, and the Special Self-governing Province Governor (hereinafter referred to as "Mayor/Do Governor") of the formulation of or change to the master plan, and make a public announcement of the formulation of or change to said plan (including the publication thereof on the Internet). |
| (5) | The heads of relevant central administrative agencies shall formulate an action plan for each year (hereinafter referred to as "action plan") in accordance with a master plan, notify the Minister of Land, Infrastructure and Transport and the Mayors/Do Governors of the action plan, and implement the action plan. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the formulation of, change to, etc. of a master plan and an action plan shall be prescribed by Presidential Decree. |
| Article 7 (Formulation of City/Do Underground Safety Management Plan) |
| (1) | Each Mayor/Do Governor shall formulate a plan concerning underground safety management (hereinafter referred to as "City/Do management plan") in accordance with a master plan and an action plan in order to prevent ground subsidence in areas under his or her jurisdiction. In such cases, where a City/Do underground safety committee under Article 12 (1) has been established, he or she shall formulate a City/Do management plan (including cases where he or she changes a City/Do management plan) following deliberation by the relevant committee. |
| (2) | Where the Mayor/Do Governor formulates or changes a City/Do management plan, he or she shall notify the Minister of Land, Infrastructure and Transport and the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply) under his or her jurisdiction of the City/Do management plan formulated or changed. |
| Article 8 (Formulation of Si/Gun/Gu Underground Safety Management Plan) |
| (1) | The head of a Si/Gun/Gu shall formulate a plan concerning underground safety management (hereinafter referred to as "Si/Gun/Gu management plan") in accordance with a City/Do management plan in order to prevent ground subsidence in areas under his or her jurisdiction. In such cases, where a Si/Gun/Gu underground safety committee under Article 12 (1) has been established, he or she shall formulate a Si/Gun/Gu management plan (including cases where he or she changes a Si/Gun/Gu management plan) following deliberation by the relevant committee. |
| (2) | Where the head of a Si/Gun/Gu formulates a Si/Gun/Gu management plan, he or she shall consider the details of a safety management plan for construction work, and the regulations governing safety inspection and maintenance and management of underground structures and the surrounding ground under Article 10 (1) and (2). |
| (3) | Where the head of a Si/Gun/Gu formulates or changes a Si/Gun/Gu management plan, he or she shall notify the Mayor/Do Governor, underground developers, and underground structure managers of the Si/Gun/Gu management plan formulated or changed. |
| Article 9 (Requests for Submission of Data) |
Where it is necessary to formulate or change a master plan, City/Do management plan, or Si/Gun/Gu management plan, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu may request the heads of relevant administrative agencies and the heads of public institutions under Article 4 of the Act on the Management of Public Institutions to submit relevant data or provide cooperation. In such cases, a person requested to submit relevant data or provide cooperation shall comply with the request unless there is good cause.
| Article 10 (Safety Management of Underground Developers and Underground Structure Managers) |
| (1) | An underground developer shall ensure that a constructor and a registered housing constructor under the Construction Technology Promotion Act incorporate the following matters in a safety management plan for construction works under Article 62 of that Act (hereinafter referred to as “construction safety management plan”). In such cases, the underground developer shall submit the construction safety management plan to the head of a Si/Gun/Gu having jurisdiction over underground development before he or she approves it: <Amended on Apr. 30, 2019; Jul. 27, 2021> |
| 1. | Underground safety assessment or small-scale underground safety assessment; |
| 2. | Details of consultations under Articles 16 through 18 (including cases where that Articles apply mutatis mutandis pursuant to Article 23 (3)). |
| (2) | An underground structure manager shall prescribe the regulations governing safety inspection and maintenance and management of an underground structure and the surrounding ground (hereinafter referred to as "safety management regulations") in order to prevent ground subsidence due to the poor management of such underground structure under his or her jurisdiction, and submit the safety management regulations to the head of a Si/Gun/Gu having jurisdiction over the underground structure. The same shall also apply where he or she changes the safety management regulations. |
| (3) | Where the head of a Si/Gun/Gu deems it necessary to prevent ground subsidence, he or she may order a construction contractor and business entity who has obtained the registration of housing construction, or underground a structure manager to change the construction safety management plan or the safety management regulations. In such cases, a person ordered to make the change shall comply with his or her order unless there is good cause. |
| (4) | The head of a Si/Gun/Gu shall confirm whether a construction business entity and a business entity who has obtained the registration of housing construction under paragraph (1) or an underground structure manager observes the safety management plan and the safety management regulations, respectively, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 30, 2019> |
| (5) | Necessary matters concerning the time when a construction contractor and business entity who has obtained the registration of housing construction should submit the construction safety management plan, procedures and methods of enacting the safety management regulations, the time when an underground structure manager should submit the safety management regulations, etc. shall be prescribed by Presidential Decree. |
| Article 11 (Seeking Advice on Underground Safety Management) |
The Minister of Land, Infrastructure and Transport may establish an advisory board which is composed of related institutions, organizations, experts, etc. in order to provide advice on the following matters concerning underground safety management, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:
| 1. | Matters pertaining to the establishment and amendments of a basic plan; |
| 2. | Matters concerning improvements in statutes and systems concerning underground safety management; |
| 3. | Matters concerning research and development of underground safety technologies and standards; |
| 4. | Other matters entrusted by the Minister of Land, Infrastructure and Transport, which are matters concerning underground safety management. |
| Article 12 (Local Underground Safety Committee) |
| (1) | A Special Metropolitan City, Metropolitan City, Special Self-governing City, Do, or Special Self-governing Province (hereinafter referred to as "City/Do") may establish a City/Do underground safety committee and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) may establish a Si/Gun/Gu underground safety committee respectively in order to deliberate on the underground safety management plan, etc. of a local government. |
| (2) | Matters necessary for the composition, operation, etc. of a local underground safety committee shall be prescribed by ordinance of the relevant local government in accordance with standards prescribed by Presidential Decree. |
| Article 13 (Research and Development Projects concerning Technologies and Standards concerning Underground Safety) |
| (1) | The Minister of Land, Infrastructure and Transport may execute a research and development project concerning technologies and standards concerning underground safety by entering into an agreement with an institution or organization prescribed by Presidential Decree. |
| (2) | Expenses incurred in executing a research and development project under paragraph (1) shall be covered by contributions made by the Government or persons other than the Government, or other expenses for technology development of enterprises. |
| (3) | Necessary matters concerning the method of entering into an agreement under paragraph (1) and the payment, use, and management of contributions, etc. under paragraph (2) shall be prescribed by Presidential Decree. |
CHAPTER III SAFETY MANAGEMENT OF UNDERGROUND DEVELOPMENT
SECTION 1 Underground Safety Assessment and Emergency Safety Measures
| Article 14 (Implementation of Underground Safety Assessment) |
| (1) | An underground developer who intends to execute a project that requires underground excavation work (hereinafter referred to as "project subject to underground safety assessment") of a size larger than that prescribed by Presidential Decree from among projects falling under any of the following shall conduct an underground safety assessment: <Amended on Jul. 27, 2021> work of the size larger than |
| 1. | Urban development projects; |
| 2. | Industrial site and industrial complex development projects; |
| 3. | Energy development projects; |
| 4. | Harbor construction projects; |
| 5. | Road construction projects; |
| 6. | Water resources development projects; |
| 7. | Railroad (including an urban railroad) construction projects; |
| 8. | Airport construction projects; |
| 9. | Projects for the use and development of rivers; |
| 10. | Tourist complex development projects; |
| 11. | Specific area development projects; |
| 12. | Sports facility construction projects; |
| 13. | Waste disposal facility construction projects; |
| 14. | National defense and military installations construction projects; |
| 15. | Soil, stone, sand, gravel, etc. extraction projects; |
| 16. | Projects for construction of facilities prescribed by Presidential Decree, which have impacts on underground safety. |
| (2) | Matters necessary for the specific kinds, scope, etc. of projects subject to underground safety assessment, the items and methods of underground safety assessment, qualifications of persons who may conduct an underground safety assessment, and the like shall be prescribed by Presidential Decree. <Amended on Jul. 27, 2021> |
[Title Amended on Jul. 27, 2021]
| Article 15 (Preparation of Underground Safety Assessment Reports and Requests for Consultation) |
| (1) | Where an underground developer who should obtain approval, etc. makes a request for approval, etc. of a project subject to underground safety assessment, he or she shall submit an underground safety assessment report (hereinafter referred to as "underground safety assessment report"), along with necessary data such as a project plan to the head of an agency that grants approval, and the head of the agency that grants approval shall request the Minister of Land, Infrastructure and Transport to hold consultations before he or she grants approval, etc. <Amended on Jul. 27, 2021> |
| (2) | An underground developer who does not have to obtain approval, etc. (referring to a case where an underground developer is the head of an agency that grants approval; hereinafter the same shall apply) shall request the Minister of Land, Infrastructure and Transport to hold consultations with necessary data, such as an underground safety assessment report and a project plan attached, before he or she finalize an action plan, implementation plan, etc. of a project subject to underground safety assessment (hereinafter referred to as "project plan, etc."). <Amended on Jul. 27, 2021> |
| (3) | Matters necessary for the methods of preparing and submitting an underground safety assessment report, timing for requesting consultation under paragraphs (1) and (2), and the like shall be prescribed by Presidential Decree. <Amended on Jul. 27, 2021> |
[Title Amended on Jul. 27, 2021]
| Article 16 (Examination of Underground Safety Assessment Reports and Notification) |
| (1) | Where the Minister of Land, Infrastructure and Transport is requested to hold consultations pursuant to Article 15 (1) and (2), he or she shall examine an underground safety assessment report. <Amended on Jul. 27, 2021> |
| (2) | The Minister of Land, Infrastructure and Transport may request an underground developer or the head of an agency that grants approval to submit relevant data when he or she examines an underground safety assessment report pursuant to paragraph (1), and may entrust the following persons with the examination of an underground safety assessment report and an on-site inspection if necessary: <Amended on Jan. 17, 2017; Jun. 9, 2020; Jul. 27, 2021> |
| 1. | The Korea Authority of Land and Infrastructure Safety under the Act on the Korea Authority of Land and Infrastructure Safety; |
| 4. | Other institutions prescribed by Presidential Decree. |
| (3) | Where there are reasons prescribed by Presidential Decree, such as cases where an underground safety assessment report has not been prepared in accordance with the method of preparation under Article 15 (3), as a result of the examination of such underground safety assessment report pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport may request the head of an agency that grants approval or an underground developer who is not required to obtain approval, etc. (hereinafter referred to as "head of an agency that grants approval, etc.") to supplement or adjust the underground safety assessment report, project plan, etc., or request the head of an agency that grants approval to require an underground developer to supplement or adjust the underground safety assessment report, project plan, etc. In such cases, the head of an agency that grants approval, etc. shall comply with such request unless there is good cause. <Amended on Jul. 27, 2021> |
| (4) | The Minister of Land, Infrastructure and Transport shall notify the head of an agency that grants approval, etc. of the details of consultations within the period prescribed by Presidential Decree from the date he or she is requested to hold consultations pursuant to Article 15 (1) or (2). |
| (5) | The head of an agency that grants approval, etc. notified of the details of consultations pursuant to paragraph (4) shall notify, without delay, the underground developer of the details thereof. |
| (6) | Matters necessary for the standards and methods for examining an underground safety assessment report under paragraph (1) and the supplementation and adjustment of an underground safety assessment report, etc. under paragraph (3) shall be prescribed by Presidential Decree. <Amended on Jul. 27, 2021> |
[Title Amended on Jul. 27, 2021]
| Article 17 (Reflection of Details of Consultations) |
| (1) | Where an underground developer or the head of an agency that grants approval is notified of the details of consultations pursuant to Article 16 (4) or (5), he or she shall take measures necessary to incorporate the details thereof in the relevant project plan, etc. |
| (2) | Where the head of an agency that grants approval intends to grant approval, etc. of a project plan, etc., he or she shall confirm whether the details of consultations are reflected in the project plan, etc. In such cases, where the details of consultations are not reflected in the project plan, etc., he or she shall require an underground developer to incorporate the details thereof in the project plan, etc. |
| (3) | Where the head of an agency that grants approval, etc. grants approval, etc. of a project plan, etc. or finalizes a project plan, etc., he or she shall notify the Minister of Land, Infrastructure and Transport of the results of the details of consultations reflected in the project plan, etc. |
| (4) | Where the details of consultations are not reflected in the results of which the Minister of Land, Infrastructure and Transport is notified pursuant to paragraph (3), he or she may request the head of an agency that grants approval, etc. to incorporate the details of consultations in the project plan, etc. In such cases, the head of an agency that grants approval, etc. shall comply with his or her request unless there is good cause. |
| Article 18 (Adjustment of Details of Consultations and Change to Project Plan or Re-consultation) |
| (1) | Where an underground developer or the head of an agency that grants approval has an objection to the details of consultations notified pursuant to Article 16 (4) or (5), he or she may request the Minister of Land, Infrastructure and Transport to adjust the details of consultations. In such cases, an underground developer who should obtain approval, etc. shall request the Minister of Land, Infrastructure and Transport to adjust the details of consultations via the head of an agency that grants approval. |
| (2) | Where an underground developer changes a project plan, etc. on which the head of an agency that grants approval has held consultations with the Minister of Land, Infrastructure and Transport pursuant to Articles 15 and 16, he or she shall formulate a plan to ensure underground safety based on the change to the project plan, etc. and incorporate the plan to ensure underground safety in the project plan, etc. he or she changes. |
| (3) | An underground developer who should obtain approval, etc. shall have a plan to ensure underground safety under paragraph (2) examined by the head of an agency that grants approval in advance: Provided, That the same shall not apply to minor changes prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Where a change to a project plan, etc. falls under matters prescribed by Presidential Decree as those that may affect underground safety, in which case the head of an agency that grants approval, etc. formulates or examines a plan to ensure underground safety pursuant to paragraphs (2) and (3), he or she shall request the Minister of Land, Infrastructure and Transport to hold re-consultations. |
| (5) | Necessary matters concerning the adjustment of the details of consultations, change of and re-consultation on a project plan, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
| (6) | Article 17 (2) through (4) shall apply mutatis mutandis to confirmation as to and notification of whether a plan to ensure underground safety under paragraph (2) is reflected in a project plan, etc. |
| Article 19 (Prohibition of Construction in Advance) |
| (1) | An underground developer shall not perform the construction of a project subject to underground safety assessment before procedures, such as consultations, etc. under Article 15 through 18, are completed: Provided, That the same shall not apply to construction not included in construction for which a project plan is subject to change under Article 18 (2) and subject to re-consultation under paragraph (4) of that Article, which is a project approved through consultations under Articles 15 through 18. <Amended on Jul. 27, 2021> |
| (2) | The head of an agency that grants approval shall not grant approval, etc. of a project plan, etc. before procedures, such as consultations under Articles 15 through 18, are completed. |
| (3) | Where an underground developer who should obtain approval, etc. performs construction in violation of paragraph (1), the head of an agency shall order the suspension of the relevant project, in whole or in part. |
| (4) | Where an underground developer performs construction in violation of paragraph (1), the Minister of Land, Infrastructure and Transport may require an underground developer who does not have to obtain approval, etc. to suspend construction or to take other measures, or request the head of an agency that grants approval to require an underground developer to suspend construction or take necessary measures. In such cases, the head of an agency that grants approval, etc. shall comply with his or her request unless there is good cause. |
| Article 19-2 (Special Cases concerning Approval for Projects for Constructing Building) |
| (1) | Notwithstanding Article 19 (2), the head of an agency that grants approval may grant building permission under Article 11 of the Building Act or accept a notification of building construction under Article 14 of that Act, with respect to projects for constructing a building under Article 14 (1) 15-2, before procedures for consultations, etc. under Articles 15 through 18 are completed. |
| (2) | The head of an agency that grants approval who has granted building permission or accepted a notification of building construction pursuant to paragraph (1) shall complete procedures for consultation, etc. under Articles 15 through 18 before a report on the commencement of construction works is accepted pursuant to Article 21 of the Building Act, and shall not accept the report on the commencement of construction works before such procedures are completed. |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 20 (Underground Safety Inspection after Commencement) |
| (1) | An underground developer (referring to a business entity who intends to execute a project subject to underground safety assessment; hereafter in this Article the same shall apply) shall inspect the impact of a project on underground safety after commencing the construction of the relevant project subject to underground safety assessment (hereinafter referred to as “underground safety inspection after commencement”), and shall take necessary measures without delay where it is necessary for him or her to take measures for underground safety as a result of the inspection thereof. <Amended on Jul. 27, 2021> |
| (2) | An underground developer shall notify the Minister of Land, Infrastructure and Transport and the head of an agency that grants approval of a report on underground safety inspection after commencement (hereinafter referred to as "report on underground safety inspection after commencement"), the fact that it is necessary to take measures for underground safety, and the details of measures taken. <Amended on Jul. 27, 2021> |
| (3) | The Minister of Land, Infrastructure and Transport and the head of an agency that grants approval shall examine the details notified pursuant to paragraph (2), and entrust persons under the subparagraphs of Article 16 (2) with an examination and on-site inspection. |
| (4) | Matters necessary for items to be inspected and the period of underground safety inspection after commencement, qualifications of persons who may conduct an underground safety inspection after commencement, methods of preparing a report on underground safety inspection after commencement, and methods of notification under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Jul. 27, 2021> |
[Title Amended on Jul. 27, 2021]
| Article 21 (Implementation, Management and Supervision of Details of Consultations) |
| (1) | An urban developer shall implement the details of consultations reflected in a project plan, etc. when he or she implements a project plan, etc. |
| (2) | The head of an agency that grants approval shall confirm whether an underground developer who should obtain approval, etc. has implemented the details of consultations, and where the underground developer who should obtain approval, etc. has failed to implement the details of consultations, he or she shall order the underground developer who should obtain approval, etc. to take measures necessary to implement the details of consultations. |
| (3) | Where the head of an agency that grants approval judges that a project has a significant impact on underground safety because an underground developer who should obtain approval, etc. has failed to comply with his or her order to take measures under paragraph (2), he or she shall order the underground developer to suspend the construction of the project, in whole or in part. |
| (4) | Where the Minister of Land, Infrastructure and Transport deems it necessary to manage the implementation of the details of consultations, he or she may order an urban developer who does not have to obtain approval to suspend construction or to take other necessary measures, or request the head of an agency that grants approval to order the suspension of construction or other necessary measures. In such cases, the head of an agency that grants approval, etc. shall comply with his or her request unless there is good cause. |
| (5) | The Minister of Land, Infrastructure and Transport or the head of an agency that grants approval may require an underground developer to submit data related to the implementation of the details of consultations or a public official under his or her jurisdiction to have access to the place of business and to conduct an inspection. In such cases, Article 30 (2) and (3) shall apply mutatis mutandis to the inspection. |
| Article 22 (Reassessment) |
| (1) | Where it is difficult to formulate a plan to ensure underground safety based on measures under 20 (1) or an order to take measures under Article 21, in which case the construction of a project has a serious impact on the surrounding underground safety because conditions not forecasted at the time of consultation on underground safety assessment took place after an underground developer commenced the construction of the relevant project, the Minister of Land, Infrastructure and Transport may request persons under the subparagraphs of Article 16 (2) to conduct a reassessment in consultation with the head of an agency that grants approval. <Amended on Jul. 27, 2021> |
| (2) | A person who receives a request under paragraph (1) shall conduct a reassessment of the relevant project plan, etc. and notify the Minister of Land, Infrastructure and Transport and the head of an agency that grants approval, etc. of the results of the reassessment thereof within the period prescribed by Presidential Decree. |
| (3) | Where the Minister of Land, Infrastructure and Transport or the head of an agency that grants approval, etc. is notified of the results of reassessment pursuant to paragraph (2), he or she may require an underground developer to take necessary measures or request the head of another administrative agency, etc. to order necessary measures to ensure underground safety in accordance with the results of reassessment. |
| Article 22-2 (Emergency Safety Measures for Prevention of Ground Subsidence Accidents due to Underground Development Projects) |
| (1) | Where ground subsidence has occurred or is likely to occur due to an underground development project, the Minister of Land, Infrastructure and Transport or the head of an agency that grants approval may order an underground developer to take safety measures, such as repair and reinforcement of the surrounding ground, as prescribed by Presidential Decree. |
| (2) | An underground developer, upon receipt of an order to take safety measures under paragraph (1), shall comply with such order and inform the Minister of Land, Infrastructure and Transport (referring to the head of an agency that grants approval, where such order to take safety measures has been issued from the head of the agency that grants approval) of the results thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where an underground developer fails to comply with an order to take safety measures under paragraph (1), the Minister of Land, Infrastructure and Transport or the head of an agency that grants approval may order the suspension of the relevant project, in whole or in part. |
[This Article Newly Inserted on Jul. 27, 2021]
SECTION 2 Small-Scale Underground Safety Assessment
| Article 23 (Implementation of Small-Scale Underground Safety Assessment) |
| (1) | An underground developer who intends to execute a small-scale project prescribed by Presidential Decree, which does not fall under projects subject to underground safety assessment (hereinafter referred to as "small-scale project subject to underground safety assessment"), shall conduct a small-scale underground safety assessment and prepare a small-scale underground safety assessment report (hereinafter referred to as "small-scale underground safety assessment report"): Provided, That the same shall not apply to the construction of an underground structure which the Minister of Land, Infrastructure and Transport deems to fall under cases prescribed by Presidential Decree, such as cases where emergency restoration due to an act of God or accident is required (hereinafter referred to as "emergency restoration work"). <Amended on Jul. 27, 2021> |
| (2) | Matters necessary for items subject to, and methods of, small-scale underground safety assessment, qualifications of persons who may conduct a small-scale underground safety assessment, the method of preparing a small-scale underground safety assessment report, etc. shall be prescribed by Presidential Decree. <Amended on Jul. 27, 2021> |
| (3) | Articles 15 through 19, 19-2, 20 through 22, and 22-2 shall apply mutatis mutandis to small-scale underground safety assessment. In such cases, "underground safety assessment" shall be construed as "small-scale underground safety assessment", and "underground safety assessment report" as "small-scale underground safety assessment report." <Amended on Jul. 27, 2021> |
[Title Amended on Jul. 27, 2021]
CHAPTER IV IMPLEMENTATION OF UNDERGROUND SAFETY ASSESSMENT ON BEHALF OF OTHERS
| Article 24 (Implementation of Underground Safety Assessment on Behalf of Others) |
| (1) | An underground developer or an underground structure manager who intends to conduct an underground safety assessment, underground safety inspection after commencement, small-scale underground safety assessment, and ground subsidence risk assessment under Article 35 (1) (hereinafter referred to as "underground safety assessment, etc.") may require a person who has obtained the registration of an institution specializing in underground safety assessment (hereinafter referred to as "institution specializing in underground safety assessment") pursuant to Article 25 (1) to conduct an underground safety assessment, etc. on his or her behalf. <Amended on Jul. 27, 2021> |
| (2) | An underground developer or an underground structure manager who intends to conduct an underground safety assessment, etc. shall observe the following rules: <Amended on Jul. 27, 2021> |
| 1. | He or she shall not prepare an underground safety assessment report, etc. by reproducing the content of another underground safety assessment report, report on underground safety inspection after commencement, small-scale underground safety assessment report, and ground subsidence risk assessment report under Article 35 (1) (hereinafter referred to as "underground safety assessment report, etc."); |
| 2. | He or she shall not prepare a false or poor underground safety assessment report, etc. and data forming the basis for the preparation thereof; |
| 3. | He or she shall preserve an underground safety assessment report, etc. and data forming the basis for the preparation thereof for the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 4. | Where he or she enters into a contract for underground safety assessment, etc. with an institution specializing in underground safety assessment, he or she shall enter into such contract separate from a contract related to the formulation and implementation of a plan or project subject to the relevant underground safety assessment, etc.; |
| 5. | Where he or she enters into a contract for underground safety inspection after commencement with an institution specializing in underground safety assessment, he or she shall enter into such contract separate from a contract related to the formulation and implementation of a plan or project subject to the relevant underground safety assessment, etc. |
| (3) | Specific criteria for false or poor preparation under paragraph (2) 2 shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[Title Amended on Jul. 27, 2021]
| Article 25 (Registration of Institutions Specializing in Underground Safety Assessment) |
| (1) | A person who intends to conduct underground safety assessment, etc. pursuant to Article 24 (1) on behalf of others pursuant to Article 24 (1) shall meet standards for registration prescribed by Presidential Decree in terms of technical workforce, equipment, etc. and file for the registration of an institution specializing in underground safety assessment with the Mayor/Do Governor. <Amended on Jul. 27, 2021> |
| (2) | Where the Mayor/Do Governor accepts the registration of an institution specializing in underground safety assessment pursuant to paragraph (1), he or she shall notify the Minister of Land, Infrastructure and Transport of the registration thereof, and issue a certificate of registration. <Amended on Jul. 27, 2021> |
| (3) | Where any registered item prescribed by Presidential Decree is changed, a person who has received a certificate of registration pursuant to paragraph (2) shall file a report on the change of the registered item with the Mayor/Do Governor within 30 days from the date the registered item is changed. |
| (4) | Where an institution specializing in underground safety assessment loses a certificate of registration it has received pursuant to paragraph (2) or such certificate of registration becomes unusable, it may be reissued a certificate of registration. <Amended on Jul. 27, 2021> |
| (5) | Where an institution specializing in underground safety assessment intends to suspend its business for at least one year, or resume, or close its business, it shall file a report thereon with the Mayor/Do Governor. <Amended on Jul. 27, 2021> |
| (6) | Where the Mayor/Do Governor receives a report on the closure of business pursuant paragraph (5), he or she shall cancel the registration of thereof. |
| (7) | Matters necessary for procedures for the registration of an institution specializing in underground safety assessment and for the issuance of a certificate of registration, reports on the change of any registered item, and the issuance of a certificate of registration under paragraphs (1) through (4), and reports, etc. under paragraph (5) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jul. 27, 2021> |
[Title Amended on Jul. 27, 2021]
| Article 26 (Grounds for Disqualification) |
No person who falls under any of the following shall file for the registration of an institution specializing in underground safety assessment: <Amended on Jul. 27, 2021>
| 1. | A person who is under adult guardianship or limited guardianship; |
| 2. | A person who was declared bankrupt and not yet reinstated; |
| 3. | A person in whose case two years have not passed from the date the registration of an institution specializing in underground safety assessment was revoked under Article 28: Provided, That the same shall not apply where the registration thereof was revoked under paragraph (1) 6 of that Article; |
| 4. | A person who was sentenced to imprisonment without labor or more severe punishment for violating this Act, and has served the sentence (including cases where he or she is deemed to have served the sentence) or in whose case two years have not passed from the date he or she was released from serving the sentence; |
| 5. | A person who was sentenced to imprisonment without labor or more severe punishment for violating this Act with a stay of execution and the punishment is being suspended; |
| 6. | A corporation, the executive officer of which falls under any of subparagraphs 1 through 5. |
| Article 27 (Matters That Should Be Observed by Institution Specializing in Underground Safety Assessment) |
A person who conducts underground safety assessment, etc. on behalf of others shall observe the following matters: <Amended on Jul. 27, 2021>
| 1. | He or she shall not prepare an underground safety assessment report, etc. by reproducing the content of another underground safety assessment report, etc.; |
| 2. | He or she shall not prepare a false or poor underground safety assessment report, etc. and data forming the basis for the preparation thereof; |
| 3. | He or she shall preserve an underground safety assessment report, etc. and data forming the basis for the preparation thereof for the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 4. | He or she shall not subcontract affairs relating to underground safety assessment, etc. for which he or she was awarded a contract without the consent of the underground developer or underground structure manager; |
| 5. | He or she shall not lend a certificate of registration or his or her name to others. |
[Title Amended on Jul. 27, 2021]
| Article 28 (Revocation of Registration) |
| (1) | Where an institution specializing in underground safety assessment falls under any of the following, the Mayor/Do Governor may revoke the registration thereof or order it to suspend its business within a specified period not exceeding one year: Provided, That where it falls under subparagraphs 1 through 3, or 6, the Mayor/Do Governor shall revoke the registration thereof: <Amended on Jul. 27, 2021> |
| 1. | Where it obtains registration by fraud or other improper means; |
| 2. | Where it enters into a new contract for underground safety assessment, etc. on behalf of others during the period of suspension of business; |
| 3. | Where it performs an act falling under the suspension of business again though it has been subject to the suspension of business twice within the last two years; |
| 4. | Where it fails to conduct an underground safety assessment, etc. on behalf of others within two years after registration; |
| 5. | Where it fails to meet standards for registration under Article 25 (1): Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as cases where it fails to meet standards for registration temporarily; |
| 6. | Where it falls under any of the subparagraphs of Article 26: Provided, That the same shall not apply where a corporation falling under subparagraph 6 of Article 26 appoints an executive officer replacing another within six months; |
| 7. | Where it violates matters that should be observed under the subparagraphs of Article 27; |
| 8. | Where a new reason that falls under an order to take corrective action arises after it has received an order to take corrective action under Article 31 for the last two years; |
| 9. | Where it requires a person ineligible to conduct an underground safety assessment, etc. to conduct an underground safety assessment, etc.; |
| 10. | If another administrative agency requests the Mayor/Do Governor to order suspension of business, etc. pursuant to relevant statutes or regulations. |
| (2) | Detailed standards for administrative measures under paragraph (1) shall be prescribed by Presidential Decree in consideration of a reason for such measure, the level of the violation, etc. |
| Article 29 (Conducting Affairs after Administrative Measures) |
| (1) | An institution specializing in underground safety assessment subject to the revocation of registration or the suspension of business pursuant to Article 28 may continue to conduct the relevant affairs regarding only the contract for underground safety assessment, etc. entered into on behalf of others before such measure is taken. In such cases, the institution specializing in underground safety assessment shall notify, without delay, the underground developer or underground structure manager who has entered into a contract for underground safety assessment, etc. with it of the details of such measure in writing. <Amended on Jul. 27, 2021> |
| (2) | Where an underground developer or underground structure manager receives notification under paragraph (1) or knows the fact that an institution specializing in underground safety assessment has become subject to the revocation of registration or the suspension of business, he or she may cancel the relevant contract within 30 days from the date when he or she receives notification or knows the fact. |
| (3) | A person who continues to conduct affairs pursuant paragraph (1) shall be deemed an institution specializing in underground safety assessment with regard to such affairs until he or she completes such affairs. <Amended on Jul. 27, 2021> |
| (4) | No person who continues to conduct affairs pursuant paragraph (1) shall enter into a new contract for underground safety assessment, etc. other than a contract for underground safety assessment, etc. he or she has entered into with an underground developer or an underground structure manager before such measure is taken. <Amended on Jul. 27, 2021> |
| Article 30 (Reporting and Examination) |
| (1) | Where it is necessary for the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor to understand matters relating to affairs of an institution specializing in underground safety assessment, such as the current status of its implementation of underground safety assessment, etc., he or she may require the institution to file a necessary report or to submit relevant data, and require a public official under his or her jurisdiction to examine relevant documents, etc. <Amended on Jul. 27, 2021> |
| (2) | Where a public official conducts an examination under paragraph (1), he or she shall notify a person subject to examination of his or her examination plan concerning the date and time of the examination, reasons therefor, matters to be examined, etc. no later than seven days prior to the examination: Provided, That the same shall not apply where it is necessary to conduct the examination urgently or he or she deems it difficult to achieve the purpose of the examination due to evidence destruction, etc. where he or she gives prior notification of the examination. |
| (3) | A public official who conducts an examination under paragraph (1) shall carry his or her identify card indicating his or her authority and produce it to the relevant persons. |
| Article 31 (Corrective Orders) |
Where an institution specializing in underground safety assessment fails to conscientiously conduct an underground safety assessment, etc., the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor may require such institution to take corrective action. <Amended on Jul. 27, 2021>
| Article 32 (Performance Management of Institution Specializing in Underground Safety Assessment) |
| (1) | An institution specializing in underground safety assessment shall report the results of conducting underground safety assessment, etc. on behalf of others in the preceding year to the Minister of Land, Infrastructure and Transport by January 31 every year, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jul. 27, 2021> |
| (2) | Where the Minister of Land, Infrastructure and Transport receives a report on the results of conducting underground safety assessment, etc. on behalf of others pursuant to paragraph (1), he or she shall retain and manage records relating to the results thereof, and upon receipt of an application from an institution specializing in underground safety assessment, he or she may issue a written certificate confirming underground safety assessment, etc. on behalf of others. <Amended on Jul. 27, 2021> |
| (3) | The Mayor/Do Governor shall report the current status of administrative measures, such as the suspension of business, taken against an institution specializing in underground safety assessment, to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jul. 27, 2021> |
[Title Amended on Jul. 27, 2021]
| Article 33 (Standards for Calculation of Expenses Incurred in Conducting Underground Safety Assessments on Behalf of Others) |
The Minister of Land, Infrastructure and Transport shall prescribe and publicly notify standards for calculation of expenses incurred in conducting an underground safety assessment, etc. on behalf of others. <Amended on Jul. 27, 2021>
[Title Amended on Jul. 27, 2021]
CHAPTER V SAFETY MANAGEMENT OF UNDERGROUND STRUCTURES AND SURROUNDING GROUND
| Article 34 (Safety Inspection of Underground Facilities and Surrounding Ground) |
| (1) | An underground facility manager shall conduct a regular safety inspection of the underground structure he or she manages and the surrounding ground based on the safety management regulations and notify the head of a Si/Gun/Gu of the results of safety inspection, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | The head of a Si/Gun/Gu shall inspect the actual conditions of the safety management of underground structures and the surrounding ground within areas under his or her jurisdiction at least once a year: Provided, That where he or she deems that ground subsidence is not likely to occur after examining the results of the safety inspection notified pursuant to paragraph (1), he or she may omit an inspection of the actual conditions of the safety management thereof. |
| (3) | Where it is necessary to improve the efficiency of inspection of the actual conditions of safety management under paragraph (2), the head of a Si/Gun/Gu may conduct an on-site inspection jointly with relevant agencies and experts. |
| (4) | Where the head of a Si/Gun/Gu decides that ground subsidence is likely to occur as a result of inspection of the actual conditions of safety inspection under paragraph (2), he or she shall notify the relevant underground structure manager and the owner and occupant of the relevant land of his or her decision of the possibility of ground subsidence so that they may take measures necessary to ensure safety, and may require the relevant underground structure manager to conduct a ground subsidence risk assessment under Article 35 (1). |
| (5) | The head of a relevant central administrative agency may conduct an on-site inspection of underground structures and the surrounding ground under his or her jurisdiction, and the Mayor/Do Governor may conduct an on-site inspection of underground structures and the surrounding ground within areas under his or her jurisdiction in order to understand the current status of safety management. |
| Article 35 (Ground Subsidence Risk Assessment, Designation of Underground Structures Subject to Intensive Control) |
| (1) | Where an underground structure manager falls under any of the following, he or she shall conduct a ground subsidence risk assessment and submit a ground subsidence risk assessment report (hereinafter referred to as "ground subsidence risk assessment report") to the head of a Si/Gun/Gu having jurisdiction over such underground structure: |
| 1. | Where he or she completes urgent restoration work; |
| 2. | Where he or she deems that ground subsidence is likely to occur according to a safety inspection under Article 34 (1); |
| 3. | Where he or she is ordered to conduct a ground subsidence risk assessment under Article 34 (4). |
| (2) | Where the head of a Si/Gun/Gu confirms the risk of ground subsidence according to the examination of a ground subsidence risk assessment report submitted to him or her under paragraph (1), he or she shall designate and publicly notify underground structures and areas subject to intensive control of ground subsidence (hereinafter referred to as "underground structure subject to intensive control"). In such cases, where a Si/Gun/Gu underground safety committee under Article 12 (1) has been established, he or she shall designate (including change) and publicly notify underground structures subject to intensive control following deliberation by the relevant committee. |
| (3) | Where the head of a Si/Gun/Gu deems it necessary to designate and publicly notify an underground structure as an underground structure subject to intensive control under paragraph (2), he or she may require an on-site inspection team which is composed of public officials under his or her jurisdiction, experts related to ground subsidence, etc. to conduct an on-site inspection. |
| (4) | Where the head of a Si/Gun/Gu designates and publicly notifies an underground structure subject to intensive control under paragraph (2), he or she shall notify an underground structure manager, the owner and occupant of the relevant land (hereinafter referred to "relevant persons") of the designation thereof: Provided, That where the domicile or residence of the relevant persons is unclear, an announcement of the designation thereof may take the place of the public notice thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Where the risk of ground subsidence of an underground structure subject to intensive control is eliminated due to the implementation of an improvement project, such as repair or reinforcement, the head of a Si/Gun/Gu shall cancel the designation of the underground structure subject to intensive control and publicly notify the results thereof. In such cases, where a Si/Gun/Gu underground safety committee under Article 12 (1) has been established, he or she shall cancel the designation of the underground structure subject to intensive control and publicly notify the cancellation thereof following deliberation by the relevant committee. <Amended on Jun. 9, 2020> |
| (6) | Necessary matters concerning methods and procedures for ground subsidence risk assessment, qualifications of persons who may conduct ground subsidence risk assessment, methods for preparation of a ground subsidence risk assessment report, etc. shall be prescribed by Presidential Decree, and necessary matters concerning the designation of an underground structure subject to intensive control, and the public notice, change, and cancellation of the designation thereof shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 36 (Installation of Warning Sign) |
| (1) | Where an underground structure is designated and publicly notified as an underground structure subject to intensive control pursuant to Article 35 (2), the relevant underground structure manager shall install a warning sign at the underground structure subject to intensive control. |
| (2) | Detailed matters concerning the size of a warning sign installed at the underground structure subject to intensive control pursuant to paragraph (1), matters to be mentioned on the warning sign, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | No person shall remove or destroy a warning sign without permission of a person who has installed the warning sign pursuant to paragraphs (1) and (2). |
| Article 37 (Securing Safety of Underground Structures Subject to Intensive Control) |
An underground structure manager notified of the designation of an underground structure subject to intensive control pursuant to Article 35 (4) shall take measures necessary to eliminate the risk of ground subsidence, such as restrictions on the use of the underground structure or emergency repairs. <Amended on Jun. 9, 2020>
| Article 38 (Emergency Safety Measures for Prevention of Ground Subsidence Accidents Due to Underground Structure) |
| (1) | Where ground subsidence has occurred or is likely to occur due to an underground structure, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu may order a relevant person to take safety measures, such as restrictions on or prohibition of the use of the relevant underground structure, or repair, reinforcement or removal of the relevant underground structure. <Amended on Jul. 27, 2021> |
| (2) | Where the relevant person ordered to take safety measures under paragraph (1) takes safety measures, he or she shall notify the Minister of Land, Infrastructure and Transport (where the Mayor/Do Governor or the head of a Si/Gun/Gu issues such order to take safety measures, referring to the Mayor/Do Governor or the head of the Si/Gun/Gu) of the results of safety measures taken, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Jul. 27, 2021> |
| (3) | Where a person ordered to take safety measures under paragraph (1) fails to comply with such order, the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the head of a Si/Gun/Gu may take necessary safety measures on his or her behalf. In such cases, the Administrative Vicarious Execution Act shall apply mutatis mutandis. <Amended on Jul. 27, 2021> |
[Title Amended on Jul. 27, 2021]
| Article 39 (Evacuation Orders) |
Where ground subsidence has occurred or is likely to occur at an underground structure subject to intensive control, in which case an evacuation order is necessary to prevent harm to the lives and bodies of people, the head of a Si/Gun/Gu may issue an evacuation order to residents of the relevant area or people in a danger area or take measures, such as mandatory evacuation.
| Article 40 (Formulation of Plan for Improvement of Underground Structures Subject to Intensive Control) |
| (1) | An underground structure manager shall formulate an improvement plan, such as repair and reinforcement, of the underground structure subject to intensive control and submit the improvement plan to the head of a Si/Gun/Gu, as prescribed by Presidential Decree, and the head of a Si/Gun/Gu shall submit the improvement plan to the Minister of Land, Infrastructure and Transport via the Mayor/Do Governor. |
| (2) | Where the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu deems it necessary to modify or supplement an improvement plan submitted to him or her, he or she may require an underground structure manager to modify or supplement the improvement plan, and the underground structure manager required to modify or supplement the improvement plan shall comply with the requirement unless there is good cause. |
| (3) | Where an underground structure manager fails to conscientiously implement an improvement plan under paragraph (1), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu may require him or her to conscientiously implement the improvement plan and to take corrective action. |
| (4) | An underground structure manager who has implemented an improvement plan under paragraph (1) shall notify the head of a Si/Gun/Gu of the results of the implementation thereof in accordance with methods and procedures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and request the head of a Si/Gun/Gu to cancel the designation of the underground structure subject to intensive control. |
| Article 41 (Temporary Use of facilities, such as Land) |
| (1) | Where it is necessary for the head of a Si/Gun/Gu to take emergency measures because an accident due to ground subsidence has occurred or is likely to occur within areas under his or her jurisdiction, he or she may take emergency measures for people at the relevant site or residents in its nearby area, or temporarily use land, buildings, structures and other possessions of others or change or remove obstacles, as prescribed by Presidential Decree. |
CHAPTER VI PRODUCTION OF INTEGRATED MAP OF UNDERGROUND SPACES
| Article 42 (Production of Integrated Maps of Underground Spaces and Designation and Operation of Dedicated Organizations) |
| (1) | The Minister of Land, Infrastructure and Transport shall produce an integrated map of underground spaces that integrates underground information, as prescribed by Presidential Decree, so that the integrated map of underground spaces may be utilized for underground development, use and management. |
| (2) | Where any change is made to underground information related to an underground structure, etc. which an underground developer or underground structure manager manages, he or she shall submit the updated information to the head of an agency that manages underground information, as prescribed by Presidential Decree. |
| (3) | The head of an agency that manages underground information shall make efforts to build an accurate underground information system, such as the formulation of a plan for improvement of underground information and where underground information has improved, he or she shall submit the relevant underground information to the head of the competent central administrative agency. <Newly Inserted on Jun. 9, 2020> |
| (4) | The head of a central administrative agency shall collect and manage underground information from the head of an agency that manages underground information. <Newly Inserted on Jun. 9, 2020> |
| (5) | The head of a central administrative agency may fully or partially subsidize technologies necessary for projects implemented by the head of a competent agency that manages underground information to improve the accuracy of underground information and funds required for such projects. <Newly Inserted on Jun. 9, 2020> |
| (6) | The Minister of Land, Infrastructure and Transport may designate and operate a dedicated organization to support the production of an integrated map of underground spaces under paragraph (1) and the construction of an underground information system under paragraph (3). <Newly Inserted on Jun. 9, 2020> |
| (7) | Matters necessary for the designation and operation of a dedicated organization under paragraph (6) shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 6, 2020> |
[Title Amended on Jun 9, 2020]
| Article 43 (Construction and Operation of Integrated Underground Information System) |
| (1) | The Minister of Land, Infrastructure and Transport shall construct and operate an integrated underground information system including the following in order to efficiently manage and utilize underground information: |
| 1. | Underground information; |
| 2. | An integrated map of underground spaces; |
| 3. | Other matters prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may request the head of an agency that manages underground information or the head of a relevant central administrative agency to provide necessary data and to improve the accuracy of underground information in order to construct an integrated underground information system under paragraph (1). In such cases, the person requested shall comply with such request unless there is good cause. <Amended on Jun. 9, 2020> |
| (3) | The Minister of Land, Infrastructure and Transport may organize and operate a consultative body consisting of the heads of agencies that manage underground information, the heads of relevant central administrative agencies, etc. in order to efficiently construct and operate an integrated underground information system. In such cases, matters necessary for the organization and operation of the consultative body shall be prescribed by Presidential Decree. <Newly Inserted on Jun. 9, 2020> |
| (4) | Matters necessary for the construction, operation, etc. of an integrated underground information system under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 44 (Support for Utilization of Integrated Underground Information System) |
| (2) | A local government shall endeavor to establish a department and assign adequate public officials in charge of the utilization, etc. of an integrated underground information system under Article 43 (1). |
| (3) | Where an underground developer or an underground structure manager implements an underground development project prescribed by Presidential Decree in an area where an integrated map of underground spaces has been built, he or she shall use the integrated map of underground spaces. <Newly Inserted on Jun. 9, 2020> |
| (4) | Where an underground developer or an underground structure manager requests the Minister of Land, Infrastructure and Transport to provide an integrated map of underground spaces for the utilization thereof under paragraph (3), he or she shall comply with such request in the absence of good cause. <Newly Inserted on Jun. 9, 2020> |
| (5) | Matters necessary for the designation, operation, etc. of the underground information utilization support center under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 9, 2020> |
[Title Amended on Jun. 9, 2020]
| Article 45 (Preparation and Management of Inventory Information on Underground Information) |
| (1) | The head of an agency that manages underground information shall prepare and manage inventory information concerning underground information possessed by the relevant agency. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 46 (Accident Investigations) |
| (1) | Where an accident due to ground subsidence occurs in relation to a project which an underground developer executes or an underground structure which an underground structure manager manages, he or she shall take emergency safety measures without delay, and where an accident larger than the size prescribed by Presidential Decree occurs, he or she shall notify the head of a local government having jurisdiction over the relevant project or underground structure of the occurrence of such accident. |
| (2) | The head of a local government notified of the occurrence of an accident pursuant to paragraph (1) shall notify the Minister of Land, Infrastructure and Transport of the occurrence thereof. |
| (3) | Where it is necessary for the Minister of Land, Infrastructure and Transport to investigate the details, cause, etc. of an accident that has caused damage more severe than the amount prescribed by Presidential Decree, he or she may organize and operate the central underground accident investigation committee. |
| (4) | Where it is necessary for the head of a local government to investigate the details, cause, etc. of an accident that has occurred within an area under his or her jurisdiction, he or she may organize and operate an underground accident investigation committee. |
| (5) | An underground developer or underground structure manager shall actively cooperate in the preservation of the scene of an accident, the submission of data, the provision of relevant equipment, the hearing of opinions of the relevant persons, etc. necessary for the central underground accident investigation committee under paragraph (3) and an underground accident investigation committee under paragraph (4) to investigate the accident. |
| (6) | Where the head of a local government conducts an investigation of an accident pursuant to paragraph (4), he or she shall notify, without delay, the Minister of Land, Infrastructure and Transport of the results of the investigation thereof. |
| (7) | Matters necessary for the composition and operation of the central underground accident investigation committee under paragraph (3) and an underground accident investigation committee under paragraph (4), investigations of accidents, etc. shall be prescribed by Presidential Decree. |
| Article 47 (Construction and Operation of Underground Safety Information System) |
| (1) | The Minister of Land, Infrastructure and Transport shall construct and operate an underground safety information system including the following in order to utilize such system in formulation, evaluation, study of, research, etc. on policies relating to underground safety management: <Amended on Jul. 27, 2021> |
| 1. | Matters concerning an underground safety management plan under Articles 6 through 8; |
| 2. | Matters concerning an underground safety assessment report, etc.; |
| 3. | Matters concerning the registration of an institution specializing in underground safety assessment, reporting on the change of any registered item, reporting on the suspension of business or resumption of business, the cancellation of registration, the revocation of registration, the suspension of business, the results of underground safety assessments conducted on behalf of others or administrative fines under Article 25, 28, 32, or 56; |
| 4. | Matters concerning safety inspection of underground structures and the surrounding ground under Article 34; |
| 5. | Matters concerning the designation of underground structures subject to intensive control under Article 35 and the securing of the safety thereof under Article 37; |
| 6. | Matters concerning an improvement plan of underground structures subject to intensive control under Article 40; |
| 7. | Matters concerning the current status of and statistics on accidents and damage due to ground subsidence under Article 46; |
| 8. | Other matters prescribed by Ordinance of Ministry of Land, Infrastructure and Transport for underground safety management. |
| (2) | The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies, Mayors/Do Governors, the heads of Sis/Guns/Gus, and institutions specializing in underground safety assessment to submit necessary data in order to construct an underground safety information system under paragraph (1). In such cases, persons requested to submit necessary data shall comply with his or her request unless there is good cause. <Amended on Jun. 9, 2020; Jul. 27, 2021> |
| (3) | Matters necessary for the construction, operation, etc. of an underground safety information system under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 48 (Obligation of Confidentiality) |
No person who conducts or conducted an underground safety assessment, etc., examines or examined an underground safety assessment report, etc., or engages or engaged in the affairs of the central underground accident investigation committee or an underground accident investigation committee under Article 46 shall divulge or make fraudulent use of confidential information he or she has officially obtained: Provided, That the same shall not apply where the Minister of Land, Infrastructure and Transport deems it necessary for underground safety management. <Amended on Jul. 27, 2021>
| Article 49 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to the Mayor/Do Governor or the head of an agency under his or her jurisdiction, as prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu may entrust part of affairs under this Act to a public institution under the Act on the Management of Public Institutions, or to an institution or organization related to underground safety, as prescribed by Presidential Decree. |
| Article 50 (Legal Fiction of Public Officials for Purposes of Penalty Provisions) |
| 1. | A member who is not a public official among members of a local underground safety committee under Article 12; |
| 2. | A person who conducts an underground safety assessment, etc.; |
| 3. | A person who conducts a reassessment under Article 22 (1) (including cases applied mutatis mutandis pursuant to Article 23 (3)); |
| 4. | An executive officer or employee of an underground information utilization support center under Article 44; |
| 5. | A member who is not a public official among members of the central underground accident investigation committee and an underground accident investigation committee under Article 46. |
CHAPTER VIII PENALTY PROVISIONS
| Article 51 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than 10 years: <Amended on Jun. 9, 2020; Jul. 27, 2021> |
| 1. | A person who causes ground subsidence and danger to the general public because he or she has failed to conduct or conscientiously conduct an underground safety assessment under Article 14 (1); |
| 2. | A person who causes ground subsidence and danger to the general public because he or she has performed construction work before procedures for holding consultations, etc. are completed, in violation of Article 19 (1) (including cases applied mutatis mutandis pursuant to Article 23 (3)); |
| 3. | A person who causes ground subsidence and danger to the general public because he or she has failed to comply with an order to suspend construction work under Article 19 (3) (including cases applied mutatis mutandis pursuant to Article 23 (3)); |
| 4. | A person who causes ground subsidence and danger to the general public because he or she has failed to conduct or conscientiously conduct an underground safety inspection after commencement under Article 20 (1) (including cases applied mutatis mutandis pursuant to Article 23 (3)); |
| 5. | A person who causes ground subsidence and danger to the general public because he or she has failed to comply with an order to take measures under Article 21 (2) (including cases applied mutatis mutandis pursuant to Article 23 (3)); |
| 6. | A person who causes ground subsidence and danger to the general public because he or she has failed to comply with an order to suspend construction work under Article 21 (3) (including cases applied mutatis mutandis pursuant to Article 23 (3)); |
| 7. | A person who causes ground subsidence and danger to the general public because he or she has failed to conduct or conscientiously conduct a small-scale underground safety assessment under Article 23 (1); |
| 8. | A person who causes ground subsidence and danger to the general public because he or she has failed to conduct or conscientiously conduct a safety inspection under Article 34 (1); |
| 9. | A person who causes ground subsidence and danger to the general public because he or she has failed to conduct or conscientiously conduct a ground subsidence risk assessment under Article 35 (1). |
| (2) | Any person who causes injury to or death of a person by committing an offense under the subparagraphs of paragraph (1) shall be punished by imprisonment with labor for an indefinite term or for a term of at least three years. |
| Article 52 (Penalty Provisions) |
| (1) | Where any person who commits an offense under the subparagraphs of Article 51 (1) due to his or her professional negligence shall be punished by imprisonment or imprisonment with labor, for not more than five years or by a fine not exceeding 50 million won. |
| (2) | Where any person who commits an offense under Article 51 (2) due to his or her professional negligence shall be punished by imprisonment or imprisonment with labor for not more than 10 years, or by a fine not exceeding 100 million won. |
| Article 53 (Penalty Provisions) |
Any person who fails to comply with an order to suspend the construction under Article 19 (3) (including cases applied mutatis mutandis pursuant to Article 23 (3)) or 21 (3) (including cases applied mutatis mutandis pursuant to Article 23 (3)) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
| Article 54 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Jul. 27, 2021> |
| 1. | A person who fails to conduct an underground safety assessment under Article 14 (1); |
| 2. | A person who fails to conduct an underground safety inspection after commencement under Article 20 (1) (including cases where applied mutatis mutandis pursuant to Article 23 (3)); |
| 2-2. | A person who fails to comply with an order to take safety measures under Article 22-2 (1); |
| 3. | A person who fails to conduct a small-scale underground safety assessment under Article 23 (1); |
| 4. | A person who prepares an underground safety assessment report, etc. by reproducing the content of another underground safety assessment report, etc., in violation of Article 24 (2) 1 or subparagraph 1 of Article 27; |
| 5. | A person who prepares a false underground safety assessment report, etc., in violation of Article 24 (2) 2 or subparagraph 2 of Article 27; |
| 6. | A person who conducts an underground safety assessment, etc. on behalf of others without filing for registration under Article 25 (1); |
| 7. | A person who enters into a new contract for underground safety assessment, etc. on behalf of others after his or her registration was revoked or during the period of suspension of business, in violation of Article 29 (4); |
| 8. | A person who fails to conduct a ground subsidence risk assessment under Article 35 (1); |
| 9. | A person who fails to comply with an order to take safety measures under Article 38 (1). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jul. 27, 2021> |
| 1. | A person who performs construction work before procedures for holding consultations, etc. are completed, in violation of Article 19 (1) (including cases applied mutatis mutandis pursuant to Article 23 (3)); |
| 2. | A person who refuses to submit data, interferes with or evades access or inspection under Article 21 (5) (including cases applied mutatis mutandis pursuant to Article 23 (3)) without good cause; |
| 3. | A person who files for the registration of an institution specializing in underground safety assessment under Article 25 (1) by fraud or other improper means; |
| 4. | A person who subcontracts affairs relating to underground safety assessment, etc., in violation of subparagraph 4 of Article 27; |
| 5. | A person who lends a certificate of registration or his or her name, in violation of subparagraph 5 of Article 27; |
| 6. | A person who refuses to submit data, file a report or undergo an examination under Article 30 (1) without good cause; |
| 7. | A person who divulges or misappropriates confidential information, in violation of Article 48. |
| Article 55 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, employee or other worker of a corporation or an individual commits an offense falling under any of Articles 51 through 54 in relation to affairs of such corporation or individual, not only the person who commits such offense shall be punished but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply where the corporation or the individual has not neglected to pay due attention to and exercise reasonable supervision over the relevant affairs to prevent such offense.
| Article 56 (Administrative Fines) |
| (1) | Any person who falls under any of the following shall be punished by an administrative fine not exceeding 20 million won: |
| 1. | A person who fails to comply with an order to take measures under Article 21 (2) (including cases applied mutatis mutandis pursuant to Article 23 (3)) or 22 (3) (including cases applied mutatis mutandis pursuant to Article 23 (3)); |
| 2. | A person who fails to conduct or conscientiously conduct a safety inspection under Article 34 (1) (excluding a person who has been punished pursuant to Article 51 (1) 8); |
| 3. | A person who fails to comply with an order to implement an improvement plan or an order to take corrective action under Article 40 (3). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jul. 27, 2021> |
| 1. | A person who fails to take necessary measures, in violation of Article 20 (1) (including cases applied mutatis mutandis pursuant to Article 23 (3)); |
| 2. | A person who fails to give notification, in violation of Article 20 (2) (including cases applied mutatis mutandis pursuant to Article 23 (3)); |
| 3. | A person who prepares a poor underground safety assessment report, etc., in violation of Article 24 (2) 2 or subparagraph 2 of Article 27; |
| 4. | A person who fails to enter into a contract for preparation of an underground safety assessment report, etc. on behalf of others separate from a contract related to the formulation and implementation of a plan or project subject to underground safety assessment, etc., in violation of Article 24 (2) 4; |
| 5. | A person who fails to enter into a contract for underground safety inspection after commencement on behalf of others separate from a contract for underground safety assessment or small-scale underground safety assessment of the relevant project, in violation of Article 24 (2) 5. |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jun. 9, 2020; Jul. 27, 2021> |
| 1. | A person who fails to submit a construction safety management plan under Article 10 (1) or the safety management regulations under Article 10 (2); |
| 2. | A person who fails to comply with an order to make the change under Article 10 (3); |
| 2-2. | A person who fails to inform the results of compliance with an order to take safety measures, in violation of Article 22-2 (2); |
| 3. | A person who fails to preserve an underground safety assessment report, etc. and data forming the basis for the preparation thereof, in violation of Article 24 (2) 3 or subparagraph 3 of Article 27; |
| 4. | A person who fails to file a report on the change under Article 25 (3); |
| 5. | A person who fails to report the suspension of business or resumption of business under Article 25 (5); |
| 6. | A person who fails to report the results of underground safety impact assessments, etc. he or she has conducted on behalf of others or files a false report on the results thereof, in violation of Article 32 (1); |
| 7. | A person who fails to install a warning sign, in violation of Article 36 (1); |
| 8. | A person who removes or destroys a warning sign, in violation of Article 36 (3); |
| 9. | A person who fails to take necessary measures under Article 37; |
| 10. | A person who fails to notify the results of safety measures implemented, in violation of Article 38 (2); |
| 11. | A person who refuses an evacuation order, etc. under Article 39; |
| 12. | A person who fails to formulate an improvement plan under Article 40 (1); |
| 13. | A person who fails to notify the results of an improvement plan implemented, in violation of Article 40 (4); |
| 14. | A person who refuses or interferes with the temporary use of land, buildings, structures and other possessions or the change or removal of obstacles under Article 41 (1) without good cause; |
| 15. | A person who fails to submit updated information under Article 42 (2); |
| 16. | The head of an agency that manages underground information who fails to comply with the request to provide necessary data and to improve the accuracy of underground information under Article 43 (2) without good cause; |
| 17. | A person who refuses, interferes with, or evades an accident investigation under Article 46; |
| (4) | The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu shall impose and collect administrative fines under paragraphs (1) through (3), as prescribed by Presidential Decree. |
ADDENDA <Act No. 13749, Jan. 7, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Article 2 (Applicability to Underground Safety Impact Assessments and Small-scale Underground Safety Impact Assessments)
An underground safety impact assessment under Article 14 (1) and small-scale underground safety impact assessment under Article 23 (1) shall apply beginning with cases where an underground developer makes the first request for approval, etc. of the relevant project after this Act enters into force.
ADDENDA <Act No. 14545, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 16414, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 17447, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17456, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Utilization of Integrated Maps of Underground Spaces)
The amended provisions of Article 44 (3) and (4) shall begin to apply to underground development projects implemented after this Act enters into force. Article 3 (Applicability to Imposition of Administrative Fines)
The amended provisions of Article 56 (3) 16 shall begin to apply to requests made by the Minister of Land, Infrastructure and Transport to provide data and to improve the accuracy of underground information under Article 43 (2) to the head of an agency that manages underground information after this Act enters into force.
ADDENDA <Act No. 18350, Jul. 27, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Special Cases concerning Approval for Construction Projects)
The amended provisions of Article 19-2 shall begin to apply from the first application for building permission or from the first notification of building construction filed after this Act enters into force. Article 3 Omitted.