ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE SAFETY CONTROL AND MAINTENANCE OF ESTABLISHMENTS
Wholly Amended by Presidential Decree No. 28586, Jan. 16, 2018
Amended by Presidential Decree No. 29360, Dec. 11, 2018
Presidential Decree No. 29617, Mar. 12, 2019
Presidential Decree No. 30339, Jan. 7, 2020
Presidential Decree No. 30430, Feb. 18, 2020
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30876, Jul. 28, 2020
Presidential Decree No. 31012, Sep. 10, 2020
Presidential Decree No. 31211, Dec. 1, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31635, Apr. 20, 2021
Presidential Decree No. 31985, Sep. 14, 2021
Presidential Decree No. 32274, Dec. 28, 2021
Presidential Decree No. 32995, Nov. 15, 2022
CHAPTER I GENERAL PROVISIONS
| Article 2 (Formulation of Master Plans for Safety Control and Maintenance of Establishments) |
| 1. | Matters regarding the promotion of and support for institutions specializing in safety examinations registered pursuant to Article 28 (1) of the Act (hereinafter referred to as "institutions specializing in safety examinations"); |
| 2. | Matters regarding the preparation, change, and operation of standards for the safety control and maintenance of establishments. |
| Article 3 (Formulation of Plans for Safety Control and Maintenance of Establishments) |
| (1) | Each management authority shall annually formulate and implement a plan for the safety control and maintenance of establishments (hereinafter referred to as "establishment management plan") for each establishment under its jurisdiction in accordance with the main clause of Article 6 (1) of the Act: Provided, That in cases of multi-family housing defined in Article 2 (1) 1 of the Multi-Family Housing Management Act (hereinafter referred to as "multi-family housing"), with regard to the matters specified in Article 6 (2) 1 and 2 of the Act, a plan may be formulated for the entire multi-family housing located in a multi-family housing complex defined in Article 2 (1) 3 of that Act. |
| (2) | "Establishments prescribed by Presidential Decree" in the proviso of Article 6 (1) of the Act means any of the following establishments under the jurisdiction of a private management authority from among Class-III establishments under subparagraph 3 of Article 7 of the Act (hereinafter referred to as “Class-III establishments”) and the establishment management plan for which shall be formulated by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu and hereinafter referred to as “the head of a Si/Gun/Gu), as determined and publicly notified by the Minister of Land, Infrastructure and Transport: |
| 3. | Other establishments, the establishment management plans for which are deemed necessary to be formulated by the head of a Si/Gun/Gu, as determined by the Minister of Land, Infrastructure and Transport. |
| (3) | Notification of an establishment management plan under Article 6 (3) of the Act shall be given in writing or in electronic form within 15 days from the date the plan is formulated. <Amended on Jan. 7, 2020> |
| (4) | Notwithstanding paragraph (1), a management authority of the establishments referred to in Article 40 (1) of the Act (hereinafter referred to as "establishments subject to performance assessment") shall formulate and implement a mid-term establishment management plan (hereinafter referred to as “mid-term management plan”) for each establishment under its jurisdiction every five years taking into account the life cycle of the relevant establishments, and shall formulate and implement an establishment management plan every year in accordance with the mid-term management plan pursuant to the main clause of Article 6 (1) of the Act. |
| 1. | Matters regarding the establishment of performance objectives for, and standards for the management of, establishments subject to performance assessment; |
| 2. | Matters regarding methods for achieving performance objectives for establishments subject to performance assessment; |
| 3. | Matters regarding the implementation of the safety inspections, full safety examinations or emergency safety inspections (hereinafter referred to as "safety inspection or examination"), performance assessment, and maintenance, of establishments subject to performance assessment; |
| 4. | Matters regarding the findings of performance assessment of establishments subject to performance assessment; |
| 5. | Other matters determined and publicly notified by the Minister of Land, Infrastructure and Transport for the safety inspections or examinations, performance assessment, and maintenance, of establishments subject to performance assessment. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the formulation, implementation, etc. of establishment management plans and of mid-term management plans shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 4 (Types of Establishments) |
Types of Class-I establishments prescribed in subparagraph 1 of Article 7 of the Act (hereinafter referred to as "Class-I establishments") and Class-II establishments prescribed in subparagraph 2 of Article 7 of that Act (hereinafter referred to as "Class-II establishments") shall be as specified in attached Table 1.
| Article 5 (Designation and Cancellation of Designation of Class-III Establishments) |
| (1) | The scope of Class-III establishments subject to designation or cancellation of designation under Article 8 (1) and (2) of the Act shall be as specified in attached Table 1-2. <Amended on Nov. 15, 2022> |
| (2) | If the head of a central administrative agency or the head of a local government designates a Class-III establishment or cancels the designation thereof pursuant to Article 8 (1) and (2) of the Act, he or she shall do so in accordance with the following classifications: <Newly Inserted on Nov. 15, 2022> |
| 1. | Establishments falling under subparagraph 1 (a) (i) and (iii) and (b) (i), (ii), or (iv) of attached Table 1-2 among those specified in that Table: To designate such establishments as Class-III establishments; |
| 2. | Establishments, other than those referred to in subparagraph 1 of this paragraph of attached Table 1-2 among those specified in that Table: To designate such establishments or cancel the designation thereof in consideration of their safety conditions, the degree of danger to the public, the number of years elapsed, and others. In such cases, the detailed standards for the designation and cancellation of designation shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (3) | If a management authority of an establishment, other than Class-I or Class-II establishment, which is at high risk of disaster or if it is necessary to continuously manage the establishment to prevent disasters, he or she may request the following persons to designate the establishment as a Class-III establishment, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Nov. 15, 2022> |
| 1. | If the management authority of the establishment is a public management authority: The following persons: |
| (a) | A public management authority which is an agency under the jurisdiction of, or is supervised by, a central administrative agency: The head of the central administrative agency; |
| (b) | Public management authorities other than that referred to in item (a): The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing City Mayor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"); |
| 2. | If the management authority of the establishment is a private management authority: The head of the competent Si/Gun/Gu. |
| (4) | If the risk of disaster has been removed from an establishment as a result of repair, reinforcement, etc. of a Class-III establishment or if it has become unnecessary to continuously manage the Class-III establishment to prevent disasters due to a change of the purpose of its use and others, a managing authority of the Class-III establishment may request the designating authority of the relevant establishment to cancel the designation of the Class-III establishment, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Nov. 15, 2022> |
| (5) | The head of a central administrative agency or the head of a local government shall, upon receipt of a request for designation, or cancellation of designation of, a Class-III establishment under paragraph (3) or (4), designate a Class-III establishment or cancel such designation in accordance with the standards prescribed in paragraph (2). <Amended on Nov. 15, 2022> |
| Article 6 (Drawings and Specifications) |
"Documents prescribed by Presidential Decree, such as drawings and specifications and establishment management register" in Article 9 (1) of the Act means the documents specified in attached Table 2.
| Article 7 (Scope of Repair and Reinforcement for Which Drawings and Specifications Should Be Submitted) |
"Substantial repair or reinforcement works prescribed by Presidential Decree" in Article 9 (4) of the Act means the repair or reinforcement of the following: | 1. | Reinforced concrete structural member or steel structural member; |
| 3. | Other main members prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
CHAPTER III SAFETY CONTROL OF ESTABLISHMENTS
SECTION 1 Safety Inspections or Examinations
| Article 8 (Conducting of Safety Inspections) |
| (1) | A management authority or the head of a Si/Gun/Gu shall conduct a periodic safety inspection and a full safety inspection pursuant to Article 11 (1) of the Act to maintain the safety and functions of the establishments under his or her jurisdiction: Provided, That a full safety inspection of a Class-III establishment shall be conducted only where the relevant establishment is assigned a safety rating of D (unsatisfactory) or E (poor) in a periodic safety inspection. <Amended on Nov. 15, 2022> |
| (3) | "Essential members prescribed by Presidential Decree" in Article 11 (2) of the Act means the essential members of each establishment specified in attached Table 4. |
| (4) | If a management authority intends to request a full safety inspection pursuant to Article 11 (2) of the Act, it shall not make such request to the following institutions specializing in safety examinations: <Amended on Dec. 28, 2021> |
| 1. | A person who designs, constructs, supervises the relevant establishment or any affiliate thereof (referring to an affiliate defined in subparagraph 12 of Article 2 of the Monopoly Regulation and Fair Trade Act; hereinafter the same shall apply), which is an institution specializing in safety examinations; |
| 2. | An institution specializing in safety examinations affiliated with the management authority of the relevant establishment or its subsidiary: Provided, That this shall not apply to an institution specializing in safety examinations which is a public management authority, and is recognized by the Minister of Land, Infrastructure and Transport as requiring specialized technology of the relevant institution due to the unique structural features of the establishment. |
| Article 9 (Qualifications of Engineers-In-Charge) |
| (1) | A person eligible to conduct a safety inspection or examination or a performance assessment under Article 11 (1), 12 (1) or (2), 13 (1), or 40 (1) of the Act under his or her responsibility (hereinafter referred to as "engineer-in-charge") shall meet the qualification requirements specified in attached Table 5 and is registered as an engineer-in-charge in the integrated information management system for establishments under Article 55 of the Act (hereinafter referred to as "integrated information management system for establishments"), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 18, 2020> |
| (2) | When conducting a safety inspection or examination or a performance assessment, an engineer-in-charge may, if necessary, have a person who meets all of the following requirements (hereinafter referred to as "participating engineer") conduct a safety inspection or examination or a performance assessment under his or her supervision: Provided, That the requirements specified in subparagraph 2 shall be excluded, in the case of a participating engineer who conducts a safety inspection under Article 11 of the Act or an emergency safety inspection under Article 13 of the Act: <Amended on Dec. 11, 2018; Feb. 18, 2020> |
| 2. | Has completed educational programs related to full safety examination or performance assessment in the relevant fields (classified into the fields of bridge, tunnel, hydraulics, harbor, and construction) recognized by the Minister of Land, Infrastructure and Transport; |
| 3. | Has registered as a participating engineer in the integrated information management system for establishments, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Deleted. <Feb. 18, 2020> |
| Article 10 (Conducting of Full Safety Examinations) |
| (1) | The timing for conducting a full safety examination of establishments under Article 12 (1) of the Act shall be as specified in attached Table 3. |
| (2) | If a management authority intends to request an institution specializing in safety examinations to conduct a full safety examination, it shall not make such request to the following institutions specializing in safety examinations: |
| 1. | A person who designs, constructs, or supervises the relevant establishment or an institution specializing in safety examinations which is an affiliate thereof; |
| 2. | An institution specializing in safety examinations affiliated with the management authority of the relevant establishment or its subsidiary: Provided, That this shall not apply to an institution specializing in safety examinations which is a public management authority, and is recognized by the Minister of Land, Infrastructure and Transport as requiring specialized technology of the relevant institution due to the unique structural features of the establishment. |
| (3) | If a full safety examination of an electric installation, mechanical equipment, or instrumentation facility related to the structural safety of a complex establishment (excluding buildings) which includes the electric installation, mechanical equipment, or instrumentation facility is conducted, such examination shall be conducted by qualified technical experts in the relevant fields specified in attached Table 6 with a particular emphasis on examining the electric installation, mechanical equipment, or instrumentation facility related to the structural safety of the relevant establishment. |
| Article 11 (Conducting of Emergency Safety Inspections) |
| (1) | When conducting an emergency safety inspection under Article 13 (2) of the Act, the Minister of Land, Infrastructure and Transport or the head of a relevant administrative agency shall notify, in writing, in advance, the management authority of the establishments subject to emergency safety inspection of the purpose and date of the inspection and the establishments subject to such inspection: Provided, That where a written notice is insufficient to achieve the purpose of an emergency safety inspection, notice may be made verbally or by telephone, etc. |
| (2) | The Minister of Land, Infrastructure and Transport or the head of a relevant administrative agency shall notify the relevant management authority of the findings of an emergency safety inspection in writing within 15 days from the date such inspection is completed pursuant to Article 13 (6) of the Act. |
| (3) | Matters that shall be included in a report on the findings of an emergency safety inspection under Article 13 (7) of the Act shall be as specified in attached Table 7. |
| Article 12 (Standards of Safety Ratings for Establishments) |
"Standards prescribed by Presidential Decree" in Article 16 (1) of the Act shall be the standards specified in attached Table 8.
| Article 13 (Report on Findings of Safety Inspections and of Full Safety Examinations) |
| (1) | Matters that shall be included in a report on the findings of a safety inspection or of a full safety examination under Article 17 (1) of the Act shall be as specified in attached Table 7. |
| (2) | After completing a safety inspection or full safety examination, a person who has conducted such inspection or examination shall prepare and submit a report on the findings thereof in writing or in electronic form to the relevant management authority and the head of a Si/Gun/Gu (limited to the cases falling under the proviso of Article 11 (1) of the Act and paragraph (3) of that Article). <Amended on Jan. 7, 2020> |
| (3) | A management authority shall, in the case of a public management authority, submit a report on the findings of a safety inspection or of a full safety examination under paragraph (2) to a central administrative agency to which the public management authority belongs or to a Mayor/Do Governor; and in the case of a private management authority, submit the same to the head of the competent Si/Gun/Gu, within 30 days from the date of completion of the safety inspection or full safety examination. |
| (4) | If the Minister of Land, Infrastructure and Transport determines that a report on the findings, along with the underlying data, is of poor quality pursuant to Article 17 (3) of the Act, he or she shall assign a rating, such as extremely poor, poor, or unsatisfactory, based on the level of poor performance, etc. <Newly Inserted on Jan. 7, 2020> |
| Article 14 (Evaluation of Findings of Full Safety Inspections or of Full Safety Examinations) |
| (1) | The findings of a full safety inspection or of a full safety examination shall be subject to evaluation under Article 18 (1) of the Act in the following cases: <Amended on Dec. 1, 2020> |
| 1. | If it is deemed that a failure to conduct the full safety inspection or full safety examination conscientiously is likely to cause serious damage to the establishment or to pose a risk to public safety; |
| 2. | If the head of a Si/Gun/Gu who guides and supervises a private management authority requests an evaluation of the findings of the full safety inspection or of the full safety examination recognizing the possibility of poor inspection or examination; |
| 3. | If a contractor enters into a contract agreement at a significantly reduced amount when compared to the sum calculated according to the standards for calculating expenses necessary for safety inspections or examinations conducted by agents pursuant to Article 37 of the Act (hereinafter referred to as "standards for calculating expenses for safety inspections or examinations") based on the ratio prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 4. | If there is the possibility of a poor inspection or examination as the management authority, the Korea Authority of Land and Infrastructure Safety under the Act on the Korea Authority of Land and Infrastructure Safety (hereinafter referred to as the "Korea Authority of Land and Infrastructure Safety"), an institution specializing in safety examinations, or a maintenance business entity registered under Article 9 of the Framework Act on the Construction Industry (hereinafter referred to as "maintenance business entity") conducts a full safety inspection or full safety examination, in violation of the Act or an order issued under the Act; |
| 5. | Other cases determined and publicly notified by the Minister of Land, Infrastructure and Transport to prevent poor full safety inspection or full safety examination. |
| (2) | If the Minister of Land, Infrastructure and Transport performs an evaluation under paragraph (1), it shall include the following: |
| 1. | Appropriateness of the methods for investigating, analyzing, and evaluating the whole structure, and of the findings thereof; |
| 2. | Appropriateness of the methods for repair and reinforcement proposed as a result of the findings of a full safety inspection and of a full safety examination; |
| 3. | Other matters that the Minister of Land, Infrastructure and Transport deems necessary for the safety of the relevant establishments. |
| (3) | If the Minister of Land, Infrastructure and Transport deems that the findings of a full safety inspection or of a full safety examination, as evaluated under Article 18 (1) of the Act, are of poor quality, he or she shall assign a rating, such as extremely poor, poor, or unsatisfactory in consideration of the degree of poor performance, etc. In such cases, the criteria for determining the degree of poor performance shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Jan. 7, 2020> |
| (4) | When evaluating the findings of a full safety inspection or of a full safety examination pursuant to Article 18 of the Act, the Minister of Land, Infrastructure and Transport shall also verify whether the report on the findings thereof complies with Article 17 (2) 1 or 2 of the Act. <Newly Inserted on Jan. 7, 2020> |
| (5) | Upon conducting an evaluation under paragraph (1), the Minister of Land, Infrastructure and Transport shall notify a management authority, the Korea Authority of Land and Infrastructure Safety, an institution specializing in safety examinations, or a maintenance business entity which has conducted a full safety inspection or full safety examination, and the head of a central administrative agency or the head of a local government who guides and supervises them of the findings of such evaluation. <Amended on Jan. 7, 2020; Dec. 1, 2020> |
| Article 14-2 (Modification and Supplementation of Findings of Inappropriate Full Safety Inspections or Full Safety Examinations) |
| (1) | The due date for submitting a modified or supplemented report under Article 18 (3) of the Act shall be as follows; in such cases, the period during which an appeal process, such as an objection, against the findings of an evaluation conducted pursuant to Article 18 (1) of the Act is proceeded shall be excluded from calculating the due date for the submission of such report: |
| 1. | Full safety inspection: Within two months from the date of receipt of notification of the findings of the evaluation under the main clause of Article 18 (3) of the Act; |
| 2. | Full safety examination: Within three months from the date of receipt of notification of the findings of the evaluation under the main clause of Article 18 (3) of the Act. |
| (2) | Notwithstanding paragraph (1), if it is impracticable to submit a report on findings modified or supplemented by the relevant due dates due to any unavoidable cause, such as where the relevant establishment is under construction or a person who conducted a full safety inspection or full safety examination as an agent has closed or suspended his or her business operations, the due dates for submission may be adjusted in consultation with the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 15 (Scope of Vulnerable Small Facilities) |
"Facilities prescribed by Presidential Decree, such as a social welfare facility" in Article 19 (1) of the Act (hereinafter referred to as "vulnerable small facilities") means the following facilities: Provided, That facilities the management authority of which is a local government or a local public enterprise under the Local Public Enterprises Act shall be excluded: <Amended on Feb. 18, 2020; Jan. 5, 2021> | 6. | Other facilities determined and publicly notified by the Minister of Land, Infrastructure and Transport, which are vulnerable to safety risks or at risk of disaster and deemed necessary to undergo safety inspections or examinations. |
| Article 15-2 (Plans for Safety Inspection and Management of Vulnerable Small Facilities) |
"Matters prescribed by Presidential Decree, such as the current status of vulnerable small facilities" in Article 19 (6) of the Act means the following: | 1. | The current status of the competent vulnerable small facilities, such as the types, names, locations, and sizes of the facilities; |
| 2. | The current status of changes in the competent vulnerable small facilities; |
| 3. | Information regarding the managers or owners of the competent vulnerable small facilities or administrative agencies related to those facilities; |
| 4. | The current status of drawings and specifications retained at the competent vulnerable small facilities; |
| 5. | Safety inspection plans for the competent vulnerable small facilities and expenses incurred in conducting such inspection; |
| 6. | Other matters necessary for the safety control and maintenance of the vulnerable small facilities. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 16 (Scope of Safety Inspections and Examinations) |
"Scope of inspection prescribed by Presidential Decree" in Article 20 (2) of the Act shall be as specified in attached Table 9.
| Article 17 (Guidelines for Safety Inspections or Examinations) |
The guidelines for safety inspections or examinations under Article 21 (1) of the Act (hereinafter referred to as "guidelines for safety inspections or examinations") shall include the following: | 1. | Matters regarding the collection and review of construction-related data required for safety inspections or examinations, such as architectural drawings, specifications, and specification of materials used; |
| 2. | Matters regarding composition of those conducting safety inspections or examinations; |
| 3. | Matters regarding the formulation and implementation of plans for conducting safety inspections or examinations; |
| 4. | Matters regarding equipment for safety inspections or examinations; |
| 5. | Matters regarding items subject to safety inspections or examinations and inspection methods for each item; |
| 6. | Matters regarding testing of materials used which are necessary for safety inspections or examinations; |
| 7. | Matters regarding the evaluation of the findings of safety inspections or examinations; |
| 8. | Matters regarding preparation of a report on the findings of safety inspections and of full safety examinations; |
| 9. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are necessary for the procedures, methods, etc. of safety inspections or examinations. |
| Article 17-2 (Publication of Lists of Persons Who Fail to Comply with Matters to Be Observed in Preparing Reports on Findings) |
| 1. | The name, trade name, and address of a person who fails to comply with Article 17 (2) 1 or 2 of the Act (if the person is a corporation, referring to the name of the representative thereof and the name and address of the corporation); |
| 2. | The details of the violations during the past two years from the year immediately preceding the year of publication of the list. |
| (2) | The list under Article 21-2 (1) of the Act shall be published by posting it on the integrated information management system for establishments for one year. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 17-3 (Composition and Operation of Deliberation Committee for Publication of List of Persons Who Fail to Comply with Matters to be Observed in Preparing Reports on Findings) |
| (1) | The deliberation committee for the publication of the list of persons who fail to comply with matters to be observed in preparing a report on findings under Article 21-2 (2) of the Act (hereinafter referred to as "deliberation committee") shall be composed of up to 10 members, including one chairperson, with due consideration given to gender equality, and the chairperson shall be appointed by the Minister of Land, Infrastructure and Transport from among the members of the deliberation committee. |
| (2) | The members of the deliberation committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among any of the following persons: |
| 1. | A public official of Grade IV or higher who works in a department related to the safety control and maintenance of establishments; |
| 2. | An executive officer or employee of an organization or of a research institute, etc. related to the safety control and maintenance of establishments; |
| 3. | A person who holds or held office as a judge, public prosecutor, or attorney-at-law for at least six years; |
| 4. | Other persons who have abundant knowledge of and experience in the safety control and maintenance of establishments. |
| (3) | Each member of the deliberation committee who is not a public official shall hold office for a term of two years and may be appointed consecutively for further terms. |
| (4) | A majority of the members of the deliberation committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of the deliberation committee shall be determined by the chairperson of the deliberation committee, following resolution thereby. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 17-4 (Exclusion of, Challenge to, or Recusal of, Members) |
| (1) | In any of the following cases, a member of the deliberation committee shall be excluded from deliberation and resolution on a relevant agenda item: <Amended on Feb. 18, 2020> |
| 1. | If the member or his or her spouse or former spouse becomes a party to the relevant agenda item (if the party is a corporation or an organization, etc., its executive officers 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 a party to the relevant agenda item; |
| 3. | If the member has offered testimony, statement, advice or conducted any research, service (including subcontract; hereafter in this Article the same shall apply), appraisal, or investigation with respect to the relevant agenda item; |
| 4. | If the member or the corporation or organization to which the member belongs is the current or former agent of a party to the relevant agenda item; |
| 5. | If an enterprise, etc. for which the member works or worked as an executive officer or employee during the last three years, has offered advice or conducted any research, service, appraisal, or investigation with respect to the relevant agenda item. |
| (2) | If the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions by a member, any party to the relevant agenda item may file a motion for challenge to the member with the deliberation committee, and the deliberation committee shall make a decision thereon by resolution. In such cases, the committee member to whom the motion for challenge is filed shall not participate in the resolution process. <Amended on Feb. 18, 2020> |
| (3) | If a member meets any of the grounds for exclusion under the subparagraphs of paragraph (1), he or she shall recuse himself or herself from deliberation and resolution on the relevant agenda item. <Amended on Feb. 18, 2020> |
[Moved from Article 39 <Feb. 18, 2020>]
| Article 17-5 (Dismissal of Members) |
If any member of the deliberation committee falls under any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss the relevant member: <Amended on Feb. 18, 2020>
| 1. | If the member is unable to perform his or her duties due to mental or physical disability, etc.; |
| 2. | If there is any misconduct related to the member's duties, such as divulging information learned through the activities of the deliberation committee to others or using such information for his or her own benefit; |
| 3. | If it is deemed inappropriate for the member to retain his or her position due to neglect of duties, injury to dignity, or any other reasons; |
| 4. | If the member does not voluntarily recuse himself or herself, despite falling under any subparagraph of Article 17-4 (1); |
| 5. | If the member voluntarily indicates that it is impracticable for him or her to perform his or her duties. |
[Moved from Article 45 <Feb. 18, 2020>]
SECTION 2 Safety Measures for Preventing Disasters
| Article 18 (Critical Defects in Establishments) |
| (1) | "Critical defects prescribed by Presidential Decree, including erosion or differential settlement of the foundation of an establishment" in Article 22 (1) of the Act means the following defects deemed to have a profound effect on the structural safety of the establishment: <Amended on Jan. 5, 2021> |
| 1. | Erosion of the foundation of the establishment; |
| 2. | Bridge-pier differential settlement; |
| 3. | Bridge bearing damage; |
| 4. | Differential settlement of tunnel site; |
| 5. | Damage to and corrosion of steel pipes or reinforced concrete piles among port mooring facilities; |
| 6. | Piping (referring to a phenomenon of the erosion of soil, sand, etc., which results in the formation of a pipe-shaped discharge tunnel under the ground; hereinafter the same shall apply) and structural cracks in a dam; |
| 7. | Loss of strength of a building column, beam, or bearing wall; |
| 8. | Destruction, leakage, piping, or erosion of the main body, bridges, and floodgates of river establishments; |
| 9. | Loss of strength resulting from salt damage to, or carbonation of, reinforced concrete in the establishment; |
| 10. | Cracks in or destruction of retaining walls resulting from cracks or relaxation in cut slopes or fill slopes; |
| 11. | Other defects prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are deemed to affect the structural safety of the establishment. |
| (2) | "Any defect ... prescribed by Presidential Decree, such as the destruction of a bridge rail ... in the part used by the public" in Article 22 (2) of the Act means the following defects deemed to affect the safety of the public using the establishment: <Newly Inserted on Feb. 18, 2020> |
| 1. | Destruction of fall prevention facilities such as a rail in the establishment; |
| 2. | Destruction of the parts of the pavement or expansion joint in a road bridge or a road tunnel; |
| 3. | Destruction of the cover of a ventilator on a section where a pedestrian or vehicle is moving; |
| 4. | Other defects in the parts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are deemed to have an effect on the safety of the general public. |
| 1. | The name and location of the establishment; |
| 2. | The trade name, title, name (if the management authority is a corporation, referring to the name of its representative) and address of the management authority; |
| 3. | The period of safety inspection or examination and those conducting such inspection or examination; |
| 4. | Ratings by condition of the relevant establishment and the details of the critical defects therein; |
| 5. | Measures that shall be taken by the management authority; |
| 6. | Other matters necessary for safety control. |
| (4) | Except as provided in paragraphs (1) through (3), details necessary for notifying critical defects, etc. in establishments under Article 22 of the Act shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Feb. 18, 2020> |
[Title Amended on Feb. 18, 2020]
| Article 19 (Repair and Reinforcement of Critical Defects) |
Pursuant to Article 24 (1) of the Act, a management authority shall initiate necessary measures, such as repairing and reinforcing an establishment within two years from the date it receives an order to take measures under Article 13 (6) of the Act or notification under Article 22 (1) and (2) of the Act; and shall complete such measures within three years from the date of initiation of the measures unless there is a compelling reason not to do so. [This Article Wholly Amended on Feb. 18, 2020]
| Article 20 Deleted. <Feb. 18, 2020> |
CHAPTER IV SAFETY INSPECTIONS OR EXAMINATIONS BY AGENTS
| Article 21 (Establishments Subject to Full Safety Examinations) |
| (1) | "Establishments prescribed by Presidential Decree" in the proviso of Article 26 (2) of the Act means the establishments determined and publicly notified by the Minister of Land, Infrastructure and Transport in consideration of the size of establishments, the necessity for safety control, and the like among the following establishments: Provided, That this shall not apply to establishments managed by a public management authority, which are deemed necessary thereby to undergo a full safety examination by an entity other than the Korea Authority of Land and Infrastructure Safety and on which the management authority consults with the Minister of Land, Infrastructure and Transport: <Amended on Jan. 7, 2020; Dec. 1, 2020> |
| 1. | The following bridges: |
| (a) | Road bridges which are suspension bridges, cable stayed bridges, arch bridges, and truss bridges based on the type of superstructure and bridges the longest span width of which is at least 50 meters (excluding a single-span bridges); |
| (b) | Railway bridges which are arch bridges and trust bridges based on the type of superstructure; |
| (c) | High-speed railway bridges; |
| 2. | Tunnels extended by at least 1,000 meters; |
| 4. | Multi-purpose dams, hydropower dams, flood control dams, and water-only dams with a water storage capacity of at least 20 million tons; |
| 5. | Floodgates and drain pumping lots in estuary weirs and in the national rivers located in the Special Metropolitan City; |
| 6. | Wide-area waterworks and ancillary facilities and industrial waterworks (limited to those with a water supply capacity of at least one million tons) and ancillary facilities; |
| 7. | Pile-structure mooring facilities (only applicable to facilities with a capacity of at least 100,000 tons); |
| 8. | Tide embankments with a tidal water capacity of at least 80 million tons; |
| 9. | Multi-function weirs (limited to those at least five meters in height). |
| (2) | The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the establishments selected and publicly notified pursuant to paragraph (1) every five years, counting from January 31, 2020, and shall take measures, such as making improvements. <Newly Inserted on Jan. 7, 2020> |
| Article 22 (Restrictions on Subcontract) |
| (1) | "Cases prescribed by Presidential Decree, such as where any specialized technology is required" in the proviso of Article 27 (1) of the Act means cases where specialized technology in attached Table 10 is required. |
| (2) | The notification under Article 27 (2) of the Act shall be made within 10 days from the date a subcontract agreement is concluded, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall apply to any modification or cancellation of the agreement. |
| Article 23 (Registration of Institutions Specializing in Safety Examinations) |
| (1) | "Standards for registration prescribed by Presidential Decree for each category, such as technical personnel and equipment" in Article 28 (1) of the Act means the standards for registration specified in attached Table 11. |
| Article 24 (Temporary Failure to Meet Standards for Registration) |
"Cases prescribed by Presidential Decree, such as where an institution specializing in safety examinations temporarily fails to meet any of the standards for registration" in the proviso of Article 31 (1) 9 of the Act means any of the following: | 1. | Where the institution fails to meet the standards for registration among those prescribed in Article 23 (1) due to the death, disappearance, or retirement of a person qualified as technical personnel for a period of up to 30 days; |
| 2. | Any of the following cases where the institution fails to meet the capital standards among the standards for registration under Article 23 (1): |
| (b) | If a resolution is adopted authorizing the commencement of joint administrative procedures by the council of financial creditors pursuant to the Corporate Restructuring Promotion Act and such procedures are in progress. |
| Article 25 (Detailed Standards for Administrative Dispositions) |
Detailed standards for administrative dispositions under Article 31 (1) of the Act shall be as specified in attached Table 12.
| Article 26 (Standards for Calculating Expenses for Safety Inspections or Examinations) |
If the Minister of Land, Infrastructure and Transport intends to determine and publicly notify the standards for calculating expenses for safety inspections or examinations pursuant to Article 37 of the Act, he or she shall have a consultation with the Minister of Economy and Finance.
| Article 26-2 (Matters to Be Entered in Articles of Association of Association Specializing in Safety Examinations) |
The articles of association of the association specializing in safety examinations under Article 38-2 (1) of the Act (hereinafter referred to as “association specializing in safety examinations”) shall include the following: | 4. | The location of its main office; |
| 5. | Matters regarding the accession and secession of members; |
| 6. | Matters regarding the composition of executive officers; |
| 7. | Matters regarding the rights and obligations of members; |
| 8. | Matters regarding general meetings, the board of representatives, and the board of directors; |
| 9. | Matters regarding assets and accounting; |
| 10. | Matters regarding amendment to the articles of association; |
| 11. | Other matters necessary for the operation of the association specializing in safety examinations. |
[This Article Newly Inserted on Sep. 14, 2021]
| Article 26-3 (Guidance and Supervision over Association Specializing in Safety Examinations) |
If necessary for guidance and supervision over the association specializing in safety examinations, the Minister of Land, Infrastructure and Transport may request the association to report matters regarding its business affairs or to submit data.
[This Article Newly Inserted on Sep. 14, 2021]
| Article 26-4 (Number of Institutions Whose Consent Is Required for Establishment of Association) |
"Number ... prescribed by Presidential Decree" in Article 38-3 (1) of the Act means 1/10 of the number of institutions specializing in safety examinations qualified as members. [This Article Newly Inserted on Sep. 14, 2021]
CHAPTER V MAINTENANCE OF ESTABLISHMENTS
| Article 27 (Establishments Maintained pursuant to Other Statutes or Regulations) |
| Article 28 (Performance Assessment of Establishments) |
| (1) | "Establishments prescribed by Presidential Decree, such as roads, railroads, harbors, and dams" in Article 40 (1) of the Act shall be as specified in attached Table 13. |
| (2) | The timing for conducting a performance assessment under Article 40 (1) of the Act shall be as specified in attached Table 3. |
| (3) | A person who assesses performance pursuant to Article 40 (1) of the Act shall do so within the scope specified in attached Table 9, based on technical personnel he or she retains or registered areas. |
| (4) | A management authority conducting a performance assessment under Article 40 (1) of the Act may also conduct a full safety inspection or a full safety examination. |
| (5) | In conducting a performance assessment, a management authority may utilize the findings of an on-site investigation, test, etc. conducted as part of any of the following full safety inspections or full safety examinations: |
| 1. | A full safety inspection or a full safety examination conducted as part of a performance assessment; |
| 2. | A full safety inspection or a full safety examination conducted within one year from the date of performance assessment. |
| (6) | A person who conducts a performance assessment shall prepare a report on the findings of thereof including the following, in writing or in electronic form pursuant to Article 40 (3) of the Act: <Amended on Feb. 18, 2020> |
| 1. | Performance objectives and management indicators of establishments set by the management authority; |
| 2. | Matters regarding the safety assessment of establishments; |
| 3. | Matters regarding the durability assessment of establishments; |
| 4. | Matters regarding the usability assessment of establishments; |
| 5. | Matters regarding the overall performance of establishments; |
| 6. | Proposal for maintenance, in consideration of the performance objectives of establishments; |
| 7. | Other matters determined and publicly notified by the Minister of Land, Infrastructure and Transport, which are related to the performance assessment of establishments. |
| (7) | If the Minister of Land, Infrastructure and Transport determines that a report on the findings of a performance assessment, along with the underlying data, is of poor quality pursuant to Article 17 (3) of the Act which is applied mutatis mutandis pursuant to Article 40 (5) of the Act, he or she shall assign a rating, such as extremely poor, poor, or unsatisfactory, based on the level of poor performance, etc. <Newly Inserted on Jan. 7, 2020> |
| (8) | "Standards prescribed by Presidential Decree" in Article 40 (6) of the Act shall be as specified in attached Table 14. <Amended on Jan. 7, 2020> |
| (9) | Except as provided in paragraphs (1) through (8), details necessary for conducting a performance assessment shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Jan. 7, 2020> |
| Article 29 (Report on Findings of Maintenance) |
| (1) | "Maintenance works prescribed by Presidential Decree" in Article 41 (1) of the Act means repair, reinforcement, etc. related to structural safety for a part falling under any subparagraph of Article 7. |
| 1. | Results of measures regarding repair, reinforcement, and restrictions on use; |
| 2. | Matters regarding change in specifications of establishments; |
| 3. | Other matters determined and publicly notified by the Minister of Land, Infrastructure and Transport, which are related to maintenance of establishments. |
| (3) | A management authority shall, in the case of a public management authority, prepare and submit a report on the findings of maintenance to the competent central administrative agency or Mayor/Do Governor; and in the case of a private management authority, prepare and submit the same to the head of the competent Si/Gun/Gu, within 30 days from the date maintenance is completed pursuant to Article 41 (1) of the Act. |
| (4) | If the Minister of Land, Infrastructure and Transport determines that a report on the findings of maintenance, along with the underlying data, is of poor quality pursuant to Article 17 (3) of the Act which is applied mutatis mutandis pursuant to Article 41 (2) of the Act, he or she shall assign a rating, such as extremely poor, poor, or unsatisfactory, based on the level of poor performance, etc. <Newly Inserted on Jan. 7, 2020> |
| Article 30 (Guidelines for Maintenance and Performance Assessments) |
The guidelines for maintenance and performance assessments under Article 43 (1) of the Act (hereinafter referred to as "guidelines for maintenance and performance assessment") shall include the following: | 1. | Matters regarding the collection and examination of construction-related data required for maintenance and performance assessment, such as design drawings, specifications, and the specification of materials used; |
| 2. | Matters regarding the composition of those conducting maintenance and performance assessments; |
| 3. | Matters regarding the formulation and implementation of action plans for maintenance and performance assessment; |
| 4. | Matters regarding equipment for maintenance and performance assessment; |
| 5. | Matters regarding testing of materials necessary for maintenance and performance assessment; |
| 6. | Matters regarding setting the performance objectives of establishments; |
| 7. | Level of performance assessment based on the types of establishments; |
| 8. | Matters regarding the methods of inspection and assessment by item conducted as part of maintenance and performance assessment; |
| 9. | Matters regarding the preparation of a report on the findings of maintenance and performance assessment; |
| 10. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are necessary for conducting maintenance and performance assessment. |
| Article 31 (Standards for Calculating Performance Assessment Expenses) |
If the Minister of Land, Infrastructure and Transport intends to determine and publicly notify standards for calculating expenses necessary for performance assessment conducted by agents pursuant to Article 44 of the Act (hereinafter referred to as "standards for calculating performance assessment expenses"), he or she shall have a consultation with the Minister of Economy and Finance.
| Article 32 Deleted. <Dec. 1, 2020> |
| Article 33 Deleted. <Dec. 1, 2020> |
| Article 34 Deleted. <Dec. 1, 2020> |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 35 (Establishment and Operation of Integrated Information Management System for Establishments) |
| (1) | A person providing information on establishments falling under the subparagraphs of Article 55 (1) of the Act may, among other things, report, notify, and submit using the integrated information management system for establishments. |
| (2) | The Minister of Land, Infrastructure and Transport may verify and examine information on establishments, such as an establishment management plan, and a report on the findings of a safety inspection and of a full safety examination, of an emergency safety inspection, and of a performance assessment or maintenance, and critical defects which reported, notified or submitted under paragraph (1), to ensure the reliability and objectivity of information on the establishments. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the management, operation, etc. of the integrated information management system for establishments, including the criteria for entering data, procedures for verification, methods of storage, and disclosure of information shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 35-2 (Disclosure of Information to Secure Safety of Establishments) |
| (1) | Where the matters specified in the subparagraphs of Article 55-2 (1) of the Act are information on establishments that needs to be kept confidential for the sake of national defense or other security purposes, the Minister of Land, Infrastructure and Transport shall obtain consent from the head of the relevant central administrative agency or the management authority of the relevant establishments before disclosing information thereon. |
| (2) | The disclosure of information under Article 55-2 (1) of the Act shall be made by posting it on the integrated information management system for establishments. |
| 3. | Retaining walls and cut slopes; |
| 4. | Other establishments publicly notified by the Minister of Land, Infrastructure and Transport and disclosure of information concerning which is deemed necessary by the Minister for public safety, which is specified in the subparagraphs of Article 55-2 (1) of the Act. |
[This Article Newly Inserted on Apr. 20, 2021]
| Article 36 (Securing Budget for Safety Control and Maintenance of Establishments) |
The budget for the safety control and maintenance of establishments referred to in Article 57 of the Act shall be preferentially appropriated for, among other things, the repair, reinforcement, or replacement of the establishments that are deemed urgently needed based on the safety, functions, frequency of use, performance, etc. of the establishments.
| Article 37 (Scale of Damage) |
| 1. | Damage to an establishment requiring reconstruction due to collapse or fall; |
| 2. | Loss of human life, including at least three people dead or missing, or at least 10 casualties; |
| 3. | Other damage to establishments or loss of human life determined and publicly notified by the Minister of Land, Infrastructure and Transport, which warrants investigation. |
| Article 38 (Composition and Operation of Central Committee for Investigating Accidents involving Establishments) |
| (1) | The central committee for investigating accidents involving establishments under Article 58 (4) of the Act (hereinafter referred to as "central committee for investigating accidents involving establishments") shall be composed of up to 12 members, including one chairperson, who shall be appointed by the Minister of Land, Infrastructure and Transport from among the members. |
| (2) | Members of the central committee for investigating accidents involving establishments shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among any of the following persons: <Amended on Dec. 11, 2018> |
| 1. | A public official of Grade IV or higher who has engaged in business affairs related to the safety control and maintenance of establishments for at least two years; |
| 2. | A person who teaches or taught subjects in the field of safety control of establishments as associate professor or higher at a university or college for at least five years; |
| 3. | A person who, as a principal engineer or higher in the field of building, civil engineering, and safety control under the Construction Technology Promotion Act, works or worked in the field of safety control of establishments for at least 10 years; |
| 4. | Other persons with extensive knowledge of and experience in accident investigation. |
| (3) | The term of office of each member shall expire on the date a report on the findings of accident investigation under Article 41 (1) is submitted. |
| (4) | Meetings of the central committee for investigating accidents involving establishments shall be convened by the chairperson, and the proceedings of the committee shall be determined by the concurring vote of a majority of its members. |
| (5) | Articles 17-4 and 17-5 shall apply mutatis mutandis to the exclusion of, challenge to, and the recusal and dismissal of, members of the central committee for investigating accidents involving establishments. In such cases, the "deliberation committee" shall be construed as the "central committee for investigating accidents involving establishments". <Newly Inserted on Feb. 18, 2020> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the composition, operation, etc., the central committee for investigating accidents involving establishments shall be determined by the Minister of Land, Infrastructure and Transport. <Amended on Feb. 18, 2020> |
[Previous Article 39 moved to Article 17-4 <Feb. 18, 2020>]
| Article 40 (Composition and Operation of Committee for Investigating Accidents Involving Establishments) |
Articles 38 and 39 shall apply mutatis mutandis to the composition and operation of the committee for investigating accidents involving establishments under Article 58 (5) of the Act (hereinafter referred to as "committee for investigating accidents involving establishments"). In such cases, the "Minister of Land, Infrastructure and Transport" shall be construed as the "head of a central administrative agency or the head of a local government".
| Article 41 (Publication of Findings of Accident Investigation) |
| (1) | The central committee for investigating accidents involving establishments shall submit a report on the findings of accident investigation including the following to the Minister of Land, Infrastructure and Transport within 30 days from the date of completing the accident investigation: |
| 1. | Outline of the accident; |
| 2. | Analysis of the cause of the accident; |
| 3. | Results of measures taken and follow-up measures; |
| 4. | Other matters investigated and analyzed in relation to the accident. |
| (2) | The Minister of Land, Infrastructure and Transport shall publish the findings of accident investigation, including matters specified in paragraph (1) 1 through 4, on the website of the Ministry of Land, Infrastructure and Transport pursuant to Article 58 (7) of the Act. |
| (3) | The Minister of Land, Infrastructure and Transport shall make sure that the report on the findings of accident investigation submitted under paragraph (1) is utilized as a resource for preventing similar accidents by distributing it to relevant institutions. |
| (4) | Paragraphs (1) through (3) shall apply mutatis mutandis to matters regarding the submission, publication, and distribution of a report on the findings of accident investigation conducted by the committee for investigating accidents involving establishments. In such cases, the "central committee for investigating accidents involving establishments" shall be construed as the "committee for investigating accidents involving establishments"; the "Minister of Land, Infrastructure and Transport" as the "head of a central administrative agency or the head of a local government"; and the "Ministry of Land, Infrastructure and Transport" as "central administrative agency or a local government", respectively. |
| Article 42 (Publication of Findings of Inspection of Actual Status) |
| (1) | If the findings of an inspection of the actual status under Article 59 (1) of the Act fall under any of the following, the Minister of Land, Infrastructure and Transport, the head of the competent Ministry, or the head of a local government may publish the findings pursuant to paragraph (6) of that Article: |
| 1. | If measures, such as repair, reinforcement or restrictions on use, are urgently needed due to defects in an establishment; |
| 2. | If it is deemed that the safety of the general public may be at risk due to a failure to maintain an establishment conscientiously, in violation of the relevant statutes or regulations. |
| (2) | When publishing the findings of an inspection of the actual status pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport, the head of the competent Ministry, or the head of a local government shall include the following: |
| 1. | Name and location of the relevant establishment; |
| 2. | Safety conditions of the relevant establishment and the status of maintenance thereof by the management authority; |
| 3. | Matters requiring measures or correction; |
| 4. | Other matters necessary for the safety control and maintenance of the relevant establishment. |
| (3) | The publication under paragraph (1) shall be made on the website of the Ministry of Land, Infrastructure and Transport, the competent Ministry, or a local government, or in newspapers or by broadcasting. |
| Article 43 (Delegation of Authority and Entrustment of Business Affairs) |
| (1) | The Minister of Land, Infrastructure, and Transport shall delegate the following authority to the heads of regional offices of construction and management in accordance with Article 60 (1) of the Act: <Newly Inserted on Feb. 18, 2020; Apr. 20, 2021> |
| 1. | Receiving data related to establishment management plans under Article (6) 7 of the Act and requesting modification or supplementation of establishment management plans under the former part of paragraph (8) of that Article; |
| 3. | Conducting and requesting emergency safety inspections, notifying the findings thereof, issuing orders to take measures, and receiving reports on the findings thereof under the former part of Article 13 (2) of the Act, paragraphs (3) and (6) of that Article, and the former part of paragraph (7) of that Article; |
| 5. | Notifying inappropriateness of the findings of a full safety inspection or of a full safety examination; receiving a modified or supplemented report thereon; issuing orders to submit such report; and requesting modification or supplementation of the report, under Article 18 (3) through (5) of the Act; |
| 6. | Issuing orders to take necessary measures, such as repairing and reinforcing an establishment, and confirming notification under Article 24 (2) and (3) of the Act; |
| 13. | Matters regarding the imposition and collection of charges for compelling compliance under Article 61-2 of the Act; |
| 14. | Matters regarding the imposition and collection of administrative fines under Article 67 of the Act (limited to where necessary to handle the authority delegated pursuant to subparagraphs 1 through 12). |
| (2) | The Minister of Land, Infrastructure and Transport shall entrust the following business affairs to the Korea Authority of Land and Infrastructure Safety pursuant to Article 60 (2) of the Act: <Amended on Feb. 18, 2020; Dec. 1, 2020> |
| 1. | Reviewing findings of seismic performance assessments of establishments and recommending improving seismic performance of the relevant establishments under Article 12 (4) of the Act; |
| 2. | Evaluating findings of full safety inspections or full safety examinations and requesting submission of relevant data necessary for such evaluation under Article 18 (1) or (2) of the Act; |
| 3. | Conducting safety inspections or examinations of vulnerable small facilities, giving notice of the findings and information necessary for safety measures, and providing educational programs for safety control and maintenance under Article 19 (1), (2), or (9) of the Act; |
| 5. | Establishing and operating an integrated information management system for establishments under Article 55 (1) of the Act and verifying and inspecting information on establishments to ensure reliability and objectivity of information on the establishments under Article 35 (2) of this Decree; |
| 6. | Establishing and operating an information system regarding safety control of vulnerable small facilities under Article 55 (4) of the Act; |
| 7. | Business affairs regarding operation of the central committee for investigating accidents involving establishments under Article 58 (4) of the Act. |
| (3) | The head of an institution entrusted with the business affairs prescribed in paragraph (2) 2 (hereinafter referred to as "agency responsible for evaluating findings") shall determine cases where evaluations are conducted under the subparagraphs of Article 14 (1) and matters to be included in the evaluations under the subparagraphs of paragraph (2) of that Article, and the standards, methods, etc. for such evaluations and seek approval from the Minister of Land, Infrastructure and Transport. <Amended on Feb. 18, 2020> |
| (4) | The Minister of Land, Infrastructure and Transport shall publicly notify the details he or she approves pursuant to paragraph (3). <Amended on Feb. 18, 2020> |
[Title Amended on Feb. 18, 2020]
| Article 44 (Composition and Operation of Committee for Evaluating Full Safety Inspections or Full Safety Examinations) |
| (1) | The committee for evaluating full safety inspections or full safety examinations under Article 60 (3) of the Act (hereinafter referred to as "evaluation committee") shall be composed of not more than 300 members, including one chairperson and one vice chairperson. |
| (2) | Members of the evaluation committee shall be commissioned by the head of the agency responsible for evaluating findings, from among the following persons, with approval from the Minister of Land, Infrastructure and Transport; and the chairperson and the vice chairperson shall be appointed by the head of the agency responsible for evaluating findings from among the members: |
| 1. | Public officials of Grade IV or higher who work in a department related to the safety control and maintenance of establishments; |
| 2. | Executive officers or employees of organizations or research institutes related to the safety control and maintenance of establishments; |
| 3. | Other persons with extensive knowledge of and experience in business affairs relating to the safety control and maintenance of establishments. |
| (3) | The term of office of the chairperson, vice chairperson, and members of the evaluation committee shall be two years, and may be renewed only once. |
| (4) | Where necessary to efficiently operate the evaluation committee, a subcommittee for each field may be formed and operated in consideration of the functional and technical characteristics of establishments. |
| (5) | The chairperson or the vice chairperson of the evaluation committee may concurrently serve as the chairperson of a subcommittee, and matters deliberated on by a subcommittee shall be deemed deliberated on by the evaluation committee. |
| (6) | Article 17-4 shall apply mutatis mutandis to the exclusion of, challenge to, or recusal of, a member. In such cases, the "deliberation committee" shall be construed as the "evaluation committee". <Amended on Feb. 18, 2020> |
| (7) | Article 17-5 shall apply mutatis mutandis to the dismissal of members. In such cases, the "Minister of Land, Infrastructure and Transport" shall be construed as the "head of the agency responsible for evaluating findings"; and the "deliberation committee" shall be construed as the "evaluation committee", and the dismissal of any member shall require approval from the Minister of Land, Infrastructure and Transport. <Newly Inserted on Feb. 18, 2020> |
| (8) | Except as provided in paragraphs (1) through (7), details necessary for the composition, operation, etc., of the evaluation committee shall be determined by the head of the agency responsible for evaluating findings with approval from the Minister of Land, Infrastructure and Transport. <Amended on Feb. 18, 2020> |
| Article 45 (Imposition and Collection of Charges for Compelling Compliance) |
| (2) | When a prior notice of the intent to impose and collect a charge for compelling compliance is given to a relevant person in writing pursuant to Article 61-2 (2) of the Act, he or she shall be given an opportunity to state his or her opinion, orally or in writing (including in electronic form), within a specified period of at least 10 days. In such cases, if he or she fails to state his or her opinion by the designated deadline, he or she shall be deemed to have no opinion. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the procedures, etc. for imposing and collecting charges for compelling compliance under Article 61-2 of the Act shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Feb. 18, 2020]
[Previous Article 45 moved to Article 17-5 <Feb. 18, 2020>]
| Article 46 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
| 1. | The scope of Class I establishments and Class II establishments specified in Article 4 and attached Table 1: January 1, 2017; |
| 2. | Deleted; <Mar. 3, 2020> |
| 3. | Specialized technology that can be subcontracted specified in Article 22 (1) and attached Table 10: January 1, 2017; |
| 4. | Scope of establishments subject to performance assessment specified in Article 28 (1) and attached Table 13: January 18, 2018; |
| 5. | Scope of performance assessment specified in Article 28 (3) and attached Table 9: January 18, 2018. |
CHAPTER VIII PENALTY PROVISIONS
| Article 47 (Imposition of Administrative Fines) |
| (2) | If a Mayor/Do Governor or the head of a Si/Gun/Gu imposes and collects an administrative fine pursuant to paragraph (1) and attached Table 15, he or she shall notify the Minister of Land, Infrastructure and Transport of the details of the imposition and collection within 10 days: Provided, That where these details are entered into the integrated information management system for establishments, the Minister of Land, Infrastructure and Transport shall be deemed duly notified. <Newly Inserted on Feb. 18, 2020> |
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018: Provided, That matters regarding work experience requirements for engineers-in-charge which are prescribed in the amended provisions of attached Table 5 shall enter into force on January 1, 2019.
Article 2 (Applicability to Mid-Term Management Plans)
Pursuant to the amended provisions of Article 3 (4), a management authority of establishments subject to performance assessment shall formulate and implement a mid-term management plan beginning in the year following the year in which performance assessment is conducted after this Decree enters into force. Article 3 (Applicability to Submission of Drawings and Specifications)
Where any of the matters to be registered as provided in Articles 6
The amended provisions of Article 6 and attached Table 2 shall begin to apply to establishments newly designated as Class-II establishments pursuant to the amended provisions of subparagraph 5 (b) of attached Table 1 of the Enforcement Decree of the Special Act on the Safety Control of Establishments (Presidential Decree No. 26029) and which were under construction after obtaining authorization or permission or approval of business under relevant statutes or regulations as of January 1, 2016. Article 4 (Applicability to Timing for Conducting Performance Assessments)
Notwithstanding the amended provisions of Article 28 (2) and of attached Table 3, the management authority of the following establishments shall conduct the first performance assessment at the following times: | 1. | Class-I establishments: The timing for conducting a full safety examination after this Decree enters into force; |
| 2. | Class-II establishments: The timing for conducting a full safety inspection after this Decree enters into force. |
Article 5 (Transitional Measures concerning Timing for Conducting Full Safety Inspections)
Notwithstanding the amended provisions of Article 8 (2) and of attached Table 3, establishments newly designated as Class-II establishments pursuant to the amended provisions of subparagraph 5 (b) of attached Table 1 of the Enforcement Decree of the Special Act on the Safety Control of Establishments (Presidential Decree No. 26029) shall undergo the first full safety inspection by December 31, 2018 (December 31, 2019 for buildings). Article 6 (Transitional Measures concerning Qualifications of Engineers-in-Charge)
| (1) | A person qualified as an engineer-in-charge responsible for a full safety examination as of December 31, 2015 shall be deemed qualified as an engineer-in-charge responsible for a full safety examination under the amended provisions of subparagraph 3 of attached Table 5. |
| (2) | A person who meets the technical qualification requirements under the amended provisions of subparagraph 4 of attached Table 5 as at the time this Decree enters into force shall be deemed an engineer-in-charge responsible for performance assessment under the amended provisions of that subparagraph: Provided, That a person who fails to complete the educational requirements prescribed in the amended provisions of subparagraph 4 of attached Table 5 shall complete the relevant educational program within three months after this Decree enters into force. |
Article 7 Omitted.
Article 8 (Relationship to Other Statutes or Regulations)
A citation of the previous Enforcement Decree of the Special Act on the Safety Control of Establishments or the provisions thereof by other statutes or regulations as at the time this Decree enters into force shall be a citation of this Decree or corresponding provisions thereof in lieu of the previous Enforcement Decree of the Special Act on the Safety Control of Establishments or the provisions thereof, if such corresponding provisions exist herein.
ADDENDA <Presidential Decree No. 29360, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 13, 2018. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29617, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 30339, Jan. 7, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 3 (3), 13 (2), 21 (1) and (2), and subparagraph 14 of attached Table 10 shall enter into force on the date of its promulgation. Article 2 (Applicability to Determination of Poor Quality in Reports on Findings of Safety Inspections and Full Safety Examinations and Imposition of Administrative Fines)
| (1) | If reports on the findings of a safety inspection, of a full safety examination, of performance assessment, and of maintenance submitted before this Decree enters into force are determined to be of poor quality, they shall be assigned ratings, such as extremely poor, poor, or unsatisfactory, in accordance with the amended provisions of Article 13 (4), 28 (7), and 29 (4). |
| (2) | If reports on the findings of a safety inspection, of a full safety examination, of performance assessment, and of maintenance submitted before this Decree enters into force are assigned ratings, such as extremely poor, poor, or unsatisfactory under paragraph (1), an administrative fine shall be imposed in accordance with the amended provisions of subparagraph 2 (j) of attached Table 15. |
Article 3 (Transitional Measures concerning Evaluation of Findings of Full Safety Inspections or Full Safety Examinations and Administrative Dispositions)
| (1) | If the findings of full safety inspections or of full safety examinations are evaluated based on the report on the findings submitted before this Decree enters into force, a determination shall be made only as to whether the findings are of poor quality, notwithstanding the amended provisions of Article 14 (3). |
| (2) | If it is determined that the findings of full safety inspections or of full safety examinations, based on the reports thereof submitted before this Decree enters into force are of poor quality pursuant to paragraph (1), a disposition shall be made under the previous provisions, notwithstanding the amended provisions of subparagraph 2 (b) of attached Table 12. |
| (3) | Administrative dispositions (including administrative dispositions imposed pursuant to paragraph (2)) made due to poor performance of full safety inspections and full safety examinations before this Decree enters into force shall not be included in calculating the number of violations under the amended provision of subparagraph 2 (b) of attached Table 12. |
ADDENDA <Presidential Decree No. 30430, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 21, 2020: Provided, That the following amended provisions shall enter into force on the dates classified as follows:
| 1. | The amended provisions of Article 9: August 21, 2020; |
| 2. | Matters regarding the requirements for practical experience of engineers-in-charge responsible for full safety examinations in the field of construction, among the amended provisions of subparagraph 3 (b) of attached Table 5: February 21, 2023; |
Article 2 (Transitional Measures concerning Qualifications of Engineers-In-Charge)
A person qualified as an engineer-in-charge responsible for full safety examinations in the field of construction under subparagraph 3 (b) of attached Table 5 as of February 21, 2020 who is registered as an engineer-in-charge in the integrated information management system for establishments shall be deemed qualified as an engineer-in-charge responsible for full safety examinations in the field of construction under the amended provisions of subparagraph 3 (b) of attached Table 5.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30876, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 31012, Sep. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31211, Dec. 1, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31635, Apr. 20, 2021>
This Decree shall enter into force on April 21, 2021.
ADDENDUM <Presidential Decree No. 31985, Sep. 14, 2021>
This Decree shall enter into force on September 17, 2021.
ADDENDA <Presidential Decree No. 32274, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2021.
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 32995, Nov. 15, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Full Safety Inspection of Class-III Establishments)
The amended provisions of Article 8 (1) and of note 5-2 to attached Table 3 shall begin to apply where the relevant establishments are assigned a safety rating of D (insufficient) or E (poor) as a result of a periodic safety inspection conducted after this Decree enters into force.