ELECTRICAL CONSTRUCTION BUSINESS ACT
Wholly Amended by Act No. 5726, Jan. 29, 1999
Wholly Amended by Act No. 5726, Jan. 29, 1999
CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to seek the sound development of electrical construction business and secure the safe and adequate execution of electrical construction by providing for basic matters on electrical construction business and the execution, technical management and contract of electrical construction.
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| Article 2 (Definitions) |
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For the purposes of this Act, the definitions of terms shall be as follows:
| 1. | The term “electrical construction” means any work of installing, maintaining or repairing equipment, etc. hereunder and any incidental work thereto as determined by the Presidential Decree: |
| (b) | Electric measuring equipment for using electric power at powerusing places; and |
| (c) | Signal mark by electricity; |
| 2. | The term “construction business” means electrical construction business referred to in subparagraph 1 carried on as a business without distinction of contract or any other name; |
| 3. | The term “constructor” means any person who has registered construction business pursuant to Article 4 (1); |
| 4. | The term “employer” means any person who gives a contract for electrical construction to a constructor: Provided, That this shall exclude a contractor, who subcontracts his contracted electrical construction; |
| 5. | The term “contract” means any contract by which one party agrees to complete any electrical construction, without distinction of original contract, subcontract, consignment or other name, and the other party agrees to pay the price for the result of such work; |
| 6. | The term “subcontract” means any contract which the contractor concludes with another constructor for all or part of his contracted electrical construction; |
| 7. | The term “contractor” means any constructor who receives a contract for electrical construction from an employer; |
| 8. | The term “subcontractor” means any constructor who receives a subcontract for electrical construction from a contractor; and |
| 9. | The term “electrical construction engineer” means any person hereunder, who is determined by the Presidential Decree: |
| (a) | A person who has obtained technical qualifications in the field of electricity; and |
| (b) | A person with a given academic career and experience in the field of electricity. |
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| Article 3 (Restrictions, etc. on Electrical Construction) |
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| (1) | No electrical construction shall be contracted or executed by any person unless he is a constructor: Provided, That this shall not apply to minor electrical construction as determined by the Presidential Decree. |
| (2) | Notwithstanding the provisions of the main sentence of paragraph (1), any person hereunder may do directly electrical construction on his own demand, which is determined by the Presidential Decree: |
| 2. | A local government; and |
| 3. | A person who has obtained permission pursuant to Article 5 (1). |
| (3) | The provisions of Articles 16, 17 (excluding notification), and 22, and subparagraphs 2, 3, 4 (excluding notification) and 5, of Article 27 shall apply mutatis mutandis to electrical construction directly done pursuant to paragraph (2). |
CHAPTER Ⅱ REGISTRATION, ETC. OF CONSTRUCTION BUSINESS
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| Article 4 (Registration of Construction Business) |
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| (1) | Any person who intends to carry on construction business shall register with the Minister of Commerce, Industry and Energy. |
| (2) | Any person who intends to register construction business referred to in paragraph (1) shall be equipped with technical capacity and capital stock as determined by the Presidential Decree. |
| (3) | The Minister of Commerce, Industry and Energy shall, on receipt of registration of construction business pursuant to paragraph (1), shall issue a certificate of registration and a registration pocketbook. |
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| Article 5 (Disqualifications) |
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Any person who falls hereunder shall not register construction business referred to in Article 4 (1): | 1. | A person of incompetence or quasi-incompetence; |
| 2. | A person who has been adjudicated bankrupt but not yet reinstated; |
| 4. | A person who has been sentenced to a suspended sentence of imprisonment without prison labor for a violation of a crime referred to in subparagraph 3 and under the period of its stay; |
| 5. | A person for whom two years have not passed since his registration was cancelled pursuant to Article 28 (1). In this case where a person who has his registration of construction business cancelled is a corporation, it shall include the representative and a person who performs an act causative of a cancellation at the time of such cancellation; and |
| 6. | A corporation which has a person falling under any of subparagraphs 1 through 5, among its officers. |
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| Article 6 (Continued Construction after Subject to Disposition of Operation Suspension) |
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| (1) | Any constructor or his general successor who has been subject to a disposition of cancellation of registration or a disposition of operation suspension referred to in Article 28 (1) may continue to execute any started electrical construction for which he concluded a contract for work or obtained permission or authorization, etc. pursuant to related Acts prior to his receipt of such disposition. In this case, where the constructor or his general successor continues electrical construction, he shall be deemed a constructor until he completes such electrical construction. |
| (2) | Any constructor or his general successor who has been subject to a disposition of cancellation of registration or a disposition of operation suspension referred to in Article 28 (1) shall notify promptly the contents of the disposition to the employer and contractor of such electrical construction. |
| (3) | Except in special circumstances, the employer and contractor of electrical construction may terminate a contract for work within thirty days from the date on which he receives a notification referred to in paragraph (2) from the constructor or knows such fact. |
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| Article 7 (Transfer and Takeover, etc. of Construction Business) |
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| (1) | Where a constructor dies or transfers his construction business or there takes place a merger of constructors which are corporations, the successor to and transferee of his construction business, or a corporation which continues to exist after a merger or is established due to a merger shall succeed to the status as constructor. |
| (2) | The provisions of Article 5 shall apply mutatis mutandis to the successor referred to in paragraph (1). |
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| Article 8 (Restrictions on Transfer of Construction Business) |
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| (1) | No constructor shall transfer electrical construction under way, if any, in transferring his construction business, unless he transfers it along with his rights and duties which come with a contract for electrical construction under way with the employer’s consent or until he terminates such contract for electrical construction. |
| (2) | Any constructor shall transfer electrical construction, which he completed and which is under its warranty period, along with the rights and duties on defect repair in transferring his construction business. |
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| Article 9 (Report, etc. on Changes in Registered Matters) |
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| (1) | If any changes in important matters as determined by the Presidential Decree from among registered matters are made, any constructor shall report such fact to the Minister of Commerce, Industry and Energy. |
| (2) | Any constructor shall, on closing construction business, report the fact to the Minister of Commerce, Industry and Energy. |
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| Article 10 ( Ban, etc. on Loan of Certificate, etc. of Construction Business Registration) |
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No constructor shall have another person receive or execute electrical construction by allowing the latter the use of his name or tradename or shall lend his certificate of registration or registration pocketbook to the latter.
CHAPTER Ⅲ CONTRACT AND SUBCONTRACT
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| Article 11 (Separate Orders for Electrical Construction) |
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Any electric construction shall be placed an order separately from a construction of other type of business: Provided, That this shall not apply in special circumstances as determined by the Presidential Decree.
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| Article 12 (Contract, etc. for Electric Construction) |
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| (1) | Contracting parties to a contract or a subcontract shall specify a contract for work, amount, term of works, or other matters as determined by the Presidential Decree in written contracts and deliver mutually and safekeep such signed and sealed written contracts. |
| (2) | Any constructor shall keep an electrical construction contract book which enters matters on contracts, subcontracts and their execution on such terms and conditions as the Ministerial Decree of Commerce, Industry and Energy may determine. |
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| Article 13 (Ban on Additional Restrictions on Qualifications for Receiving Contracts) |
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Except as otherwise provided in this Act and other Acts, the employer which is the State, a local government or a government-invested institution shall not put restrictions on qualifications for receiving contracts for a constructor.
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| Article 14 (Restrictions, etc. on Subcontracts) |
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| (1) | No constructor shall give a subcontract for his contracted electrical construction to other constructors: Provided, That he may give a subcontract for his contracted electrical construction to other constructors only where the Presidential Decree may determine. |
| (2) | No subcontractor shall give a subcontract for his contracted electrical construction anew to other constructors: Provided, That this shall not apply in cases where the installed section of electrical equipment and appliances is included in his subcontracted electrical construction and the constructor who supplies electrical equipment and appliances does electrical construction to install the supplied electrical equipment and appliances. |
| (3) | Where any constructor intends to give a subcontract for his contracted electrical construction pursuant to the proviso of paragraph (1), he shall notify in advance his intention to the employer of such electrical constructor. |
| (4) | Where any subcontractor intends to give a subcontract for his subcontracted electrical construction anew pursuant to the proviso of paragraph (2), he shall notify in advance his intention to the employer and contractor of such electrical construction. |
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| Article 15 (Request, etc. for Replacement of Subcontractors) |
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| (1) | The employer or contractor who receives a notification referred to in Article 14 (3) or (4) may request the contractor or subcontractor to replace the subcontractor or subcontracted constructor anew by specifying the reasons therefor as deems inappropriate that the subcontractor or subcontracted constructor anew does such electrical construction. |
| (2) | The employer or constructor may terminate a contract or a subcontract for electrical construction as deems that it threatens to create important effects on the result of electrical construction due to the contractor or subcontractor’s failure to comply with a request referred to in paragraph (1) without any justifiable cause. |
CHAPTER Ⅳ EXECUTION AND TECHNICAL MANAGEMENT
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| Article 16 (Execution Management of Electrical Construction) |
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| (1) | No constructor shall have a person other than an electrical construction engineer manage the execution of electrical construction. |
| (2) | Any constructor shall have an electrical construction engineer manage the execution of electrical construction by size of electrical construction according to the classification as determined by the Presidential Decree. |
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| Article 17 (Designation of Person in Charge of Execution Management) |
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Any constructor shall designate a person in charge of execution management from among electrical construction engineers referred to in Article 16 (2) and notify it to the employer (employer and contractor where the constructor is a subcontractor, and employer, contractor and subcontractor where the constructor is a subcontracted person anew) of such electrical construction.
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| Article 18 (Duties of Electrical Construction Engineers) |
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Any electrical construction engineer shall manage the execution of electrical construction to conform to this Act, the technical standards referred to in Article 39 of the Electricity Business Act (hereinafter referred to as “technical standards”) and design plans so that any danger and injury incidental to electrical construction may not occur.
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| Article 19 (Education and Training for Training Electrical Construction Engineers) |
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| (1) | The Minister of Commerce, Industry and Energy may have educational and training institutions designated by the Minister of Commerce, Industry and Energy for smooth supply and demand of electrical construction engineers and safe execution (hereinafter referred to as “designated educational and training institutions”) carry out education and training for training electrical construction engineers. |
| (2) | The requirements for designation of and supervision over educational and training institutions and the kinds of people subject to and contents of educational and training for training electrical construction engineers referred to in paragraph (1) shall be determined by the Presidential Decree. |
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| Article 20 (Report of Changes on Designated Contents) |
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Where any changes in important matters as determined by the Ministerial Decree of Commerce, Industry and Energy from among the designated contents are made, any designated educational and training institution shall report such fact to the Minister of Commerce, Industry and Energy within the period as determined by the Ministerial Decree of Commerce, Industry and Energy.
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| Article 21 (Cancellation of Designation as Educational and Training Institutions) |
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Where any designated educational and training institution falls hereunder, the Minister of Commerce, Industry and Energy may cancel its designation:
| 1. | Where it falls short of the requirements for designation referred to in Article 19 (2); and |
| 2. | Where it cannot carry out its educational and training activities due to its discontinuance of three or more months. |
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| Article 22 (Execution of Electrical Construction) |
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Any constructor shall execute electrical construction in his execution to conform to this Act, technical standards and design plans.
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| Article 23 (Restrictions on Marking of Constructors) |
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No person other than constructors shall mark that he is a constructor or that he is likely to be mistaken for a constructor in his business place or advertising matters, etc.
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| Article 24 (Posting, etc. of Electrical Construction Signs) |
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| (1) | Any constructor shall post a sign stating the executor, the contents of electrical construction and other matters as determined by the Ministerial Decree of Commerce, Industry and Energy at a conspicuous place of the electrical construction field. |
| (2) | Where any constructor completes his contracted electrical construction, he shall affix a signboard stating the executor, the contents of electrical construction or other matters as determined by the Ministerial Decree of Commerce, Industry and Energy to a switchboard or install it on the section which can be easily checked. |
CHAPTER Ⅴ CONSTRUCTORS’ ORGANIZATIONS
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| Article 25 (Establishment of Constructors’ Organizations) |
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| (1) | Constructors may establish a constructors’ organization for the maintenance of their dignity, technical improvement, improvement of execution method of technical construction or sound development of construction business on authorization by the Minister of Commerce, Industry and Energy. |
| (2) | A constructors’ organization shall be a corporation. |
| (3) | A constructors’ organization shall come into existence on its registration. |
| (4) | The matters necessary for the establishment of and supervision over constructors’ organization shall be prescribed by the Presidential Decree. |
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| Article 26 (Application Mutatis Mutandis of Civil Act) |
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Except as provided for in this Act, the provisions on incorporated association in the Civil Act shall apply mutatis mutandis in respect of constructors’ organizations.
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| Article 27 (Corrective Order, etc.) |
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Where a constructor falls hereunder, the Minister of Commerce, Industry and Energy shall give him a corrective order or other necessary instructions by specifying a period:
| 1. | Where he gives a subcontract or gives a subcontract anew in violation of the main sentence of Article 14 (1) or (2); |
| 2. | Where he has a person other than an electrical construction engineer manage the execution of electrical construction in violation of Article 16 (1); |
| 3. | Where it is deemed that the electrical construction engineer who manages the execution of electrical construction pursuant to Article 16 (2) is inappropriate; |
| 4. | Where he fails to designate a person in charge of execution management referred to in Article 17 or fails to notify the fact of such designation; |
| 5. | Where he fails to execute construction to conform to this Act, technical standards and design plans in violation of Article 22; |
| 7. | Where he fails to execute his contracted electrical construction without any justifiable cause; or |
| 8. | Where he violates this Act or an order under this Act. |
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| Article 28 (Cancellation, etc. of Registration) |
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| (1) | Where any constructor falls hereunder, the Minister of Commerce, Industry and Energy may cancel his registration or suspend his operations by specifying a period of not more than six months: Provided, That where he falls under subparagraph 1, 3, 4, 7 or 8, the Minister of Commerce, Industry and Energy shall cancel his registration: |
| 1. | Where he makes a registration referred to in Article 4 (1) by fraud or other illegal means; |
| 2. | Where he falls short of technical capacity and capital stock as determined by the Presidential Decree pursuant to Article 4 (2); |
| 3. | Where he falls under any of subparagraphs of Article 5; |
| 5. | Where he fails to fulfill a corrective order or instructions referred to in Article 27; |
| 6. | Where he falls under subparagraphs 1 through 5 of Article 27 and it is impossible to give him a corrective order or instructions referred to in the said Article as such electrical construction is completed; |
| 7. | Where he fails to start business within one year after his registration of construction business or discontinues his construction business for not less than one year on end; and |
| 8. | Where he carries on operations during the period of a disposition of operation suspension or he has been subject to dispositions of operation suspension for three times or more in recent five years. |
| (2) | Where any of the following persons falls hereunder, the provisions of paragraph (1) shall not apply for six months from the date on which he falls under subparagraph 6 of Article 5 or his succession begins: |
| 1. | Where a corporation falls under subparagraph 6 of Article 5; and |
| 2. | Where the successor to the status of construction business falls under any of subparagraphs 1 through 5 of Article 5. |
| (3) | Where a constructor fails to fulfil a corrective order or instructions referred to in subparagraph 2 through 5 or 8 of Article 27 although he was given such corrective order or instructions pursuant to the said provisions or it gives the people much inconvenience or it is threatening to impair public interests for taking a disposition of operation suspension as he falls under paragraph (1) 2, the Minister of Commerce, Industry and Energy imposes a surcharge not exceeding ten million won in lieu of a disposition of operation suspension. |
| (4) | Where a person who is liable to pay a surcharge referred to in paragraph (3) fails to pay it with the time limit for payment, he shall collect it pursuant to the example of dispositions on default of national taxes. |
| (5) | The standards for administrative dispositions and an amount of surcharge pursuant to the type and severity, etc. of offense in taking administrative dispositions pursuant to paragraph (1) or imposing a surcharge pursuant to (3) shall be determined by the Ministerial Decree of Commerce, Industry and Energy. |
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| Article 29 (Request for Measures by Interested Persons) |
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Where a constructor has a fact falling under any of subparagraphs of Article 27, any interested person may request the Minister of Commerce, Industry and Energy to take adequate measures against the constructor by specifying the reasons therefor.
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| Article 30 (Hearing) |
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Where the Minister of Commerce, Industry and Energy intends to take any disposition hereunder, he shall hold a hearing:
| 1. | Cancellation of designation as designated educational and training institutions referred to in Article 21; and |
| 2. | Cancellation of registration of construction business referred to in Article 28 (1). |
CHAPTER Ⅶ SUPPLEMENTARY PROVISIONS
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| Article 31 (Integrated Management, etc. of Construction BusinessRelated Information) |
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| (1) | The Minister of Commerce, Industry and Energy may manage the following information synthetically and provide it to the employer and associated enterprises of electrical construction who need it: |
| 1. | Information on constructors such as constructors’ capital stock, actual conditions of management, status on progress of construction, status, etc. on technical manpower pool; and |
| 2. | Electrical construction-related information such as materials necessary for electrical construction. |
| (2) | The Minister of Commerce, Industry and Energy may request any constructor, employer, related institution and organization, etc. to submit necessary data for integrated management of information referred to in paragraph (1) on such terms and conditions as the Ministerial Decree of Commerce, Industry and Energy may determine. |
| (3) | Where an application is made by a constructor so that the employer can select any adequate constructor, the Minister of Commerce, Industry and Energy shall evaluate and give public notice of execution capacity based on the actual results of electrical construction, capital stock, technical capacity and confidence of the constructor. |
| (4) | Any constructor who intends to have his execution capacity referred to in paragraph (3) evaluated and given public of shall report every year the actual results of electrical construction and capital stock for the previous year and other matters as determined by the Ministerial Decree of Commerce, Industry and Energy to the Minister of Commerce, Industry and Energy. |
| (5) | The evaluation of execution capacity and method of public notice referred to in paragraph (3) or other necessary matters shall be determined by the Ministerial Decree of Commerce, Industry and Energy. |
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| Article 32 (Delegation and Entrustment of Authority) |
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| (1) | Part of the Minister of Commerce, Industry and Energy’s authority granted under this Act may be delegated to the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as “the Mayor/Do governor”) on such terms and conditions as the Presidential Decree may determine. |
| (2) | The following business of the Minister of Commerce, Industry and Energy’s authority granted under this Act may be entrusted to the constructors’ organization: |
| 1. | Receipt of application for registration referred to in Article 4 (1); |
| 2. | Receipt of report on changes in registered matters referred to in Article 9 (1); |
| 3. | Integrated management and provision of information referred to in Article 31 (1); |
| 4. | Request for submission of data referred to in the former sentence of Article 31 (2); |
| 5. | Evaluation and public notice of constructors’ execution capacity referred to in Article 31 (3); and |
| 6. | Receipt of report referred to in Article31 (4). |
| (3) | The business on electrical construction engineers of the Minister of Commerce, Industry and Energy granted under this Act may be entrusted to any constructors’ organization or any corporation or organization which manages electrical construction engineers on such terms and conditions as the Presidential Decree may determine. |
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| Article 33 (Fiction, etc. of Public Officials in Application of Penal Provisions) |
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| 1. | Officers and employees of any designated educational and training institutions; and |
| 2. | Officers and employees of any constructors’ organization or a corporation or organization which manages electrical construction engineers, engaged in their entrusted business pursuant to Article 32 (2) or (3). |
| (2) | The officers and employees of any constructors’ organization shall, in the performance of their entrusted business pursuant to Article 32 (2), not force any constructor to join the constructors’ organization or shall not receive money except commission fees referred to in subparagraphs 4 and 5 of Article 35. |
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| Article 34 (Ban on Seizure of Wages) |
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| (1) | No amount equivalent to wages payable to the construction worker from among contract amount for a constructor’s contracted electrical construction shall be seized. |
| (2) | The scope and calculating method of an amount equivalent to wages listed in paragraph (1) shall be determined by the Presidential Decree. |
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| Article 35 (Commission Fees) |
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Any person falling hereunder shall pay commission fees on such terms and conditions as the Ministerial Decree of Commerce, Industry and Energy may determine:
| 1. | A person who intends to be recognized as an electrical construction engineer referred to in subparagraph 9 (b) of Article 2; |
| 2. | A person who intends to register construction business referred to in Article 4 (1); |
| 3. | A person who intends to receive education and training referred to in Article 19 (1); |
| 4. | A person who intends to be provided with information referred to in 31 (1); and |
| 5. | A person who makes an application to have his execution capacity evaluated and given notice of pursuant to Article 31 (3) and a person who uses publicly notified information. |
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| Article 36 (Non-Disclosure of Secrets) |
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No constructor shall disclose secrets he learnt about the electrical construction if the employer requests that the contents of such electrical construction be kept secret.
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| Article 37 (Non-Disclosure of Facts Learnt in Discharge of Functions) |
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No person hereunder shall disclose any facts prejudicial to constructor from among the constructor’s business and financial standing they learnt in the discharge of their functions to others:
| 1. | Public official engaged in the registration and supervisory operations under this Act; |
| 2. | Officers and employees of designated educational training institutions; and |
| 3. | Officers and employees of constructor’s organizations or corporations or organizations which manage electrical construction engineers engaged in entrusted business referred to in Article 32 (2) or (3). |
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| Article 38 (Policy for Promotion of Construction Business) |
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| (1) | The Minister of Commerce, Industry and Energy may establish and enforce a policy for promotion, necessary for the sound development of construction business. |
| (2) | A policy for promotion referred to in paragraph (1) shall include: |
| 1. | Basic directions of a policy for promotion of construction business; |
| 2. | Development of electrical construction technology; |
| 3. | Measures for training small and medium constructors; |
| 4. | Measures for securing safety and quality on electrical construction; and |
| 5. | Major policies relating to subparagraphs 1 through 4. |
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| Article 39 (Measures for Support for Small and Medium Constructors) |
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| (1) | The Minister of Commerce, Industry and Energy may request the State, a local government, or a government-invested institution which places an order for electrical construction to give small and medium constructors more opportunities to participate therein or take other necessary measures as necessary to support small and medium constructors. |
| (2) | The State, a local government, or a government-invested institution shall, upon receipt of a request referred to in paragraph (1), cooperate in it unless there exists any special cause. |
CHAPTER Ⅷ PENAL PROVISIONS
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| Article 40 (Penal Provisions) |
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| (1) | Any person who, designated as a constructor or a person in charge of execution management pursuant to Article 17, invites the public danger by causing serious damage to the main parts of major power installations as determined by the Presidential Decree within the defect warranty period after starting any electrical construction by executing it in violation of Article 18 or 22 shall be punished by imprisonment for not more than five year. |
| (2) | Where he causes the injury of another for committing a crime listed in paragraph (1), he shall be punished by imprisonment for a definite term of one year or more, and where he causes the death of another, he shall be punished by imprisonment for a definite term of three years or more. |
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| Article 41 (Penal Provisions) |
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| (1) | A person who commits by malpractice a crime referred to in Article 40 (1) shall be punished by imprisonment without prison labor for not more than three years or a fine not exceeding thirty million won. |
| (2) | A person who commits by malpractice a crime referred to in Article 40 (1), thereby causing injury to another person, shall be punished by imprisonment without prison labor for not more than five years or a fine not exceeding fifty million won, and a person who commits by malpractice the said crime, thereby causing death, shall be punished by imprisonment without prison labor for not more than seven years or a fine not exceeding seventy million won. |
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| Article 42 (Penal Provisions) |
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Any person falling hereunder shall be punished by imprisonment for not more than one year or a fine not exceeding ten million won:
| 1. | A person who carries on construction business without any registration referred to in Article 4 (1); |
| 2. | A person who makes a registration referred to in Article 4 (1) by fraud or other illegal means; |
| 3. | A constructor who violates Article 10 and his other party; |
| 4. | A person who gives a subcontract or a new subcontract in violation of the main sentence of Article 14 (1) or (2) and his other party; and |
| 5. | A person who carries on operations during the period of a disposition of operation suspension referred to in Article 28 (1). |
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| Article 43 (Penal Provisions) |
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Any person falling hereunder shall be punished by a fine not exceeding five million won:
| 1. | A person who violates Article 16 (including cases where applied mutatis mutandis under Article 3 (3)); |
| 2. | A person who fails to designate a man in charge of execution management referred to in Article 17 (including cases where applied mutatis mutandis under Article 3 (3)); |
| 3. | An electrical construction engineer who fails to manage the execution to conform to this Act, technical standards and design plans in violation of Article 18; and |
| 4. | A person who fails to manage the execution to conform to this Act, technical standards and design plans in violation of Article 22 (including cases where applied mutatis mutandis under Article 3 (3)). |
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| Article 44 (Penal Provisions) |
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Any person falling hereunder shall be punished by a fine not exceeding three million won:
| 1. | A person who receives money besides commission fees in violation of Article 33 (2); |
| 2. | A constructor who discloses secrets he learnt about any electrical construction in violation of Article 36; and |
| 3. | A person who discloses facts he learnt in the discharge of his functions in violation of Article 37. |
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| Article 45 (Joint Penal Provisions) |
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Where the representative of a corporation or an agent, a servant or other employee of a corporation or an individual commits an offense listed in Articles 40 through 44 in respect of the business of such corporation or individual, a fine listed in respective Articles shall be imposed on the corporation or individual in addition to the punishment of the offender.
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| Article 46 (Fine for Negligence) |
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| (1) | Any person falling hereunder shall be punished by a fine for negligence not exceeding three million won: |
| 1. | A constructor who fails to make a notification referred to in Article 6 (2) or his successor; |
| 2. | A person who fails to make a report referred to in Article 9 or makes a false report; |
| 4. | A person who fails to keep an electrical construction contract book referred to in Article 12 (2); |
| 5. | A person who fails to make a notification referred to in Article 14 (3) or (4); |
| 6. | A person who fails to notify the fact of his being designated as a person in charge of execution management referred to in Article 17; |
| 7. | A person who marks that he is a constructor or that he is likely to be mistaken for a constructor in violation of Article 23; |
| 8. | A person who fails to post a sign in violation of Article 24 (1) or a person who fails to affix or install a signboard referred to in paragraph (2) of the said Article; and |
| 9. | A person who makes a false report referred to in Article 31 (4). |
| (2) | A fine for negligence referred to in paragraph (1) shall be imposed and collected by the Minister of Commerce, Industry and Energy or the Mayor/Do governor (hereinafter referred to as “the imponent”) on such terms and conditions as the Presidential Decree may determine. |
| (3) | Any person who is dissatisfied with a disposition of fine for negligence referred to in paragraph (2) may make an objection within thirty days from the date of receipt of notice for such disposition. |
| (4) | Where any person who has been subject to a disposition of fine for negligence referred to in paragraph (2) makes an objection pursuant to paragraph (3), the imponent shall notify promptly such fact to the competent court, and the competent court which receives such notification shall bring a fine for negligence to trial under the Non-Contentious Litigation Case Procedure Act. |
| (5) | Where no objection is made and no fine for negligence is paid within the period referred to in paragraph (3), it shall be collected pursuant to the example of dispositions on default of national or local taxes. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Article 2 (Transitional Measures on License for Construction Business)
Any person who has obtained a license for construction business pursuant to the former provisions at the time of the entry into force of this Act shall be deemed to have registered construction business.
Article 3 (Transitional Measures on Disqualifications for Constructors)
Where any constructor who has obtained a license pursuant to the former provisions at the time of the entry into force of this Act anew falls under disqualifications referred to in amendments to subparagraphs 3 through 5 of Article 5 for any cause occurred prior to the entry into force of this Act, he shall be governed, for two years from the date of entry into force of this Act, by the former provisions. Article 4 (Transitional Measures on Korea Electrical Contractors Association)
The Korea Electrical Contractors Association established pursuant to the former provisions at the time of the entry into force of this Act shall be deemed the constructors’ organization established pursuant to this Act.
Article 5 (Transitional Measures on Previous Acts)
The application of administrative dispositions and penal provisions to acts committed prior to the entry into force of this Act shall be governed by the former provisions.
Article 6 Omitted.
Article 7 (Relationship with Other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes cite the provisions of the former Electrical Construction Business Act at the time of the entry into force of this Act, they shall be deemed to cite the corresponding provisions of this Act if it includes such corresponding provisions.
Last updated : 2009-07-26