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ENFORCEMENT DECREE OF THE CONSTRUCTION TECHNOLOGY MANAGEMENT ACT

The Ministry of Land, Transportation and Maritime Affairs (Technology Policy Division) (02) 2110 - 8376

Chapter 1 General Provisions

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters delegated by the Construction Technology Management Act and those necessary to the enforcement thereof.

Article 2 Deleted

Article 3 (Scope of Other Construction Technology) "Other matters concerning construction work as determined by Presidential Decree" in Item (h) of Subparagraph 2 of Article 2 of the Construction Technology Management Act (hereinafter referred to as the "Act") refer to matters of the following subparagraphs:

1. Feasibility study on construction technologies;

2. Processing of information concerning construction technologies using computer system; and

3. Estimates on construction works. [Wholly amended on Jul. 21, 1997]

Article 3-2 (Scope of the Contracting Authority)

"The head of other institution as determined by Presidential Decree" in Subparagraph 5 of Article 2 of the Act means heads of institutions of the following subparagraphs:

1. An institution of which the state or local government has invested;

2. An institution that implements projects entrusted by the state, local government, or public institutions or quasi-government agencies under Article 5 of the Act on Operation of Public Institutions (hereinafter referred to as the "public institutions or quasi-government agencies");

3. An institution that implements projects for facilities to be managed by the state, local government, public institutions or quasi-government agencies pursuant to relevant laws and ordinances;

4. An institution that has obtained a license for reclamation of public waters pursuant to the Public Waters Reclamation Act;

5. An institution that implements project for infrastructure under Article 2 (1) of the Private Participation in Infrastructure or a person that has been entrusted with implementation of the project from an institution that implements projects for infrastructure: Provided that a person to be entrusted with implementation of the project shall be limited to a person who has invested more than half of the capital of the project implementer and has obtained the approval of the central administrative organ concerned for becoming the contracting authority;

6. Power generation business under Subparagraph 4 of Article 2 of the Electric Utility Act; and

7. An institution that has been designated as an implementer of new harbor construction project pursuant to Article 7 of the New Harbor Construction Promotion Act.

[This Article Newly Inserted on Aug. 4, 1995]

Article 4 (Scope of Construction Engineer)

"A person who is recognized by Presidential Decree" in Subparagraph 8 of Article 2 of the Act means a person as specified in Table 1.

[This Article Newly Inserted on Dec. 31, 1993]

Article 4-2 (Division of the Responsible Supervision) "The wholly responsible supervision" in Subparagraph 9 of Article 2 of the Act means responsible supervision over the total works of a contract and "the partial responsible supervision" in the same subparagraph means responsible supervision over a part of works of a contract.

[This Article Newly Inserted on Dec. 31, 1993]

Article 5 (Formulation of the Master Plan for Improvement of Construction Technology)

(1) The master plan for improvement of construction technology shall be formulated every five years. (2) The Minister of Land, Transportation and Maritime Affairs shall, when he/she has formulated the master plan for improvement of construction technology under Article 3 (1) of the Act, prepare the guidelines for formulation of a detail plan for enforcement thereof in consultation with the heads of central administrative organs concerned and notify it to the heads of administrative organs concerned.

(3) The head of the respective administrative organ shall formulate a detail plan for enforcement of the field under his/her jurisdiction according to the guidelines under Paragraph 2 each year and submit it to the Minister of Land, Transportation and Maritime Affairs by the last day of January.

(4) "The case of modification of the contracts as prescribed by Presidential Decree" in the latter part of Article 3 (3) of the Act means cases falling under any one of the following subparagraphs in respect to the matters specified in subparagraphs 2 through 5 of Article 3 (2) of the Act:

1. The modification of project period in excess of two years; or

2. Modification of the total project costs by more than 10/100 of the originally planned costs.

Article 6 Deleted

Article 7 (Education for Construction Engineers and Supervisors) (1) Construction engineers and supervisors falling under any one of the following subparagraphs shall receive training under Article 6 (2) of the Act. Persons who have received training of similar contents according to provisions of the Industrial Safety and Health Act and other laws and subordinate statutes, however, shall be exempt from the concerned part of training under the conditions as prescribed by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

1. Construction engineers who are engaged in housing construction project or land development project under the Hosing Act;

2. Construction engineers who are engaged in the construction industry under the Framework Act on the Construction Industry;

3. Construction engineers who have been employed by and work for the specialized institution for quality inspection under Article 25(1) of the Act;

4. Construction engineers who work at architects' office under the Certified Architects Act;

5. Construction engineers who are engaged in construction-related engineering activities under the Engineering Technology Promotion Act;

6. Construction engineers who work at engineers' office for construction- related field under the Professional Engineer Act;

7. Construction engineers who belong to and work at the Korea Infrastructure Safety and Technology Corporation (hereinafter referred to as the "KISTEC") and specialized safety inspection institutions under the Special Act on the Safety Control of Public Structures;

8. Construction engineers who are engaged in the surveying industry under Article 39 of the Land Survey Act; or

9. Deleted (Jan. 21, 1999);

10. Supervisors who work at specialized construction supervising firms under Article 53.

(2) Types and contents of the education to be given to the construction engineers and supervisors pursuant to Article 6(2) of the Act shall be as follows:

1. Basic education: Education in basic knowledge required for construction engineers and supervisors, and education for enhancement of understanding on construction-related laws and subordinate statutes, and systems; and

2. Technical education: Education to improve technical ability for the respective fields.

(3) Construction engineers and supervisors shall be divided and educated according to the criteria of the following subparagraphs:

1. Construction Engineer; a. A construction engineer shall receive basic education and technical education during the period after he/she has become a construction engineer (excluding the special-class engineer under Table 1) for the first time and before the period of his/her actual service in any area of subparagraphs of Paragraph 1 passes three years. b. A construction engineer who has met requirements for a certain qualification and career as a construction engineer shall receive technical education when he/she desires to acquire a technical grade higher than the current grade. c. A special-class engineer shall receive the technical education every three years of his/her actual service in the field of construction work that includes class 1 or class 2 structures under subparagraphs 2 and 3 of Article 2 of the Special Act on the Safety Control of Public Structures or services such as design within six months before and after the day on which the three years of service falls: Provided, that the special- class engineer who has received the education under Article 5-3(1) of the Certified Engineer Act shall be presumed to have received the education under this Subparagraph.

2. Supervisor; a. A supervisor shall receive basic education and technical education when he/she intends to perform his/her first supervising service as a supervisor belonging to a specialized construction-supervising firm.

b. A supervisor who has met requirements for a certain qualification and career as a supervisor shall receive technical education when he/she desires to acquire a technical grade higher than the current grade.

c. A supervisor shall receive technical education every three years of his/her actual supervising service for construction work under subparagraph 1 of Article 50 (1) within six months before and after the day on which the three years of service falls: Provided, that in the case that the supervisor has received the technical education under Item (b), the period of actual supervising service shall be calculated from the day when he/she received the said technical education.

(4) The period for the basic education and the technical education under Paragraph (3) shall be comparatively longer than one week on the conditions as prescribed by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs for each grade of the construction engineers and supervisors.

(5) Contents of the education required for construction engineers and supervisors to take shall be set forth on the basis of type, grade and technical area of the construction engineers and supervisors, and the curriculum shall include theoretical and practical subjects.

[Wholly Amended on Aug. 4, 1995]

Article 7-2 (Management of Supervisors)

(1) The contracting authority for which a specialized construction supervising firm performs the responsible supervision, confirmatory supervision or supervision of execution (hereinafter referred to as the "responsible supervision, etc.") pursuant to Article 27 and 27-2 of the Act, or a specialized construction supervising firm performs the construction management service including responsible supervision service pursuant to Article 22-5 of the Act, and the head of administrative organ that has granted permission, authorization, approval, etc. for the construction work of which supervision should be performed by a supervisor or a specialized construction supervising firm that has been designated as the construction supervisor (the contracting authority and the head of administrative organ concerned together, hereinafter referred to as the "contracting authority, etc." in this article) shall, in the case that the following subparagraphs occurs in connection with the construction work that he/she conducts or on which he/she has granted permission, authorization, approval, etc., notify the Minister of Land, Transportation and Maritime Affairs of the fact within seven days for the management of supervisors under Article 6 of the Act.

1. Conclusion, modification or expiry of a supervising service contract (including the part of responsible supervising service performed by a specialized construction supervising firm among construction management services); or

2. Information on deployment or withdrawal of supervisor participating in the supervising service notified under Subparagraph 1. (2) The Minister shall maintain and manage details notified under Paragraph 1.

(3) The Minister may, when he/she receives an application for confirmation in respect to the fact on supervising service performance, supervisor experience, number of supervisors, evaluation result of responsible supervision service ability, or designation of the superior provider of construction technology providing services or superior supervisor from a specialized construction supervising firm or a contracting authority, issue a written confirmation thereof.

(4) Matters necessary in respect to management of supervisors shall be provided by the ordinance of the Ministry of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Aug. 4, 1995]

Article 7-3 (Scope of Construction-related Enterprises) "Such other construction-related enterprises as prescribed by Presidential Decree" in Subparagraph 4, Article 6-2 (1) means enterprises referred to in the following subparagraphs:

1. Architects' office under the Certified Architects Act;

2. A professional of construction-related technical activities as defined in the Engineering Technology Promotion Act;

3. Office of construction-related engineers as defined in the Professional Engineers Act;

4. Korea Infrastructure Safety and Technology Corporation and specialized safety inspection institutions;

5. A surveyor as defined in Article 39 of the Land Survey Act;

6. A specialized institution for quality inspection under Article 25(1) of the Act; and

7. Enterprises that produce or manufacture ready-mixed concrete, asphalt concrete or steel manufactures used in construction works after having obtained approval, etc. for establishment of factory under Article 13(1) of the Industrial Cluster Development and Factory Establishment Act.

[This Article Newly Inserted on Aug. 8, 1995]

Article 8 (Vicarious Execution of Education for Construction Engineers and Supervisors)

(1) The Minister may designate and announce public institutions as defined in the Act on the Management of Public Institutions, or institutions or organizations related to construction technology as educational institutions for the respective education objects and technical areas, and have them vicariously administer education to construction engineers and supervisors as prescribed in Article 7.

(2) Requirements, procedure and other matters necessary in respect to the designation of educational institutions under Paragraph (1) shall be set forth by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

[Wholly Amended on Aug. 4, 1995]

Chapter 2 Committee for Deliberation on Construction Technology Article 9 (Functions of the Central Committee)

The Central Committee for Deliberation on Construction Technology under Article 5 of the Act shall deliberate matters of the following subparagraphs:

1. Matters on the master plan for construction technology improvement and construction technology improvement under Article 3(1) of the Act; 1-2. Matters pertaining to the establishment and modification of the plan for the integrated information system under Article 15-2(3) of the Act;

2. Matters on construction technology introduced from abroad under Article 19 of the Act;

3. Deleted (Oct. 30, 1999);

4. Matters on design of construction works and criteria for execution (including the criteria for construction works under construction-related laws and subordinate statutes, including the Road Act, the River Act, etc) under Article 34 of the Act;

5. Deleted (Jul. 21, 1997);

6. Matters on objections raised over the scope of and limits to new technology and construction method as defined in Article 65(5) of the Enforcement Decree of the Act on Contracts to Which the State is a Party;

7. Matters on the scope and limit of design that can be replaced pursuant to the main part of Article 79 (2) of the Enforcement Decree of the Act on Contracts to Which the State is a Party, deliberation on the eligibility of the relevant design and assessment of design scores under Article 85 (5) of the Enforcement Decree of the same act, adjustment of alternative tender price or modification of design under Article 86 (8) of the Enforcement Decree of the same act, tender for technology proposal under Article 103 (3) of the enforcement decree of the same act, and open invitation of design and tender for technology proposal under Article 105 (4) of the enforcement decree of the same act;

8. Matters on the methods and criteria for deliberation of bidding for large or specified construction under Article 80 (1) of the enforcement decree of the Act on Contracts to Which the State is a Party, and tender for technology proposal or for technology proposal or open invitation of design/tender for technology proposal under Article 99 (1) of enforcement decree of the same act;

9. Matters for which the contracting authority has requested to deliberate on the propriety for entrustment of the construction project management under Article 22-2 (1) of the Act; and

10. Matters for deliberation according to provisions of this Decree or other laws and subordinate statutes and matters referred to by the Minister of Land, Transportation and Maritime Affairs.

Article 10 (Composition of the Central Committee) (1) The Central Committee shall be composed of 500 or less members including a chairperson and a vice-chairperson.

(2) The chairperson and the vice-chairperson of the Central Committee shall be appointed by the Minister of Land, Transportation and Maritime Affairs.

(3) Members of the Central Committee shall be appointed or commissioned by the Minister of Land, Transportation and Maritime Affairs at the recommendation of the chairperson of the Committee among persons falling under one of the following subparagraphs. In this case, the Minister of Land, Transportation and Maritime Affairs may, if necessary for efficient deliberation, temporarily appoint or commission members of up to two fifths of the quorum for specified cases.

1. Public officials of class 4 or higher belonging to administrative organs related with construction affairs or high-ranking public officials in general post;

2. Executives of construction-related organizations and research institutes; or

3. A person of profound knowledge and experience in construction works. (4) The number of persons appointed or commissioned pursuant to Subparagraph 1 of Paragraph (3) shall not exceed twenty.

(5) The chairperson shall manage all affairs of the Central Committee and represent the committee, and the vice-chairperson shall act for the chairperson at the time of the chairperson's absence. (6) Members of the Central Committee who are not public officials shall hold office for two years and may be reappointed. The term of office of members that fill vacancies shall be the remainder of the former member's term of office. (7) The Central Committee shall have a secretary and a few clerks. (8) The secretary and clerks shall be appointed by the chairperson of the Central Committee.

Article 11 (Meeting of the Central Committee)

(1) A meeting of the Central Committee shall be convened by the chairperson, when deemed necessary.

(2) A meeting of the Central Committee shall start deliberation with attendance of a majority of the registered members and decisions shall be made by majority votes. Article 12 (Subcommittee)

(1) The Central Committee may, if it is deemed necessary for efficient deliberation, organize and operate subcommittees for subdivided deliberation. (2) The subcommittee shall deliberate matters designated by the chairperson under conditions as determined by the Central Committee. (3) A subcommittee shall consist of 50 to 100 members of the Central Committee.

(4) The chairperson or vice-chairperson of the Central Committee or a member appointed by the chairperson of the Central Committee shall become the chairperson of a subcommittee.

(5) Members of a subcommittee shall be appointed from members of the Central Committee by the chairperson under conditions as determined by the Central Committee.

(6) Matters that have been deliberated by a subcommittee shall be presumed to have been deliberated by the Central Committee. (7) The provision of Article 11 shall apply to subcommittees. Article 13 (Application for Deliberation)

(1) A person who desires for deliberation of the Central Committee shall submit an application for deliberation on construction technology with attachment of relevant documents to the Minister of Land, Transportation and Maritime Affairs.

(2) Matters necessary in respect to the formulation and submission of relevant documents shall be provided by the Minister of Land, Transportation and Maritime Affairs. Article 14 (Period for Deliberation and Notice of Deliberation Result) (1) The Minister of Land, Transportation and Maritime Affairs shall refer the application for deliberation on construction technology to the Central Committee for deliberation, when he/she has received it pursuant to Article 13(1).

(2) The Central Committee shall deliberate on the application for deliberation on construction technology referred to under Paragraph 1 and notify the result to the Minister of Land, Transportation and Maritime Affairs within 30 days from the date of receipt: Provided, that the chairperson of the Central Committee may, if it is deemed inevitable, extend the period for deliberation one time only. (3) The Minister of Land, Transportation and Maritime Affairs shall notify the result of deliberation under Paragraph 2 to the applicant for deliberation.

Article 15 (Hearing, etc.)

(1) Where it is deemed necessary for deliberation, the chairperson of the Central Committee may conduct a field study and ask the relevant public officials or experts to be present a meeting to hear their opinion, or entrust construction technology research institutions under Article 16(1) of the Act, or other institutions and experts concerned with technical consideration, or ask them for submission of necessary data.

(2) When requested by the Minister of Land, Transportation and Maritime Affairs, the contracting authority shall submit data relevant to the following subparagraphs:

1. The head of the contracting authority (limited to the contracting authority that has organized the design advisory committee according to Article 21): Details about composition, etc. of the design advisory committee and operation record for the previous year of the same committee;

2. The Minister of National Defense: Details of the regulations set forth in the previous year in respect to the composition, etc. of the Special Committee for Deliberation on Construction Technology (hereinafter referred to as the "Special Committee") under Article 5 of the Act and operation record for the previous year of the same committee; and

3. Mayors of the Special Metropolitan City and Metropolitan Cities, or governors of Dos and Special Autonomous Dos (hereinafter referred to as the "Mayor/Do governor"): Details of the regulations established and amended in the previous year in respect to composition, etc. of the Local Committee for Deliberation on Construction Technology (hereinafter referred to as the "Local Committee") and operation record for the previous year of the same committee. Article 16 (Follow-up of Deliberated Matters)

(1) The person who has been notified of the deliberation result pursuant to Article 14 (3) shall notify the Minister of Land, Transportation and Maritime Affairs of the measures he/she has taken in respect to the deliberation result.

(2) Deleted.

(3) Deleted.

(4) Deleted.

Article 17 (Allowances, Traveling Expenses, etc.) (1) Allowances and traveling expenses may be paid within the scope of the budget to members of the Central Committee and experts concerned: Provided that this shall not apply to cases where members who are public officials attend a meeting of the Central Committee in direct connection with affairs under their charge. (2) Cost for technical consideration may be paid within the scope of the budget to construction technology research institutions, or other institutions and experts concerned that are entrusted with the technical consideration under Article 15(1).

(3) The Minister of Land, Transportation and Maritime Affairs may separately set forth the cost for technical consideration to be paid to members of the Central Committee in connection with the deliberation pursuant to Subparagraph 7 of Article 9 within the scope of the budget notwithstanding Paragraph (2). (4) Where the contracting authority requests the Central Committee for deliberation on the scope and limit of design that can be replaced, design of alternative bidding and lump bidding, technical presentation for bidding for technical proposal and technical presentation for public invitation of design and technical proposal, or documents for design of execution, it shall bear the cost expended on deliberation thereof. Article 18 (Rules for Operation)

Matters not provided in this Decree relative to the operation of the Central Committee shall be provided by the Minister of Land, Transportation and Maritime Affairs. Article 19 (Composition, Function, etc. of the Local Committee )

(1) The Local Committee shall consist of 250 or less members (300 or members for the case of special cities) including the chairperson and vice-chairperson.

(2) The Local Committee shall deliberate matters of the following subparagraphs:

1. Matters on the feasibility of design for construction works, safety of structures and propriety of execution of construction falling under any of the following items, excluding construction works on which consultation has been made with the design advisory committee pursuant to Article 21 and construction works specified by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs: (a) construction of which total cost exceeds 10 billion won and of which work is conducted by the local government or a firm in which more than half of the paid-in capital is financed by the local government;

(b) construction of which total cost exceeds 10 billion won and which has been specially asked to be deliberated by the head of the administrative organ that has granted permission, authorization, approval, etc. for the construction, as deemed necessary;

(c) design modification of constructions falling under Item (a) or (b) by which general planning or construction method is modified; 1-2. Matters on objections raised pertaining to the scope and limit of new technology and construction methods under Article 74 (5) of the Enforcement Decree of the Act on Contracts to Which Local Government is a Party; 1-3. Matters on the scope and limit of design that can be replaced pursuant to the main part of Article 95 (2) of the Enforcement Decree of the Act on Contracts to Which Local Government is a Party, deliberation on the eligibility of the relevant design and assessment of design scores under Article 98 (4) of the Enforcement Decree of the same Act, tender for technology proposal under Article 132 (2) of the Enforcement Decree of the same Act, and open invitation of design and tender for technology proposal under Article 134 (3) of the Enforcement Decree of the same Act; 1-4. Matters on large and specified construction works under Article 96 (1) of the Act on Contracts to Which Local Government is a Party and matters on tender for technology proposal or open invitation of design and tender for technology proposal under Article 128 of the Enforcement Decree of the same Act; 1-5. Matters on appropriateness that the contracting authority has requested to deliberate to entrust the construction project management pursuant to Article 22-2 (1) of the Act;

1-6. Matters of which other laws and subordinate statutes provide to be deliberated on by the Local Committee, and

2. Other matters referred to by the Mayor/Do Governor. (3) Members of the Local Committee shall be appointed or commissioned by the head of the local government among persons recommended by the Central Committee, the local committee of other local governments, the special committee, design advisory committee or relevant civil organizations, and experts in relevant fields. In this case, the head of the local government, if necessary for efficient deliberation, may temporarily appoint or commission members of up to two fifths of the quorum for specified cases. (4) Matters necessary in respect to the composition and operation of the local committee shall be provided by the ordinance of the local government. [Wholly amended on Aug. 4, 1995]

Article 20 (Composition and functions of the Special Committee) (1) The Special Committee shall consist of 300 or less members including a chairperson and a vice-chairperson.

(2) The chairperson and the vice-chairperson of the Special Committee shall be appointed by the Minister of National Defense, and members shall be appointed or commissioned by the Minister of National Defense at the recommendation of the chairperson from among class 5 or higher public officials of the Ministry of National Defense, public officials in general posts belonging to the high-ranking public official group, field-grade officers and persons with profound knowledge and experience in construction works: Provided, that the number of members who are public official shall not exceed 12. (3) The Special Committee shall deliberate on matters of the following subparagraphs:

1. Matters related to design and execution of construction works falling under any one of the following items, excluding construction works that have been deliberated by the Design Advisory Committee under Article 21; a. Construction works that are classified as military secrets such as construction of military installations and of which total construction cost exceeds 10 billion won; or

b. Matters on modification of general planning or construction methods of construction works falling under Item (a).

2. Matters on the scope and limit of design that can be replaced pursuant to the main part of Article 79 (2) of the Enforcement Decree of the Act on Contracts to Which the State is a Party for construction works that are classified as military secrets in respect to the construction of military installations, deliberation on the eligibility of the relevant design and assessment of design scores under Article 85 (5) of the Enforcement Decree of the same Act, adjustment of alternative tender price or modification of design under Article 86 (8) of the Enforcement Decree of the same Act; 2-2. Matters on the methods and criteria for deliberation on bidding for large or specified construction under Article 80 (1) of the Enforcement Decree of the Act on Contracts to Which the State is a Party for construction works that are classified as military secrets in respect to the construction of military installations; and

3. Other matters referred to by the Minister of National Defense in connection with construction works that are classified as military secrets in respect to the construction of military installations.

(4) Provisions of Articles 11, 12, 15 and 17 shall apply mutatis mutandis in respect to the Special Committee.

Article 21 (Composition, Functions, etc. of the Design Advisory Committee )

(1) Deleted.

(2) Members of the Design Advisory Committee shall be appointed or commissioned by the contracting authority among persons recommended by the Central Committee, the local committee of other local governments, the Special Committee, the Design Advisory Committee of other contracting authorities or relevant civil organizations, and experts in relevant fields. In this case, the contracting authority may, if it is deemed necessary for the deliberation on matters under Article 5 (2), temporarily appoint or commission members for specified cases. (3) When the contracting authority has organized and operate the Design Advisory Committee, it shall consult the Design Advisory Committee more than one time in the process of performing services such as design, etc: Provided that this shall not apply to small-sized services such as design or cases where there are no important matters as to require consultation. (4) When the contracting authority has had consultation under Paragraph 3, it shall take necessary measures, including the application of results in the design. (5) The Design Advisory Committee shall deliberate on matters of the following subparagraphs:

1. Matters on objections raised pertaining to the scope and limit of new technology and construction methods under Article 65 (5) of the Enforcement Decree of the Act on Contracts to Which the State is a Party and Article 74 (5) of the Enforcement Decree of the Act on Contracts to Which Local Government is a Party;

2. Matters on the scope and limit of design that can be replaced pursuant to the main part of Article 79 (2) of the Enforcement Decree of the Act on Contracts to Which the State is a Party, deliberation on the alternative design and design for lump bidding under Article 85 (6) of the Enforcement Decree of the same Act, adjustment of alternative tender price or modification of design under Article 86 (8) of the Enforcement Decree of the same Act, deliberation on technology proposal for technology proposal tender and assessment of scores under Article 103 (4) of the enforcement decree of the same Act, and deliberation on technical proposal or design and specifications for open invitation of design and tender for technology proposal, and matters on assessment of scores under Article 105 (5) of the Enforcement Decree of the same Act;

2-2. Matters on the scope and limit of design that can be replaced pursuant to the main part of Article 95 (2) of the Enforcement Decree of the Act on Contracts to Which Local Government is a Party, deliberation on the alternative design and design for lump bidding under Article 98(5) of the Enforcement Decree of the same Act and adjustment of alternative tender price or modification of design under Article 99 (8) of the Enforcement Decree of the same Act;

3. Deleted;

4. Matters on appropriateness of important design modification effecting the construction method, etc. for construction works of which the total construction cost exceeds 10 billion won (five billion won in the case of Si, Gun and Gu);

5. Matters on appropriateness of in-depth safety inspections on structures under Article 7 of the Special Act on Safety Control of Structures; and

6. Other matters referred to by the contracting authority in respect to propriety of design and execution of construction works.

(6) Matters necessary in respect to the composition and operation of the Design Advisory Committee shall be provided by the contracting authority. [This Article Newly Inserted on Oct. 30, 1999]

Chapter 3 Deleted

Article 22 Deleted

Article 23 Deleted

Article 24 Deleted

Article 25 Deleted

Article 26 Deleted

Chapter 4 Support, etc. for Computerization, Research and Development of Construction Technology Article 27 (Collection of Construction Technology Information) (1) Heads of central administrative organs, local governments, public institutions and quasi-government institutions shall forward data of the following subparagraphs within 30 days after the date of publication or manufacture to the Minister of Land, Transportation and Maritime Affairs:

1. Reports, collection of research papers and periodicals published by institutions in connection with construction technology;

2. Drawings and specifications on completion, and work journals that the chairperson of the Central Committee deems necessary in respect to construction works subject to design deliberation under Article 39; and

3. Other construction technological data requested by the Minister of Land, Transportation and Maritime Affairs.

(2) If a person other than institutions specified in Paragraph 1 publishes materials falling under any one of subparagraphs of Paragraph 1, the Minister of Land, Transportation and Maritime Affairs may request the publisher to send the data. In this case, the Minister of Land, Transportation and Maritime Affairs shall pay the actual cost for the data. Article 28 (Circulation of Construction Technology Information) (1) The Minister of Land, Transportation and Maritime Affairs shall conduct the following services according to Article 15 of the Act and may offer the data and information for utilization by users.

1. Construction of network for the circulation of construction technology information;

2. Standardization of construction technology information;

3. Computerization of construction technology information and manufacture of electronic data;

4. Collection, management and circulation of construction technology information; and

5. Joint project together with construction-related institutions or organizations to perform the services from Subparagraphs 1 through 4; (2) In the case of Paragraph (1), the Minister of Land, Transportation and Maritime Affairs may refuse or restrict the requested information, if the provision of the requested data or information on construction technology is against national interest. Article 29 (Construction and Operation of Integrated Information Support System for Construction Projects ) (1) The Minister of Land, Transportation and Maritime Affairs shall formulate the basic plan for the establishment of an integrated information support system for construction projects (hereinafter referred to as the "plan for the establishment of the integrated information system") under Article 15-2 (1) every five years and shall work out and execute a yearly enforcement plan for the plan for the establishment of the integrated information system. (2) The Minister of Land, Transportation and Maritime Affairs may organize and operate a conference consisting of enterprises, institutions and organizations related to the construction for efficient construction of the integrated information system for construction projects. (3) The Minister of Land, Transportation and Maritime Affairs may conduct services of the following subparagraphs for efficient construction and promotion of utilization of the integrated information system for construction projects:

1. Research, development and technical support related to configuration and operation of the integrated information system for construction projects;

2. Performance of joint projects for the construction of the integrated information system for construction projects;

3. Standardization of the integrated information system for construction projects;

4. Promotion of public utilization of information using the integrated information system for construction projects; and

5. Other matters necessary for the promotion of construction and utilization of the integrated information system for construction projects. (4) The Minister of Land, Transportation and Maritime Affairs may designate specialized institution for efficient construction and operation of the integrated information system for construction projects.

(5) Expenses and fees under Article 15-2 (7) of the Act shall be set within the range of actual cost. (6) Matters other than those prescribed in this Decree in respect to the construction and operation of the integrated information system for construction projects shall be prescribed by the Minister of Land, Transportation and Maritime Affairs. [This Article Newly Inserted on Oct. 30, 1999]

Article 29-2 (Institutions, etc. which Agreement for Construction Technology Research and Development Projects may be Entered) (1) The institutions and organizations which the Minister of Land, Transportation and Maritime Affairs may enter into an agreement for implementation of construction technology development and research projects shall be as seen in the following subparagraphs:

1. National and public research institutions;

2. Government-invested research institutions that have been established according to the Act on the Establishment, Operation and Fosterage of Government- invested Research Institutions or the Act on the Establishment, Operation and Fosterage of Government-invested Science and Technology Research Institutions;

3. Specified research institutions under the Act on the Fosterage of Specified Research Institutions;

4. Schools under Article 2 of the Higher Education Act;

5. Corporate research institutions established according to the Civil Act or other laws;

6. Research institutions attached to enterprises and specialized R&D departments of enterprises under subparagraph (2) of Article 7(1) of the Technology Development Promotion Act;

6-2. Industrial technology research associations under the Act on the Fosterage of Industrial Technology Research Associations; and

7. Research institutions attached to or specialized R&D departments of institutions, associations, societies, etc. as prescribed by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

(2) When the Minister of Land, Transportation and Maritime Affairs decides on research and development projects, he/she shall enter into an agreement concerning construction technology research and development projects with any institutions or organizations falling under any of the subparagraphs of Paragraph (1) that will superintend research and development of the area concerned (hereinafter referred to as the "superintendent research institution").

(3) In performing research and development project under Paragraph (2), the head of the superintendent research institution shall make an investment or research agreement with the person that bears the technology development expenses in advance, when the said technology development expenses (including actual articles, the same shall apply hereinafter in this Paragraph) under Article 16-2(2) of the Act are included in the research and development cost. (4) The agreement pursuant to Paragraph (2) shall include the following particulars:

1. Plan for research and development;

2. Research and development assignments (summary);

3. Particulars on participating enterprises (referring to participating enterprises pursuant to subparagraph 6 of Article 2 of the Regulations on the Management of State Research and Development Projects, etc.);

4. Payment terms of research and development expenses and particulars about their use and management;

5. Particulars on the report of research and development results;

6. Particulars on the reversion and application of research and development results;

7. Particulars on the collection and use of technology fees;

8. Particulars of the assessment of research and development results;

9. Particulars on the modification and termination of the agreement;

10. Sanctions against a breach of contract; and

11. Other particulars necessary in respect to research and development. (5) The head of superintendent research institution may, if deemed necessary, entrust part of his/her research assignments to institutions or organizations stated under subparagraphs of Paragraph (1) for performance.

[This Article Newly Inserted on Dec. 31, 1993]

Article 29-3 (Payment of Contributions)

Contribution under Article 16-2 (2) of the Act shall be paid in installments: Provided, that where it is deemed necessary considering the scale and starting time, it may be paid in a lump sum.

[This Article Newly Inserted on Dec. 31, 1993]

Article 29-4 (Management and Use of Contributions, etc.) (1) In the event that the expenses for construction technology research and development projects are paid pursuant to article 16-2 (2) of the Act, the head of superintendent research institution shall manage the said expenses under the account established separately.

(2) The head of superintendent research institution shall use the research and development expenses for the following purposes on conditions as prescribed by the Minister of Land, Transportation and Maritime Affairs.

1. Personnel expenses of researchers;

2. Direct cost: Expenses for research equipment, materials and facilities, materials expenses, electronic processing and administration expenses, trial product manufacturing expenses, traveling expenses, utility charges, expenses of activities for technology information and research activity expenses;

3. Expenses for research and development on entrustment,

4. Indirect cost: Indirect expenses, reserve funds for research and development, expenses for application and registration of intellectual property, expenses for science and cultural activities, and expenses for safety of laboratory;

5. Deleted;

6. Deleted;

7. Deleted;

8. Deleted; (3) The head of superintendent research institution shall report expenditures of the research and development expenses in the formats of the following subparagraphs within 90 days after expiration of the contract to the Minister of Land, Transportation and Maritime Affairs:

1. Planning and execution of the research and development expenses in the format as prescribed by the Minister of Land, Transportation and Maritime Affairs; and

2. Financial inspection and verification report as provided by the Minister of Land, Transportation and Maritime Affairs and other documentary evidences relevant to the execution of the research and development expenses. (4) The head of superintendent research institution may, when asked by constructors, etc., allow him/her to use the research results of construction research and development projects in the process of production. In this case, he/she may collect technology charges as provided in the agreement under Article 29-2 (4) from the user, if the user has obtained effects such as cost reduction and quality improvement from the use.

(5) When the head of superintendent research institution has collected technology charges pursuant to Paragraph (4), he/she shall report the fact to the Minister of Land, Transportation and Maritime Affairs within 30 days after the date of collection. He/she shall use the collected technology charges for purposes as provided by the Minister of Land, Transportation and Maritime Affairs, including improvement of research efficiency of researchers and financing expenses for research, development and basic research, and report such expenditures of the year by March 31 of the following year to the Minister of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Dec. 31, 1993]

Article 29-5 (Services of the Specialized Institution) The specialized institution designated by the Minister of Land, Transportation and Maritime Affairs according to Article 16-2 (5) of the Act shall perform services of the following subparagraphs that belong to the authority of the Minister of Land, Transportation and Maritime Affairs:

1. Public invitation and reception of assignments for construction technology research and development, and assessment thereof to make a selection of them;

2. Making an agreement under Article 29-2;

3. Payment and administration of contributions under Article 29-3;

4. Assessment, utilization and management of research results; and

5. Other services that the Minister of Land, Transportation and Maritime Affairs deems necessary.

[This Article Newly Inserted on Dec. 31, 1993]

Article 29-6 (Work of Technology Evaluation Institution) "Other work that is prescribed by the Presidential Decree" in subparagraph 5 of article 16-3 (5) of the Act means works of the following subparagraphs:

1. Transfer and transaction of construction technology;

2. Management of construction technology data; and

3. Other works in respect to research, development and utilization of construction technology that the Minister of Land, Transportation and Maritime Affairs deems necessary.

[This Article Newly Inserted on Jun. 30, 2005]

Article 29-7 (Profit-making Projects, etc. of Technology Evaluation Institution)

(1) Profit-making projects the technology evaluation institutions may undertake pursuant to Article 16-3 (5) of the Act shall be as seen in the following subparagraphs:

1. Mediation and consultation for transfer and transaction of construction technology; and

2. Checking for overlapping of technology development through the management of construction technology data;

(2) Fees for mediation, consultation and checking for overlapping of technology development shall be decided and announced by the Minister of Land, Transportation and Maritime Affairs. (3) The technology evaluation institution shall, when it undertakes profit- making projects according to Article 16-3 (5) of the Act, report the details to the Minister of Land, Transportation and Maritime Affairs before the beginning of the financial year, and shall submit performance records and balance sheets of the said profit-making project within three months after the end of the fiscal year to the Minister of Land, Transportation and Maritime Affairs. [This Article Newly Inserted on Jun. 30, 2005]

Article 30 (Recommendations of Investment in Construction Technology Development, etc.)

(1) Constructors and construction technology service providers for whom the Minister of Land, Transportation and Maritime Affairs may recommend investment in technology development, etc. shall be designated by the Minister of Land, Transportation and Maritime Affairs among persons who have performance records in construction works or construction technology service provision of the amount equivalent to or more than prescribed by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

(2) The Minister of Land, Transportation and Maritime Affairs may recommend the constructors and construction technology service providers designated under Paragraph (1) to put aside an amount up to 3/100 of the performance in construction works or construction technology providing service of the previous year for establishment and operation of an affiliated research institution, as reserve funds for technological development under the Technology Development Promotion Act or as investments for other construction technology development for the following year.

Article 31 (Submission of Plan for Investment in Construction Technology Development, etc.)

(1) Any person who intends to invest in construction technology development, etc. as recommended under Article 17 of the Act shall submit a plan for investment in technological development, etc. for the year by the end of March of each year and the performance of investment in technological development in the previous year by the end of June of each year to the Minister of Land, Transportation and Maritime Affairs.

(2) The Minister of Land, Transportation and Maritime Affairs may, when he/she deems the plan for investment in technological development, etc. submitted under Paragraph (1) inappropriate to the master plan for the improvement of construction technology under Article 3 (1) of the Act and the plan for construction technology research and development under Article 16 (1) of the Act, recommend to adjust the plan.

(3) The Minister of Land, Transportation and Maritime Affairs shall take, if any constructor has made an investment in construction technology development under Paragraph (1) or (2), the fact into consideration in the designation of the superior constructor under Article 36 (2) of the Act on conditions as prescribed by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

Article 32 (Application for Designation of New Technology) (1) Any person who desires to apply for the designation of new technology under Article 18 (1) of the Act shall submit an application for designation of new technology with statement of information of the following subparagraphs to the Minister of Land, Transportation and Maritime Affairs.

1. Name of the new technology and background of development;

2. Details (including the summary, and details on innovativeness, advancement and practical applicability) and the scope of the new technology;

3. Name of the person who has conducted such development or improvement (in the case of a corporation, the name of both the corporation and its representative);

4. Deleted;

5. Deleted;

6. Prospect for application in construction work at home and abroad;

7. Specifications and instructions for maintenance; and

8. Other information deemed necessary for the evaluation of new technology, including test results issued by a specialized quality evaluation institution under Article 25 of the Act and trial execution of construction. (2) Deleted (Jun. 30, 2005)

Article 32-2 (Designation Procedure of New Technology) (1) The Minister of Land, Transportation and Maritime Affairs shall, when he/she has received an application for designation of new technology under Article 32 (1), pass through deliberation from a professional institution designated by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs on the eligibility of the applied technology for new technology and shall make the decision whether the technology is eligible for new technology within 120 days.

(2) The Minister of Land, Transportation and Maritime Affairs shall, if he/she deems it necessary to evaluate whether or not the technology submitted under Paragraph (1) is eligible for new technology, hear opinions of interested parties and institutions as prescribed in the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

(3) When the Minister of Land, Transportation and Maritime Affairs intends to hear opinion of parties interested pursuant to Paragraph (2), he/she shall announce important matters of the applied technology for more than 30 days in the official gazette.

(4) The professional institution under Paragraph (1) shall organize and operate the new technology deliberation committee for deliberation of the applied technology. (5) Matters necessary with respect to criteria, proceedings, etc. of new technology shall be provided and announced by the Minister of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Oct. 30, 1999]

Article 33 (Designation and Announcement of New Technology) (1) The Minister of Land, Transportation and Maritime Affairs shall, when he/she has designated a new technology pursuant to Article 32(2), announce matters of the following subparagraphs in the official gazette and deliver the certificate of new technology designation to the applicant:

1. Name of the new technology;

2. Details and scope of the new technology;

3. Name of the developer or improver (in the case of a corporation, the name of both the corporation and its representative);

4. Details of protection for the developer of the new technology under Article 34; and

5. Protection period of the new technology under Article 34-3. (2) The Minister of Land, Transportation and Maritime Affairs shall maintain and manage details of the new technology designated and announced under Paragraph (1).

[Wholly Amended on Oct. 30, 1999]

Article 34 (Application of New Technology)

(1) The technology developer may request users of the new technology for payment of technology charges.

(2) The Minister of Land, Transportation and Maritime Affairs may recommend the application of new technology in preference to similar imported foreign technology.

(3) Deleted.

(4) The contracting authority shall reflect the new technology designated and announced under Article 18 (1) of the Act in the design for construction works that it implements, unless there are particular reasons not to do so, and shall specify the fact in the work agreement when it awards a construction contract and may allow the new technology developer to participate in the construction process relevant to the new technology. (5) The Minister of Land, Transportation and Maritime Affairs may request relevant institutions to provide preferential support of the following funds to the new technology developer:

1. Technology development funds from the Korea Development Bank under the Korea Development Bank Act or the Industrial Bank of Korea under the Industrial Bank of Korea Act;

2. New technology project funds from specialized credit financial businesses that have made an entry of new technology project business under the Specialized Credit Financial Business Act;

3. Technology credit guarantee from the Korea Technology Credit Guarantee Fund under the Korea Technology Credit Guarantee Fund Act; and

4. Other special funds that the government has accumulated to support technology development.

(6) The person who has been designated as a developer of new technology under article 18 (1) of the Act shall submit application records of the new technology as provided by the Ordinance of the Minister of Land, Transportation and Maritime Affairs.

[Wholly Amended on Aug. 4, 1995]

Article 34-2 (Recommendation of Trial Execution of Construction Work) (1) In the event that a contracting authority that has been recommended to carry out trial construction work by the Minister of Land, Transportation and Maritime Affairs under article 18 (4) of the Act fails to do so, it shall notify the reason it failed to execute the trial construction work as recommended to the Minister of Land, Transportation and Maritime Affairs thereof. (2) Necessary matters in respect to the procedures for recommendation and trial construction work shall be provided by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs. [This Article Newly Inserted on Jun. 30, 2005]

[The former Article 34-2 was moved to Article 34-3. ] Article 34-3 (Period of Protection of New Technology ) (1) The period of protection of new technology under Article 18 (6) of the Act shall be determined by the Minister of Land, Transportation and Maritime Affairs within the period not exceeding three years after the designation and announcement of the new technology.

(2) The Minister of Land, Transportation and Maritime Affairs may, if he/she has received an application from the developer of the designated new technology, extend the period of protection for the new technology under Paragraph (1) within the limit of seven years after verification of application performance, etc. of the new technology. (3) When the developer of a designated new technology desires to apply for extension of protection period of the new technology pursuant to Paragraph (2), he/she shall submit an application for extension of protection period of the new technology with statement of information stated in the following subparagraphs to the Minister of Land, Transportation and Maritime Affairs 150 days before expiration of the protection period:

1. Name and scope of the new technology;

2. Details of the new technology; and

3. Name of the person who has made developments or improvements. (4) The application for extension of protection period of the new technology under Paragraph (3) shall be attached with documents of the following subparagraphs:

1. Application records, comparison of actual applications and analysis of the new technology;

2. Materials supporting the extension of protection period;

3. Field application specifications and data on maintenance; and

4. Important matters to be attended to at an actual field test; (5) Provisions of Articles 32-2 and 33 shall apply mutatis mutandis to the extension of protection period under Paragraph (2). [This Article Newly Inserted on Oct. 30, 1999] [Moved from Article 34-2; the former Article 34-3 was moved to Article 34-3. ] Article 34-4 (Revocation of Designation of New Technology) When the Minister of Land, Transportation and Maritime Affairs has revoked the designation of new technology pursuant to Article 18-2 of the Act, he/she shall announce publicly and notify such fact to the person concerned.

[This Article Newly Inserted on Dec. 31, 1993] [Moved from Article 34-3, Jun. 30, 2005>]

Article 35 (Management of Construction Technology Introduced from Abroad)

(1) The Minister of Land, Transportation and Maritime Affairs may request heads of administrative organs concerned to notify him/her of details of the construction technology of which report on foreign investment has been accepted according to the Foreign Investment Promotion Act pursuant to Article 19 (1) of the Act. In this case, he/she shall maintain and manage the notified details in order to make efficient use thereof.

(2) Preferential treatment in awarding a contract under Article 19 (3) of the Act shall be accorded considering the applicability of the construction technology to domestic fields and contributions to domestic technological development.

Chapter 5 Management, etc. of Construction Technology Service and Construction Works

Article 35-2 (Notification, Management, etc. of Present State of Providers of Such Services as Design, etc.)

(1) The Minister of OOO shall, when he/she has been requested to do so pursuant to Article 20-5(1) of the Act, notify the Minister of Land, Transportation and Maritime Affairs of the present state of the following subparagraphs with respect to service business such as design, etc.:

1. Name;

2. Name of the representative;

3. Location;

4. Areas of technology and expertise; and

5. Holding technical personnel. (2) In the case of any of the following subparagraphs with respect to projects for providing such services as design, etc. for which the contracting authority awards a contract in excess of the amount prescribed by Article 36, the contracting authority shall notify details thereof within 10 days to the Minister of Land, Transportation and Maritime Affairs:

1. Limitation on illicit businessperson to participate in tender pursuant to Article 27 of the Act on Contracts to Which the State is a Party; and

2. Conclusion or modification of a contract on such services as design, etc. (including the case where the participating engineer is changed) or completion of such services as design, etc.

(3) The Minister of Land, Transportation and Maritime Affairs shall maintain and manage the present state of providers of such services as design, etc. notified under Paragraphs (1) and (2), and he/she may issue the certificate thereof, if providers of such services as design, etc. request for it. (4) Matters necessary in respect to management of present state of such services as design, etc. and issuance of the certificate shall be provided by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Dec. 29, 2006]

Article 36 (Service Providing Project to Be Notified) "A project that is not on a smaller scale than prescribed by Presidential Decree" in Article 21 (1) of the Act means a project of which estimated cost is equal to or exceeding the amount notified under Article 4 of the Act on Contracts to Which the State is a Party.

Article 37 (Notification of the Plan for Execution of Service Providing Project)

(1) The contracting authority (excluding the authority falling under subparagraphs (2) through (7) of Article 3-2) shall notify the public of the following subparagraphs when it has completed the drafting of the plan for execution under Article 21 (1) of the Act without delay:

1. Name of the service;

2. Name of the institution that executes the service project;

3. Key points of the service project;

4. Total cost and the budget for the project of the year;

5. The scheduled date for tender; and

6. Other matters necessary to tender. (2) The notification of the plan for execution may be made together with the notice of tender.

[Wholly Amended on Aug. 4, 1995]

Article 37-2 (Construction Works Related with Preferential Treatment to Specialized Construction Supervising Firm)

"Construction works as prescribed by the Presidential Decree" in Article 21 (3) means construction works subject to the responsible supervision under Article 50 (1). [This Article Newly Inserted on Jul. 30, 2001]

[The former Article 37-2 was moved to Article 37-3. ] Article 37-3 (Indemnity of Provider of such Services as Design, etc. for Damages)

(1) The period, object and amount of insurance or mutual-aid contract under Article 21 (4) of the Act shall be as prescribed in the following subparagraphs:

1. Period to be covered: The period from the date of start to completion of the construction work;

2. Objects to be covered: The basic design and the execution design of the construction work; and

3. Amount to be covered: Contract amount for the basic design and the execution design of the construction work: Provided, that the contracting authority may, if a provider of such services as design, etc. implements both the basic design and the execution design, reduce some portion of the amount to be covered by insurance or mutual-aid contract for the basic design.

(2) The provider of such services as design, etc. shall submit the insurance policy or mutual-aid deed to the contracting authority before the completion of such services as design, etc. concerned.

(3) Further details necessary in respect to calculation of the amount to be covered by and procedure for effecting insurance or mutual aid shall be determined and officially announced by the Minister of Land, Transportation and Marine Affairs.

[Wholly Amended on Jul. 30, 2001]

[Moved from Article 37-2 ]

Article 38 (Criteria and Procedure for the Selection of Service Provider) (1) The contracting authority (excluding the authority falling under subparagraphs (2) through (7) of Article 3-2; this shall apply hereinafter in this Article.) shall, when it intends to place an order for construction technology service announced under Article 37, select providers to bid for the service in compliance with the criteria for evaluation of project performance capability that comprehensively takes into consideration the ability of the participating construction engineers, project performance records and credit rating. (2) The contracting authority may, when it places an order for design under the Certified Architects Act announced pursuant to Article 37, select persons to bid for the design by evaluating the project performance capability in compliance with the criteria made by comprehensively considering artistry and workmanship of design, ability of participating engineers, work plan and method, or select the designers through architectural design competition. (3) The contracting authority may, when it desires to award a contract to a person with particularly superior technology in the placing of an order for construction technology providing service or design under the Certified Architects Act, select qualified persons first by criteria for evaluation of technology and then invite tenders separately for technology and price. (4) The contracting authority may, when it deems it necessary, organize its own evaluation committee and have it deliberate the project performance capability under Paragraphs (1) and (2) or entrust evaluation thereof to a professional institution. (5) Matters necessary in respect to the criteria for evaluation of project performance capability, criteria for evaluation of technology, etc. shall be determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

[Wholly Amended on Aug. 4, 1995]

Article 38-2 (Object of the Public Invitation to Contest for Construction Technology)

The object of the public invitation to contest for construction technology under Article 21-2 (2) shall be construction works (excluding housing construction; this shall apply hereinafter in this Article and Article 38-3) or projects for construction technology providing services for which the contracting authority deems to require creativity, such as symbolic quality, commemoration and artistry, or new or special technology. In this case, the construction works shall be limited to works that meet the conditions of the following subparagraphs:

1. Large-scale construction work under subparagraph 1 of Article 79 (1) of the Act on Contracts to Which the State is a Party, specified construction work under subparagraph 2 of the same article, large-scale construction work under subparagraph 1 of Article 95 (1) of the Act on Contracts to Which the Local Government is a Party and construction work which does not fall under specified construction work under subparagraph 2 of the same Article and of which cost for the work applying the invited construction technology accounts for more than 50/100 of the total construction cost; and

2. Any person that does not possess the object construction technology of the public invitation shall not execute the construction work concerned. [Wholly Amended on Jul. 30, 2001]

Article 38-3 (Procedure and Method of Public Invitation to Contest for Construction Technology)

(1) When the contracting authority desires to award a contract for a construction work or a project for construction technology providing services through a public invitation to contest for technology as provided in Article 21-2 of the Act, it shall notify the public of particulars of the following subparagraphs:

1. Name of the object construction work or project for construction technology providing services of the public invitation;

2. The project implementation institution;

3. Key points of the project;

4. Estimated total cost and appropriated funds for the project of the year;

5. The scheduled time for implementation of the project; and

6. Other matters necessary to enter into the public invitation for technological contest.

(2) When the contracting authority desires to award a contract through a public invitation to contest for technology pursuant to Paragraph (1), it shall evaluate the details of the construction technology entered for the contest by comprehensively considering the ability, project performance records, plan for project performance and credit rating of the construction engineer.

(3) Matters necessary for public invitation to contest for technology, including criteria for evaluation, etc. may be separately determined by the contracting authority. [This Article Newly Inserted on Aug. 4, 1995]

Article 38-4 (Process of Performing Construction Project) The contracting authority shall execute a construction project according to the construction project performing process as provided in Articles 38-5 through 38-19 unless otherwise provided by statutes pursuant to Article 21-3 of the Act: Provided, that the contracting authority may adjust part of the construction project performing process for the construction project falling under any one of the following subparagraphs and execute the project according to the adjusted process:

1. Construction project of which total construction cost is less than 10 billion won:

2. Emergency construction project, such as disaster relief, etc;

3. Construction project for repair, removal or improvement

4. Construction project for military installations that requires security; and

5. Construction project that is determined through consultation between the contracting authority and the central administrative organ concerned as it is deemed necessary by the nature of the construction project and performing process. [Wholly Amended on Mar. 28, 2000]

Article 38-5 (Basic Plan)

(1) When the contracting authority intends to execute construction work, it shall examine matters of the following subparagraphs and prepare a plan for the work (hereinafter referred to as the "basic plan"):

1. Necessity of the construction work;

2. Relation with plans under other laws and subordinate statutes, including the urban management plan;

3. Prediction of dangers involved in the execution of the construction work;

4. Conditions of location for the land planned for the construction work;

5. Scale and cost of the construction work;

6. Environmental impact of the construction work; and

7. Expected effects and matters that the contracting authority deems necessary. (2) The contracting authority shall, in working out its basic plan, refer to an ex post facto evaluation of equivalent or similar construction works under Article 38-18 (1) and standards announced by the Minister of Land, Transportation and Maritime Affairs pursuant to Article 38-18 (5).

[Wholly Amended on Mar. 28, 2000]

Article 38-6 (Feasibility Study)

(1) The contracting authority shall conduct a feasibility study on construction work that it is to be executed: Provided, that this shall not apply to construction works of which the total cost is estimated at less than 50 billion won and for which the contracting authority deems that a feasibility study is unnecessary. (2) When performing feasibility study under Paragraph (1), the contracting authority shall investigate and examine necessary factors, including technology, environment, society, finance, required land and traffic, that may be involved in the entire process from installation to the removal of buildings and structures constructed by the said construction work, and shall suggest estimated construction cost and the limit of increase for the construction cost of the construction work to maintain feasibility.

(3) The contracting authority may, if it deems it necessary due to the nature of the construction work, conduct a feasibility study with comprehension of details to be reflected in the master plan for construction work (hereinafter referred to as the "master plan") under Article 38-7 and in the basic design under Article 38-9 after passing deliberation of the design advisory committee. (4) When the contracting authority has completed a feasibility study, it shall make arrangements so that officials of the contracting authority and the administrative organs concerned and relevant professionals may examine the propriety of the feasibility study.

(5) Particulars necessary with respect to period, detail items for examination, criteria for evaluation, etc. shall be determined by the Minister of Land, Transportation and Maritime Affairs after consultation with the head of the relevant central administrative organ.

(6) Where other laws and subordinate statutes provide to have a feasibility study on construction work, but the said statutes have no provisions on the period, detail items for examination, criteria for evaluation, etc., the head of the relevant central administrative organ may determine them after consultation with the Minister of Land, Transportation and Maritime Affairs, notwithstanding Paragraph (5).

[Wholly Amended on Feb. 29, 2008]

Article 38-7 (Master Plan for Construction Work)

(1) The contracting authority shall formulate a master plan that covers all of the following subparagraphs for construction works of which necessity have been confirmed as a result of feasibility study under Article 38-6 based on the basic plan:

1. The purpose and basic policy of the construction work;

2. Details, period, implementer and execution plan of the construction work;

3. Cost and financing plan for the construction work;

4. Priority order of investment for individual works (only for the case where works of the same or similar industrial technologies, such as road work, river work and district development project, were combined into a project and the budget was compiled for the combined project);

5. Yearly work execution schedule;

6. Facilities maintenance plan;

7. Environment preservation plan; and

8. Expected effects and other particulars the contracting authority deems necessary.

(2) The contracting authority shall consider relationship with plans under other laws and subordinate statutes, including the urban management plan, and shall analyze the impact of the construction work on the environment in its formulation of the master plan.

(3) The contracting authority shall formulate a master plan after consultation with the head of the relevant administrative organ. This shall apply to modification of particulars of the following subparagraphs in the master plan:

1. Extension of the construction period exceeding one year;

2. Increase of construction cost by more than 10%; and

3. Modification of important matters prescribed by the Minister of Land, Transportation and Maritime Affairs among construction details under Subparagraph (2) of Paragraph (1).

(4) The contracting authority shall comprehensively consider social and economic feasibility, developmental balance between regions and opinion of the regional residents in its determination of the priority order for investment in individual works under Subparagraph (4) of Paragraph (1).

(5) The contracting authority shall officially announce the master plan, if it has formulated one, and the modifications under subparagraphs of Paragraph (3), if it has modified it.

[This Article Newly Inserted on Mar. 28, 2003]

Article 38-8 (Determination of Work Execution Method) (1) The contracting authority shall determine the work performing method falling under any one of the following subparagraphs considering the scale and the nature of the construction work after it has formulated and announced the master plan:

1. Public invitation to contest for technology under Article 21-2 of the Act (hereinafter referred to as the "public contest for technology");

2. Deleted;

3. Lump bidding under subparagraph 5 of Article 79 (1) of the Enforcement Decree of the Act on Contracts to Which the State is a Party and subparagraph 5 of Article 95 (1) of the Enforcement Decree of the Act on Contracts to Which the Local Government is a Party (hereinafter referred to as the "package tender"); 3-2. Public invitation to contest for design and tender for technological proposals under subparagraph 3 of Article 98 of the Enforcement Decree of the Act on Contracts to Which the State is a Party and subparagraph 3 of Article 127 of the Enforcement Decree of the Act on Contracts to Which the Local Government is a Party; or

4. Work execution methods other than those prescribed in subparagraphs 1, 2 and 3-2.

(2) When the contracting authority has chosen the work execution method under subparagraph 4 of Paragraph (1) and has completed the execution design under Article 38-11(1) or Article 38-11(2), it shall determine a work execution method falling under any one of the following subparagraphs taking into consideration the nature of industrial technologies of the construction work:

1. Tender by alternative plan under subparagraph 4 of Article 79 (1) of the Enforcement Decree of the Act on Contracts to Which the State is a Party and subparagraph 4 of article 95(1) of the Enforcement Decree of the Act on Contracts to Which the Local Government is a Party,

1-2. Tender for technological proposals under subparagraph 2 of Article 98 of the Enforcement Decree of the Act on Contracts to Which the State is a Party and subparagraph 2 of Article 127 of the Enforcement Decree of the Act on Contracts to Which the Local Government is a Party, or

2. Work execution methods other than those prescribed in subparagraphs 1, 2 and 3-2 of Paragraph (1), and subparagraphs 1 and 1-2. [Wholly Amended on Mar. 28, 2008]

Article 38-9 (Basic Design)

(1) The contracting authority shall formulate a basic design that reflects the master plan and including the types of major structures, the ground and earth quality, approximate construction cost, policy for execution design, etc. (hereinafter referred to as the "basic design"): Provided that the basic design may not be separately drawn in cases falling under any one of the following subparagraphs:

1. Where the construction is performed in the method of public contest for technology or lump bidding;

2. Where a feasibility study has been conducted including details to be reflected in the basic design pursuant to Article 38-6(3); or

3. Where the execution design is drawn including details of the basic design pursuant to Article 38-11(2).

(2) Standards for details, period and management of the basic design and formulation of design drawings and specifications shall be determined by the Minister of Land, Transportation and Maritime Affairs. (3) The contracting authority shall hear opinions of the interested parties, including residents, when it formulates the basic design: Provided that this shall not apply when it has heard opinions pursuant to other laws and subordinate statutes before it formulates the basic design.

(4) When the contracting authority intends to hear the opinions of interested parties pursuant to Paragraph (3), it shall announce the matters of the following subparagraphs in a daily newspaper and sumbit the basic design draft to public inspection for no less than 14 days:

1. Outline of the construction work;

2. Necessity of the construction work;

3. Effects of the construction work;

4. Period of the construction work;

5. Yearly plan for investment;

6. Period and method of public inspection; and

7. Other necessary matters, including the method for submission of opinion. (5) When the construction work needs permission, authorization, assessment or approval according to provisions of relevant laws and subordinate statutes (hereinafter referred to as the "authorization, permission, etc."), the contracting authority shall hear the opinion of the head of the institution that administers the said authorization, permission, etc. and shall reflect it in the basic design. (6) In the event that the contracting authority does not formulate the basic design separately pursuant to the proviso of Paragraph (1), it shall hear the opinions of interested parties at times prescribed in the following subparagraphs: Provided that in this case, the provision of Paragraph (4) shall apply:

1. In the case of subparagraphs 11 or 3 of Paragraph (1): At the time of formulating the execution design;

2. In the case of subparagraphs 1 or 3: At the time of conducting a feasibility study.

[Wholly Amended on Mar. 28, 2000]

Article 38-10 (Measures against Increase of Construction Cost) (1) The contracting authority shall make proper arrangements for design factors such as selection of materials and method, determination of specifications of structures, etc. in drafting the basic design to keep the construction cost from rising above the estimated level of the master plan.

(2) The contracting authority shall, in the case that the construction cost suggested by the basic design exceeds the limit of increase for the construction cost suggested at the feasibility study under Article 38-6 (2), conduct another feasibility study to determine whether the construction shall be promoted. (3) The method and standards for the feasibility study under Paragraph (2) shall be determined after consultation between the Minister of Land, Transportation and Maritime Affairs and the Minister of Strategy and Finance.

[Wholly Amended on Mar. 28, 2000]

Article 38-11 (Execution Design)

(1) The contracting authority shall provide an execution design based on the basic design and shall conduct a joint inspection on structures together with interested parties for the structures at the time of making the execution design: Provided, that this shall not apply to the case where the contracting authority deems that the joint inspection is unnecessary considering major industrial technologies of the execution design.

(2) The contracting authority may, in the case that the separate preparation of the basic design and the execution design is deemed unnecessary due to the nature of the construction project, including the case where the construction of structures does not require industrial technologies combining two or more industrial technologies, the case where the construction project requires rapid progress, etc., prepare the execution design including details of the basic design. (3) Standards for details, period and management of the execution design, and formulation of design drawings and specifications shall be determined by the Minister of Land, Transportation and Maritime Affairs. (4) The provision of Article 38-10 shall apply mutatis mutandis in the case that the contracting authority prepares the execution design. In this case, "the basic design" shall be presumed to be "the execution design".

(5) The contracting authority may carry out the execution design and the construction work simultaneously for specified types of works and sections in the case of construction projects determined to perform in the lump bidding method pursuant to Article 80 of the Act on Contracts to Which the State is a Party and Article 96 of the Act on Contracts to Which the Local Government is a Party.

[This Article Newly Inserted on Mar. 28, 2000]

Article 38-12 (Surveying and Examination of the Ground) (1) The contracting authority shall survey land and examine the ground for the preparation of the basic design and the execution design. (2) The contracting authority shall secure funds necessary for the surveying and examination of the ground, and shall grant sufficient time for such examination. (3) Items and detail standards for the surveying and examination of the ground under Paragraph (1) shall be determined by the Minister of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Mar. 28, 2000]

Article 38-13 (Examination on Economic Feasibility, etc. of Design) (1) When conducting the basic and the execution design for construction projects of which the total cost exceeds 10 billion won, the contracting authority shall examine the economic feasibility and applicability (hereinafter referred to as the "economic feasibility, etc. of design") by alternative designs for major functions of structures subject to design first hand or have them examined by professionals such as design supervisors, etc. under Article 22 of the Act: Provided, that the contracting authority may examine the economic feasibility, etc. of the design for a construction project of which the total cost is less than 10 billion won, if deemed necessary.

(2) Particulars necessary with respect to the period, the number of times, standard for pricing, methods and procedures for examination of economic feasibility, etc. of designs shall be determined by the Minister of Land, Transportation and Maritime Affairs.

(3) The contracting authority shall reflect suggestions for improvement of design resulted from the examination of economic feasibility, etc. of design under Paragraph (1) to the respective design, unless there are reasonable reasons not to do so, such as technological difficulty in application and excessive increase of cost. (4) The contracting authority shall, when it has examined the economic feasibility, etc. of design under Paragraph (1), notify the Minister of Land, Transportation and Maritime Affairs of the result.

[This Article Newly Inserted on Mar. 28, 2000]

Article 38-14 (Examination and Management of the State of Execution) (1) The contracting authority and the supervisor who resides onsite and acts as the representative of the specialized construction supervising firm, while managing overall matters of supervision for the respective construction (hereinafter referred to as the "responsible supervisor") shall examine and manage the state of execution for proper performance of construction work, ensuring of quality and improvement of technology pursuant to laws and subordinate statutes relevant to execution of the construction project concerned.

(2) The contracting authority and the responsible supervisor shall take measures necessary for smooth execution of the construction work concerned, including advance purchase of equipment required for the relevant construction work. (3) The contracting authority and the responsible supervisor shall make efforts for efficient execution and management of the construction work concerned by getting hold of, for example, possible problems in the execution and management of the construction work concerned, etc.

[This Article Newly Inserted on Mar. 28, 2000]

Article 38-15 (Management of Construction Work)

(1) The contracting authority and the responsible supervisor shall manage and supervise whether the constructor carries out the plan for construction process, cost, quality, safety, management of subcontractors, etc. (including the quality control plan under Article 24 (2) of the Act; hereinafter referred to as the "work management plan") and take appropriate measures against traffic congestion and environmental pollution.

(2) The contracting authority and the responsible supervisor may have the constructor of a construction project of which total cost exceeds 50 billion won compare the actually invested money and time with those planned every time an industrial technology subdivided, as determined by the Minister of Land, Transportation and Maritime Affairs, has completed and managed them according to the results.

[This Article Newly Inserted on Mar. 28, 2000]

Article 38-16 (Completion of Construction Work)

(1) The report on the completion of a construction work shall be attached with documents of the following subparagraphs:

1. Drawings and specifications on the completion;

2. Records of quality (including the list of all quality tests or inspection results);

3. Structural calculation (only in the case that the construction work has been executed differently from the structural calculation of the original execution design);

4. Matters necessary for maintenance of structures;

5. Report on assessment of new or special technology (only in case new or special technology has been applied); and

6. Report of test run results (only in the case that a test run has been conducted). (2) The contracting authority and the responsible supervisor may conduct preparatory inspection on completion considering the nature and scope of the construction work. In this case, the person who conducts the inspection on completion shall ascertain whether matters pointed out at the preparatory inspection on the completion have been corrected.

[This Article Newly Inserted on Mar. 28, 2000]

Article 38-17 (Keeping Records of Participators in Construction Work) (1) The contracting authority shall keep records of the attended period and duties of respective officials of the government and service providing institutions (including officials who estimated the demand at the feasibility study, who made out drawings and specifications or who calculated the construction cost for such services as design, etc.) who have participated in the execution process of the construction work and shall, when the construction work is completed, notify the responsible supervisor of the records.

(2) The responsible supervisor shall enter the records notified under Paragraph (1) and the records of the attended period and performed duties of supervisors and constructors (referring to field managers or persons of higher posts of the main contractor or subcontractors) into the final report on supervision. [This Article Newly Inserted on Mar. 28, 2000]

Article 38-18 (Ex post facto Evaluation)

(1) The contracting authority shall, when a construction project of which total cost exceeds 50 billion won is completed, examine and analyze details and effects of the construction work and prepare an ex post facto evaluation. (2) When preparing the evaluation under Paragraph (1), the contracting authority shall examine and analyze matters of the following subparagraphs based on the evaluation of services and execution of work under Article 36 of the Act and the report on the completion under Article 38-16 (1).

1. Comparison and analysis of estimated construction cost and time with that of the actually expended construction cost and time;

2. Comparison and analysis of expected demands and effects at the planning of the construction project with actual demand and effects of work after the completion of the project;

3. Problems of and suggestions for improvement of the project; and

4. Response of residents to and satisfaction of users in regards to the project, and other factors the contracting authority deems necessary. (3) The contracting authority shall establish the ex post facto evaluation committee to provide advice and suggestion with respect to the propriety of the ex post facto evaluation under Paragraph (1). (4) Members of the ex post facto evaluation committee shall be appointed or commissioned among persons recommended by the Central Committee, Local Committee and the Special Committee, the ex post facto evaluation committee of other contracting authority, relevant citizens' organizations, and professionals in the relevant fields.

(5) When the contracting authority has consulted with the ex post facto evaluation committee, it shall reflect the result in the ex post facto evaluation and take other necessary actions in connection with the result of the consultation, unless there is any reasonable reason to do otherwise. (6) The ex post facto evaluation committee shall deliberate matters of the following matters:

1. Matters concerned with results of the examination and analysis under Paragraph (2);

2. Matters concerned with the objective and transparent evaluation index and measuring method necessary for examination and analysis under Paragraph (2); and

3. Other matters the contracting authority requests with respect to the propriety of the ex post facto evaluation under Paragraph (1). (7) Matters necessary with respect to the organization and operation of the ex post facto evaluation other than those provided in Paragraphs 4 through 6 shall be determined by the contracting authority. (8) Matters necessary with respect to the time and method for the evaluation under Paragraph (1) shall be determined by the Minister of Land, Transportation and Maritime Affairs. (9) The contracting authority shall disclose the ex post facto evaluation under Paragraph (1) to the public so that it can be used as data for efficient performance of similar types of construction works under the conditions as determined by the Minister of Land, Transportation and Maritime Affairs.

(10) The Minister of Land, Transportation and Maritime Affairs may accumulate and analyze the ex post facto evaluations under Paragraph (1), and may determine the standard time and cost required for each execution process of construction work and notify such to the public. [This Article Newly Inserted on Mar. 28, 2000]

Article 38-19 (Maintenance)

(1) The person in charge of maintenance of structures installed during the process of the construction projects shall maintain the relevant structures safely and efficiently under the conditions as provided in relevant laws and subordinate statutes, including the Special Act on Safety Control of Public Structures.

(2) The person in charge of maintenance of structures shall keep and preserve drawings, documents and data concerned with the construction project of the following subparagraphs:

1. Drawings and specifications on the completion;

2. Records of quality (including the list of all quality tests or inspection results);

3. Structural calculation;

4. Report on special matters in the process of execution;

5. The ex post facto evaluation made pursuant to Article 38-18(1); and

6. Reports on safety test and inspection, and other data the person in charge of maintenance of structures deems necessary for maintenance of the structures. [This Article Newly Inserted on Mar. 28, 2000]

Article 38-20 (Construction Site Inspection, etc.) (1) Construction works on which a site inspection may be conducted for the purpose of prevention of fraudulent construction work pursuant to Article 21-5 (1) of the Act shall be construction works falling under any one of the following subparagraphs:

1. The construction work from of which construction sites where disasters, as defined in Article 2 (1) of the Countermeasures against Natural Disasters Act or damages as defined in item (b) of Article 3 (1) of the Framework Act on the Management of Disasters and Safety, have occurred;

2. The construction work from of which sites where serious defects, as defined in Article 12 of the Special Act on Safety Control of Public Structures, has been found;

3. The construction work for which the head of administrative organ that granted permission, authorization, approval, etc. or the contracting authority deems necessary for site inspection due to complaints being raised against fraudulent work or for the purpose of prevention of accidents; or

4. The construction work for which the Minister of Land, Transportation and Maritime Affairs deems necessary for site inspection complaints being raised against fraudulent work or for the purpose of prevention of accidents. (2) If a construction work turns out to be fraudulent as a result of the construction site inspection under Article 21-5 (1) of the Act, the Minister of Land, Transportation and Maritime Affairs may order the persons falling under any one of subparagraphs of Article 21-4 (1) of the Act to take measures seen in the following subparagraphs: Provided, that this shall not apply to cases where the entrusted institution under Article 303 of the Enforcement Decree of the Atomic Energy Act has ordered corrective or complementary measures as a result of the site inspection on construction works of nuclear reactors under subparagraph 8 of Article 2 of the Atomic Energy Act, radioactive generating devices under subparagraph 9 of the same Article of the same Act, related facilities under subparagraph 10 of the same Article of the same Act, nuclear fuel cycling facilities under Article 45 of the same act and waste facilities under Article 76 (1) of the same Act (hereinafter referred to as the "construction works of atomic energy facilities").

1. Suspension of the construction work for a certain period in the case that the construction work is deemed to cause damage to the structural safety of the structure;

2. Examination on whether the construction work meets the standards as specified in design drawings and specifications, and corrective measures according to the examination result; or

3. Placing of signposts as prescribed by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs at the entrance of the construction work site. (3) The signposts under Subparagraph (3) of Paragraph 2 shall be kept installed until corrective measures, etc. are completed and no one shall damage them.

[This Article Newly Inserted on Aug. 4, 1995]

Article 39 (Services Subject to Design Supervision) Such services as design, etc. to be placed under design supervision under Article 22 (1) of the Act shall be as seen in the following subparagraphs: Provided, that this shall not apply to designs that are conducted by institutions under Subparagraphs 1 through 7 of Article 47 (2) or by local enterprises under the Local Public Enterprises Act and that are supervised by officials belonging to the institutions or the local enterprises, and execution designs that are conducted by the person eligible for execution design for lump bidding under Article 100 (1) of the Act on Contracts to Which the Local Government is a Party.

1. The basic (only in the case that the contracting authority deems design supervision necessary) and execution designs for construction of class 1 and class 2 facilities under the Special Act on Safety Control of Public Structures;

2. The basic (only in the case that the contracting authority deems design supervision necessary) and execution designs for construction work that includes class 1 and class 2 facilities under the Special Act on Safety Control of Public Structures;

3. The basic and execution designs for construction work that includes structures constructed using new or special technology and for which the contracting authority deems design supervision necessary; or

4. Other basic and execution designs for construction work for which the contracting authority deems design supervision necessary. [This Article Newly Inserted on Aug. 4, 1995]

Article 39-2 (Scope of Design Supervision Service, etc.) (1) The scope of design supervision service under Article 22 (2) of the Act shall be as follows:

1. Examination on whether the design conforms to relevant laws and subordinate statutes and standards for design and execution of construction work;

2. Examination on propriety in the selection of installation forms and construction method of structures;

3. Examination on propriety in the selection of materials;

4. Prior examination on possibility for execution of the design;

5. Examination on propriety of structural calculation;

6. Examination on propriety of land surveying and the study on the ground;

7. Management of design process;

8. Examination on propriety of the times and cost for the construction work;

9. Examination on economic feasibility of the design;

10. Examination on propriety of the design draft; and

11. Preparation of report on the result of design supervision. (2) Particulars on matters prescribed in subparagraphs of Paragraph (1) and matters with respect to the standard for design supervision price shall be determined by the Minister of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Jul. 30, 2001]

[The former Article 39-2 was moved to Article 39-6. ] Article 39-3 (Notification of Contracts for Construction Management Service)

The contracting authority shall, when it has entrusted the management of construction works for a construction project to a construction manager pursuant to Article 22-2 (1), notify the Minister of Land, Transportation and Maritime Affairs of the details of the contract (including alterations of the contract) for the construction management service within 10 days and the Minister of Land, Transportation and Maritime Affairs shall maintain and manage the notified details.

[This Article Newly Inserted on Jul. 30, 2001]

Article 39-4 (Details of Construction Management Service) (1) Details of the construction management service under Article 22-2 (2) shall be as follows:

1. Management of the basic plan and the feasibility study for the construction work;

1-2. Management of the contract for the construction work; 1-3. Management of designs for the construction work;

2. Management of funds for the construction work;

3. Management of process for the construction work;

4. Quality control for the construction work;

5. Safety control for the construction work;

6. Management of information of the construction work; 6-2. Follow-up management after the completion of the construction work; and

7. Other matters as provided in the contract for the construction management service.

(2) Particulars necessary with respect to matters as prescribed in subparagraphs of Paragraph (1) shall be determined by the Minister of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Jul. 30, 2001]

Article 39-5 (Indemnity for Damages of the Construction Management Firm)

(1) The period, objects and amount of the insurance or the mutual-aid under Article 22-3 of the Act shall be as follows:

1. Period: The period from the date of start to the date of completion of the construction work

2. Objects: Construction management of the construction work

3. Amount: Contract price for construction management of the construction work

(2) The construction management firm shall submit the respective insurance policies or mutual-aid deeds at the time of signing the contract for the construction management service concerned.

(3) Matters necessary with respect to calculation of the amount and procedures for contract of insurance or mutual aid shall be determined and announced by the Minister of Land, Transportation and Maritime Affairs. [This Article Newly Inserted on Jul. 30, 2001]

Article 39-6 (Standardization of Design, etc.)

(1) The Minister of Land, Transportation and Maritime Affairs shall formulate and enforce a comprehensive plan for construction standardization and its enforcement plan for efficient promotion of the standardization of design, etc. under Article 23-3 (1) of the Act. (2) The Minister of Land, Transportation and Maritime Affairs may, in the event that he/she recommends a pilot design and pilot execution pursuant to Article 23-2( 2) of the Act, provide financial support necessary for it, and in the case of recommending a pilot production, may recommend the contracting authority to use materials made in the pilot production. [This Article Newly Inserted on Jul. 21, 1997]

[Moved from Article 39-2 Chapter 6 Quality Control of Construction Works

Article 40 (Guidance, Supervision, etc. of Quality Control) (1) The person who awards a contract for construction works (referred to as the "contracting person" hereinafter in this chapter) shall specify the industrial technologies and materials (including raw and subsidiary materials; the same applies hereinafter) for which the building contractors and registered housing constructors shall conduct quality tests and inspections pursuant to Article 24 (2) of the Act on design drawings and specifications.

(2) The contracting person may inspect whether building contractors or registered housing constructors properly performed the duty of quality control of execution of construction works and materials in accordance with the quality control plan or quality testing plan that they have formulated pursuant to Article 24 (2) of the Act.

(3) The contracting person shall make arrangements so that building contractors or registered housing constructors may attend the inspection he/she is purposed to conduct with respect to their performance of the duty of quality control under Paragraph (2). (4) The contracting person may, in the case that he/she deems that correction is necessary as a result of the inspection under Paragraph (3), request the building contractors or registered housing constructors for corrections, and the building contractors or registered housing constructors who received such request for corrections shall make the corrections without delay and notify the result to the contracting person.

(5) The contracting person may entrust the inspection on performance of the duty of quality control under Paragraph (2) to the national or public testing institutions under Article 48 (1). [Wholly Amended on Jul. 21, 1997]

Article 41 (The Scope, etc. of Construction Works Subject to Formulation of Quality Control Plan, etc. ) (1) The scope of construction works for which building contractors or registered housing constructors shall formulate a plan for quality control pursuant to Article 24 (2) of the Act shall be as follows:

1. A construction work subject to the wholly responsible supervision under subparagraph (1) of Article 50 (1) for which the total cost (including the cost for government-supplied materials, but excluding compensation cost arising from acquisition and use of land, etc; the same applies hereinafter) exceeds 50 billion won;

2. A construction work for public access buildings under subparagraph (3) of Article 5 (4) of the Building Act with a total floor area of less than 30,000 square meters; and

3. A construction work for which the contract specifies the formulation of a plan for quality control.

(2) Construction works that are not specified in Paragraph (1), but fall under any one of the following subparagraphs shall formulate a plan for quality test under conditions as prescribed by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

1. Public works for which the total cost exceeds 500 million won;

2. Construction work for a building with a total floor area of not less than 660 square meters; and

3. A specialized construction work for which the total cost exceeds 200 million won.

(3) Building contractors or registered housing constructors may not formulate a plan for quality control or quality test under Paragraphs (1) and (2) for construction works such as atomic energy facilities and those that the Ordinance of the Ministry of Land, Transportation and Maritime Affairs prescribes as construction works for which formulation of a plan for quality control or test is unnecessary considering the nature of the construction work. [Wholly Amended on Jul. 21, 1997]

Article 42 (Standards, etc. for Formulation of Plan for Quality Control )

(1) A plan for quality control under Article 24 (2) of the Act shall conform to Korean Industrial Standard (KS A) 9001 under the Industrial Standardization Act: Provided, that this shall not apply to matters of which the contracting person has notified building contractors or registered housing constructors that the formulation of a plan for quality control is deemed unnecessary considering the nature of the construction work. (2) Quality tests and inspections under Article 24 (2) shall be carried out in conformity to the Korean Industrial Standards under the Industrial Standardization Act, standards for design and execution as specified in subparagraphs of Article 34 (1) of the Act, or the standard for quality test as determined by the Minister of Land, Transportation and Maritime Affairs.

(3) Building contractors or registered housing constructors may not conduct quality test or inspection for the following materials notwithstanding Paragraph (2): Provided that this shall not apply to the case where the contracting person deems that quality test or inspection is needed, as the materials are worried to degenerate with the passage of time or change of places.

1. Materials for which the specialized quality test institution under Article 25 (1) of the Act submits a test result; In this case, the materials for which the test result is submitted should be tested after having been sealed or confirmed by the contracting person or the supervisor;

2. KS-certified products under the Industrial Standardization Act; and

3. Materials that have passed quality test or of which quality have been certified under relevant laws and subordinate statutes, including the Housing Act. (4) Particulars with respect to quality test, inspection and other services and standards for construction engineers who perform quality control service pursuant to Article 243 (2) of the Act, and standards for test and inspection equipment shall be provided by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

[Wholly Amended on Jul. 21, 1997]

Article 43 (Procedures for Formulation of Quality Control Plan, etc. )

(1) A building contractor or registered housing constructor shall, when he/she has formulated a quality control plan or quality test plan, submit it to the contracting person after receiving confirmation of the construction supervisor or inspector and shall obtain approval of the contracting person before the start of the construction work (work preparations such as readjustment of the construction site and installation of temporary office shall not be considered as the start of construction work). The same shall apply to the alteration of the quality control and quality test plan.

(2) A contracting person of construction work that is not a contracting authority shall, when he/she has received the quality control or quality test plan from a building contractor or registered housing constructor under Paragraph (1), present the details of it to the head of the administrative organ that has granted permission, authorization, approval, etc. for the construction work.

(3) The contracting person or the head of the administrative organ that has received the quality control or quality test plan under Paragraphs (1) and (2) shall examine the details of the plan and if any matters to be complemented for is found, and have building contractors or registered housing constructors complement for it.

[Wholly Amended on Jul. 21, 1997]

Article 44 Deleted

Article 45 (Management, Application, etc. of the Result of Quality Test or Inspection)

(1) A building contractor or registered housing constructor shall, when he/she has finished quality test or inspection, make a comprehensive report on quality test or inspection results under conditions as determined in the Ordinance of the Ministry of Land, Transportation and Maritime Affairs, and when he/she applies for inspection on completed portion of the construction work, preparatory inspection on the completion or inspection on the completion, shall submit it to the contracting person. (2) The person that conducts inspection on completed portions of the construction work, preparatory inspection on the completion or inspection on the completion shall examine the comprehensive report on quality test or inspection results under Paragraph (1).

(3) A contracting person of construction work for first-class structures and second-class structures under subparagraphs 2 and 3 of article 2 of the Special Act on Safety Control of Public Structures shall, when he/she has completed the construction work, hand over the comprehensive report on quality test or inspection results to the management authority under subparagraph 4 of Article 2 of the same Act.

(4) A contracting person (referring to the management authority, in the case that the comprehensive report on quality test or inspection results has been handed over to the management authority) shall keep the comprehensive report on quality test or inspection results as long as the structures concerned stay in existence. [Wholly Amended on Jul. 21, 1997]

Article 46 Deleted

Article 46-2 (Formulation of Safety Control Plan) (1) Construction works for which the establishment of a safety supervision program is required under Article 26-2 (3) shall be as follows: Provided that construction works for atomic energy facilities shall be excluded.

1. Construction work for first-class structures and second-class structures under subparagraphs 2 and 3 of Article 2 of the Special Act on Safety Control of Public Structures;

2. Construction work that digs in the ground to the depth of 10 meters or more. In this case, the excavated part for water wells, elevator pits, water purifying tanks and the like shall be excluded from the calculation of the depth of excavation, and in the case there is difference of elevation in the land the depth shall be calculated in accordance with Article 119 (2) of the Enforcement Decree of the Building Act;

3. Construction work that uses explosives and that has structures within a radius of 20 meters and domestic animals within a radius of 100 meters which may be potentially affected by the construction work;

4. Construction work for building with not less than 10 stories and not more than 16 stories or work for remodeling or demolishing of building with 10 or more stories; and

5. Construction work not specified in Subparagraphs 1 through 4 but that the contracting person deems that safety control is particularly needed. (2) A building contractor or registered housing constructor shall, when he/she has formulated a safety supervision program, submit it to the contracting person after receiving confirmation of the construction supervisor or inspector and shall obtain approval of the contracting person before the start of the construction work (work preparations such as readjustment of the construction site and installation of temporary office shall not be considered as the start of construction work). The same shall apply to the alteration of the quality control and quality test plan. (3) A contracting person of construction work that is not a contracting authority shall, when he/she has received the safety supervision program from a building contractor or registered housing constructor under Paragraph (2), present the details of the program to the head of the administrative organ that has granted permission, authorization, approval, etc. for the construction work. (4) The contracting person or the head of administrative organ that has received the safety supervision program under Paragraphs (2) and (3) shall examine the details of the program and notify the building contractor or registered housing constructor of the result. (5) The contracting person or the head of administrative organ may entrust the institution falling under any one of subparagraphs of Article 46-4 (2) with the examination on details of the safety supervision program under Paragraph (4).

(6) The contracting person or the head of the administrative organ shall judge results of the examination under Paragraph (4) into the following categories:

1. Proper: Where the safety in the process of the construction work concerned is deemed to have been sufficiently secured, as the program arranges necessary measures for safety in a detailed and clear manner;

2. Conditionally Proper: Where it is deemed that there are a few points to be complemented in the program, although they are not critical for the acquisition of safety; and

3. Improper: Where it is deemed that accidents may potentially occur in the process of construction and the program has critical defects. (7) The contracting person or the head of administrative organ shall take necessary measures, including modification of the safety supervision program, when the safety supervision program submitted by a building contractor or a registered housing constructor has been judged to be improper as provided in Subparagraph 3 of Paragraph (6).

[Wholly Amended on Jul. 21, 1997]

Article 46-3 (Details of Safety Supervision Program) (1) A safety supervision program shall include the following matters:

1. Outline of the construction work concerned and the safety supervision organization;

2. Safety supervision plan for each construction process;

3. Safety control in the area surrounding the construction site;

4. Plan for transit safety facilities and traffic;

5. Plan for collection of safety management fees;

6. Plan for safety education and emergency measures; and

7. Safety supervision plan by industrial technologies (including construction methods and execution procedures by subject structures). (2) Particulars for matters specified in subparagraphs of Paragraph (1) shall be determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Jul. 21, 1997]

Article 46-4 (Execution of Safety Inspection)

(1) A building contractor or a registered housing constructor shall execute safety inspection in accordance with the following classification directly or by entrustment to a construction safety inspection institution according to Paragraph (2) under conditions as prescribed in the following subparagraphs:

1. Daily safety inspection shall be executed everyday during the period of the construction work according to a plan made by the building contractor or a registered housing constructor;

2. Periodical safety inspection shall be executed at the time and intervals as prescribed by the Minister of Land, Transportation and Maritime Affairs taking into consideration the types and scale of construction works;

3. If it is necessary to mend or reinforce physical or functional defects that have been found at the periodical safety inspection, a close safety inspection shall be executed;

4. A safety inspection of a higher level than the periodical safety inspection under Paragraph 2 shall be executed for construction works falling under Subparagraph 1 of Article 46-2 (1) immediately before the completion (including tentative use) of the construction work; and

5. If any structures for a construction work falling under Subparagraph 1 of Article 46-2 (1) have been left unused for more than one year due to suspension of the construction work, a safety inspection shall be executed for such structures before the resumption of the construction work.

(2) A periodical safety inspection, close safety inspection, etc. under Subparagraphs 2 through 5 of Paragraph (1) shall be executed by an institution (hereinafter referred to as the "construction safety inspection institution") falling under any one of the following subparagraphs: Provided, that in the case that the contracting authority has registered itself as a specialized safety-check institution under Article 9 of the Special Act on Safety Control of Public Structures, it shall be able to execute the periodical safety inspection only.

1. A specialized safety-check institution that has registered itself pursuant to Article 9 of the Special Act on Safety Control of Public Structures; and

2. Korea Infrastructure Safety and Technology Corporation. (3) A building contractor or a registered housing constructor shall, when he/she intends to entrust the execution of periodical safety inspection or close safety inspection to a construction safety inspection institution, obtain approval of the contracting person (referring to the head of the administrative organ that has granted permission, authorization, approval, etc. for the construction work concerned, in case of a contracting person that is not a contracting authority) for it. In this case, the execution of a periodical safety inspection or close safety inspection shall not be entrusted to a construction safety inspection institution that is an affiliated company (referring to an affiliated company as defined in subparagraph 3 of Article 2 of the Monopoly Regulation and Fair Trade Act) of the person that awards the contract for, designs, execute or supervise the construction work concerned.

(4) A construction safety inspection institution that has executed safety inspection shall notify the result of the safety inspection to the contracting person, the head of administrative organ that has granted permission, authorization, approval, etc. for the construction work concerned (only in the case that the contracting person is not a contracting authority) and the building contractor or the registered housing constructor. The contracting person or the head of the administrative organ that has been notified of the inspection result may request the building contractor or the registered housing constructor for necessary measures, including mending and reinforcement. (5) A person who is eligible for the execution of the periodical and close safety inspection under Subparagraphs 2 through 5 of Paragraph (1) shall be a person who has completed training in safety inspection or close safety check of the relevant field accredited by the Minister of Land, Transportation and Maritime Affairs pursuant to Article 7 of the Special Act on Safety Control for Public Structures among special grade engineers in the relevant field as indicated in Table 1. In this case, the responsible safety inspection engineer may, if it is necessary for the execution of safety inspection, have a person qualified as set forth in the section of registration requirements for technical personnel of Table 3 of the Enforcement Decree of the Act on Safety Control for Public Structures execute safety inspection under his/her supervision.

(6) The cost of the performance of safety inspection under Article 26-2 (3) of the Act shall be the sum of expenses as set forth in the following subparagraphs:

1. Direct personnel expenses (referring to wages and allowances for personnel that performs safety inspection service);

2. Direct expenses (referring to expenses for travel and operation of vehicles necessary for performance of safety inspection service);

3. Indirect expenses (referring to expenses that are not included in the direct personnel expenses and the direct expenses);

4. Charges for technology; and

5. Other expenses necessary for safety inspection, including expenses for investigations and tests.

(7) Detail standard for calculation of cost of the performance of safety inspection under Paragraph (6) shall be announced by the Minister of Land, Transportation and Maritime Affairs taking into consideration the types and scale of construction works. (8) Matters with respect to safety inspection according to plans made by the building contractor or a registered housing constructor, periodical safety inspection, and close safety inspection shall be set forth by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs. [This Article Newly Inserted on Jul. 21, 1997]

Article 46-5 (Formulation, Maintaining, etc. of the Comprehensive Report on Safety Inspection)

(1) The comprehensive report (hereinafter referred to as the "comprehensive report") on safety inspection under Article 26-2 (4) of the Act shall include details of and measures taken in respect to safety inspection executed pursuant to Subparagraphs 2 through 5 of Article 46-4 (1).

(2) The contracting authority or the head of the administrative organ that has granted permission, authorization, approval, etc. for the relevant construction work that has received the comprehensive report under Articles 26-2 (4) and 26-2 (5) of the Act shall submit the comprehensive report (only on first-class and second-class structures under subparagraphs 2 and 3 of Article 2 of the Special Act on Safety Control for Public Structures) to the Minister of Land, Transportation and Maritime Affairs within three months after the completion of the construction work concerned.

(3) The Minister of Land, Transportation and Maritime Affairs, the contracting authority and the head of administrative organ that has granted permission, authorization, approval, etc. for the construction work concerned shall maintain the received comprehensive report accordingly to the following:

1. The Minister of Land, Transportation and Maritime Affairs shall keep the comprehensive report on first-class and second-class structures under subparagraphs 2 and 3 of Article 2 of the Special Act on Safety Control for Public Structures as long as the structures exist; and

2. The contracting authority and the head of the administrative organ that has granted permission, authorization, approval, etc. for the construction work concerned shall keep comprehensive reports other than the comprehensive report under Paragraph 1 until the expiration of the warranty period for the respective construction work. (4) The management authority under subparagraph 4 of Article 2 of the Special Act on Safety Control of Public Structures may, if necessary for safety and maintenance of structures, request the Minister of Land, Transportation and Maritime Affairs to allow him/her to inspect the comprehensive report or to deliver him/her a copy of the report. In this case, the Minister of Land, Transportation and Maritime Affairs shall grant the request, unless there is a justifiable reason not to do so. (5) The Minister of Land, Transportation and Maritime Affairs may determine particular guidelines for formulation and management of the comprehensive report separately.

[Wholly Amended on Dec. 31, 2007]

Article 46-6 (Function, etc. of Safety Supervision Organization) (1) The scope of duties of the general manager in charge of safety under subparagraph 1 of Article 26-3 (1) of the Act shall be as follows:

1. Formulation and submission of a safety supervision plan;

2. Assignment of and supervision over works for persons concerned with safety control;

3. Emergency summons and measures when an accident threatens to happen or has happened;

4. Execution and check of safety supervision expenses;

5. Operation of the body that consists of contractors and subcontractors (hereinafter in this article referred to as the "consultative body") under subparagraph 4 of Article 26-3 (1) of the Act;

6. Support of facilities and equipment necessary for safety control;

7. Direction and supervision of the safety education under Article 46-7; and

8. Enforcement of safety inspection according to plans made by the building contractor or a registered housing constructor under subparagraph 1 of Article 46-4 (1), and direction and measures according to the result. (2) The scope of duties of the managers in charge of safety by sectors of specialty under subparagraph 2 of Article 26-3 (1) of the Act shall be as follows:

1. Examination and enforcement of the safety supervision and the safety supervision plan by sectors of specialty;

2. Supervision over whether standard materials are used;

3. Enforcement of safety inspection according to a plan made by the building contractor or a registered housing constructor under subparagraph 1 of Article 46-4 (1), and direction and measures according to the result;

4. Report of accidents that happened at the construction site;

5. Enforcement of the safety education under Article 46-7; and

6. Observation on and guidance of work progress. (3) The scope of duties of the foremen who directly perform the execution and safety control of construction work on the spot under subparagraph 3 of Article 26- 3 (1) of the Act shall be as follows:

1. Assistance to the managers in charge of safety by sectors of specialty;

2. Enforcement of safety inspection according to plans made by the building contractor or a registered housing constructor under subparagraph 1 of Article 46-4 (1), and direction and measures according to the result; and

3. Enforcement of the safety education under Article 46-7. (4) The consultative body shall consist of representatives of contractors and subcontractors and hold a meeting once or more times each month. (5) The consultative body shall hold a conference on the enforcement of the safety supervision program and measures in the event that accidents occur. [This Article Newly Inserted on Jul. 30, 2001]

Article 46-7 (Safety Education)

(1) The managers in charge of safety by sectors of specialty or the foremen who directly perform the first-hand execution and safety control shall administer the safety education under Article 26-4 of the Act to construction workers each day before starting work for the day.

(2) The safety education shall include understanding of the construction method, detail execution orders according to detail execution drawings and technical directions for execution of construction works for the day. (3) The building contractor or the registered housing constructor shall record and keep details of the safety education, and shall submit them to the contracting authority together with other relevant documents after the completion of the construction work.

[This Article Newly Inserted on Jul. 30, 2001]

Article 46-8 (Environmental Supervision of Construction Work) (1) "Other measures required for environmental-friendly construction works as determined by Presidential Decree" in Article 25-6 (1) of the Act refers to measures as follows:

1. Environmental supervision of construction work site to perform contents as prescribed by the management of construction work under Article 38-15;

2. Arrangement and restoration of the environment of the construction work site into its original state;

3. Development of and support to environment-friendly construction works;

4. Development and management of technical personnel for environment- friendly construction works, and construction and promotion of utilization of construction environment information system;

5. Support for environment-friendly construction technologies for national and urban planning projects, etc.; and

6. Other measures as determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs for environment-friendly construction works. (2) The Minister of Land, Transportation and Maritime Affairs formulate a master plan for the construction environment (hereinafter the "construction environment plan") every five years to efficiently promote measures necessary for environment- friendly construction works. (3) The Minister of Land, Transportation and Maritime Affairs shall, when he/she formulates the construction environment plan under Paragraph (2), hear opinions of relevant professionals and civic organizations, and then consult with the head of the central administrative organ concerned. The same shall apply to the alteration of important matters in the master plan. (4) The Minister of Land, Transportation and Maritime Affairs shall, when he/she has formulated the construction environment plan, prepare guidelines for formulation of a detailed enforcement plan after hearing the opinion of the head of the administrative organ concerned and notify the head of the respective administrative organ of it.

(5) The head of the administrative organ concerned shall submit the yearly detailed enforcement plan formulated in compliance with the guidelines under Paragraph (4) by the end of January of each year and the performance report of it by the end of January of the following year to the Minister of Land, Transportation and Maritime Affairs. (6) Matters with respect to procedures, method, etc. necessary for the environmental supervision of construction work site under Subparagraph 1 of Paragraph (1) shall be determined and announced by the Minister of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Jul. 30, 2001]

Article 46-9 (Investigation on Accident at Construction Work Site, etc.) (1) The head of the contracting authority and the head of the administrative organ that has granted permission, authorization, approval, etc for construction works (hereinafter referred to as the "contracting authority, etc.") shall, when a serious accident under Article 26-6 (1) of the Act occurred at a construction work site, immediately present an accident report including the following particulars to the Minister of Land, Transportation and Maritime:

1. Date, time and place of the accident;

2. Details of the accident;

3. Measures that have been taken; and

4. Measures to be taken. (2) The contracting authority, etc. may investigate details and causes of a serious accident at a construction work site at first hand according to Articles 26-6 (1) and 26-6 (3) of the Act or may have the construction accident investigation committee under Article 46-10 investigate them: Provided, that this shall not apply to serious construction accidents for which the Minister of Land, Transportation and Maritime Affairs has decided to investigate details and causes of them at first hand according to Articles 26-6 (1) and 26-6 (3) of the Act or entrust the investigation to the construction accident investigation committee under Article 46-10. [This Article Newly Inserted on Dec. 31, 2007]

Article 46-10 (Composition, Operation, etc. of the Construction Accident Investigation Committee)

(1) The construction accident investigation committee shall consist of members not exceeding 12 including a president.

(2) Members of the construction accident investigation committee shall be appointed or commissioned by the Minister of Land, Transportation and Maritime Affairs or by the contracting authority, etc. that organizes and operates the construction accident investigation committee concerned among persons falling under any of the following subparagraphs:

1. Public officials in charge of affairs pertaining to construction works;

2. Officers of organizations and research institutions pertaining to construction works; and

3. Persons with profound knowledge and experience in construction works. (3) The Minister of Land, Transportation and Maritime Affairs, heads of the contracting authority, etc. or heads of any other administrative organs concerned that have received recommendations or proposals from the construction accident investigation committee under Article 26-7 (2) shall notify the Minister of Land, Transportation and Maritime Affairs and the construction accident investigation committee of the results from the measures he/she or they have taken in connection with such recommendation or proposal. (4) An allowance and travel expenses may be paid to members of the construction accident investigation committee within the limit of the budget: Provided, that this shall not apply to members who are public officials when they attend the meeting of the committee in direct connection with affairs under their charge. (5) Particulars necessary for organization, operation, etc. of the construction accident investigation committee other than those provided in Paragraphs (1) through (4) shall be determined by the Minister of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Dec. 31, 2007]

Article 47 (The Scope, etc. of Construction Works Subject to Assessment of Propriety of Quality Control)

(1) Deleted.

(2) The person who assesses whether the quality of construction work is properly controlled shall take measures necessary according to the result of the assessment.

(3) Matters necessary in respect to the assessment methods of quality control and other assessment under Article 2 (3) of the Act shall be determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

Article 47-2 (Institutions, etc. that Assessment Propriety of Quality Control)

(1) "Other agency as determined by the Presidential Decree" in Article 24 (3) of the Act means institutions falling under any one of the following subparagraphs:

1. Public enterprises and quasi-government agencies that are under guidance and supervision of the Minister of Land, Transportation and Maritime Affairs;

2. Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Funds Act;

3. Korea Electric Power Corporation under the Korea Electric Power Corporation Act and companies newly established pursuant to the Act on Restructuring Promotion of Electric Power Industry;

4. Korea Gas Corporation under the Korea Gas Corporation Act;

5. KT Corporation under the Korea Telecommunication Act;

6. Korea National Oil Corporation under the Korea National Oil Corporation Act;

7. Environmental Management Corporation under the Environmental Management Corporation Act and Korea Environmental Resources Corporation under the Korea Environmental Resources Corporation Act;

8. Deleted;

9. Deleted;

10. Deleted;

11. Korea Radioactive Wastes Management Corporation under the Radioactive Wastes Management Act;

12. Sudokwon Landfill Site Management Corporation under the Act on the Establishment, Operation, etc. of Sudokwon Landfill Site Management Corporation; and

13. Korea District Heating Corporation under the Integrated Energy Supply Act.

(2) Deleted.

[This Article Newly Inserted on Dec. 31, 1993]

Article 47-3 (The Scope of Construction Materials and Parts) (1) "Construction materials and parts as prescribed by the Presidential Decree" in Article 24-2 (1) means construction materials and parts falling under any one of the following subparagraphs:

1. Ready-mixed concrete;

2. Asphalt concrete;

3. Sea sand;

4. Crushed aggregate;

5. Reinforcing rod and H-shaped steel; and

6. Recycled aggregate under the Act on Promotion of Recycling of Construction Wastes.

(2) "Construction works prescribed by the Presidential Decree" in Article 24-2 (2) of the Act means construction works falling under any one of the following subparagraphs:

1. In the case that a building contractor or a registered housing constructor intends to use construction materials and parts under Paragraph (1): Construction works falling under Subparagraphs 1 and 3 of Article 41 (2) or construction works for which the executor of building construction works is restricted pursuant to Article 41 of the Framework Act on the Construction Industry; and

2. In the case that a manufacturer of ready-mixed concrete or asphalt concrete intends to use materials under Subparagraphs 4 or 6 of Paragraph (1): A construction work that is executed by the building contractor or the registered housing constructor under Paragraph 1 and of which the total area of the design exceeds 1,000 cubic meters for ready-mixed concrete or 2,000 cubic meters for asphalt concrete. (3) "Such materials and parts as the Minister of Land, Transportation and Maritime Affairs deems proper in accordance with provisions of the Presidential Decree" in subparagraph 2 of Article 24-2 (2) of the Act means materials and parts falling under any one of the following subparagraphs:

1. Materials and parts that have been found to be equivalent or above the standards specified by the Korea Industrial Standards or to be suitable to specifications for the construction work concerned at quality test and inspection executed by national or public test institutions or by specialized quality inspection institutions at the request of a building contractor or a registered housing constructor, and manufacturer of ready- mixed concrete or asphalt concrete;

2. Materials and parts that have been found to be equivalent or above the standards specified by the Korea Industrial Standards or to be suitable to specifications for the construction work concerned at quality test and inspection executed in the presence of supervisor or inspector of the construction work concerned; or

3. Recycled aggregate that meets the quality standard under Article 35 of the Act on Promotion of Recycling of Construction Wastes. [Wholly Amended on Dec. 9, 2008]

Article 47-4 Deleted.

Article 47-5 (Objects, Criteria and Procedure for Plant Certification) (1) The objects for the grading of steel structures under Article 24- 3(3) of the Act (hereinafter referred to as the "plant certification") shall be the plants that manufacture and supply steel structures to construction work sites. (2) Any person who desires to obtain the plant certification shall submit an application for the plant certification separately for the following fields to the Minister of Land, Transportation and Maritime Affairs.

1. Field of bridge; and

2. Field of building. (3) The plant certification shall be graded as 1, 2, 3 and 4.

(4) Criteria for the plant certification shall be as 2 of Table 1. (5) The Minister of Land, Transportation and Maritime Affairs shall, when he/she has granted a plant certification pursuant to Article 24-3 (1) of the Act, announce it in the official gazette and deliver a certificate for the plant certification to the applicant.

(6) Detail criteria for the plant certification shall be determined and announced by the Minister of Land, Transportation and Maritime Affairs.

(7) The Minister of Land, Transportation and Maritime Affairs shall periodically make a post-certification check to confirm whether the person who has obtained the plant certification continues to meet the criteria for the plant certification. In this case, the post-certification check shall be made within one year and six months after granting the plant certification. (8) A person who took over or relocated a steel structure plant that has obtained the plant certification shall obtain the plant certification within three months after the taking over or relocation of the plant.

[This Article Newly Inserted on Jul. 21, 1997]

Article 47-6 (Validity Period of Plant Certification) The plant certification shall remain valid for three years after the date of announcement under Article 47-5 (5).

[This Article Newly Inserted on Jul. 21, 1997]

Article 47-7 (Announcement of Revocation of the Plant Certification) The Minister of Land, Transportation and Maritime Affairs shall, when he/she has revoked a plant certification pursuant to Article 24-4 of the Act, announce it in the official gazette.

[This Article Newly Inserted on Jul. 21, 1997]

Article 48 (Scope, etc. of State or Public Testing Institutions for Vicarious Execution of Quality Test and Inspection)

(1) "A state or public testing institution as determined by Presidential Decree" in Article 25 (1) of the Act means institutions of the following subparagraphs:

1. Regional Construction Management Administrations, the Ministry of Land, Transportation and Maritime Affairs;

2. Regional Small and Medium Business Administrations and Korean Agency for Technology and Standards, the Small and Medium Business Administration;

3. Laboratories and business offices in the construction field of Special Cities, Metropolitan Cities, Dos and Special Autonomous Dos;

4. Facilities Headquarters, the Ministry of National Defense;

5. Quality Management Team, the Public Procuring Service;

6. Regional Maritime Affairs and Port Offices;

7. Deleted ; and

8. Construction testing research institutes established by national or public universities.

(2) The specialized institutions for quality inspection under Article 25 (1) of the Act shall submit matters of the following subparagraphs to the Minister of Land, Transportation and Maritime Affairs by the end of January of each year:

1. Present status of equipment and technical personnel engaged in quality test and inspection;

2. Present status of sectors certified by testing and inspection institutions under Article 16 of the Enforcement Decree of the Framework Act on State Standards;

3. Testing items, and

4. Quality tests and inspections that have been vicariously executed in the previous year.

(3) The Minister of Land, Transportation and Maritime Affairs may, if he/she deems that a specialized institution for quality inspection is unsuitable to perform vicarious testing and inspection, take necessary measures, including the request for complement of testing equipment and technical personnel, registration to newly recognized fields of testing and inspection under Article 16 of the Framework on State Standards, etc. Article 49 (Registration, etc. of Specialized Institutions for Quality Inspection )

(1) A person that is eligible for registration of a specialized institution for quality inspection shall be a person that meets requirements specified in Table 2.

(2) A person that intends to be registered as a specialized institution for quality inspection shall submit an application for registration separately depending on his/her specialties of the following subparagraphs to the Minister of Land, Transportation and Maritime Affairs:

1. General works;

2. Engineering works;

3. Building works; and

4. Special works: Aggregate, ready-mixed concrete, asphalt concrete, steel materials, fiber, welding (radioactive nondestructive testing, supersonic nondestructive testing, magnetic nondestructive testing and osmotic nondestructive testing) and pile loading test (simple pile load test and pile driving analyzer). (3) The Minister of Land, Transportation and Maritime Affairs shall, when he/she has received an application under Paragraph (2), examine the application as to whether it meets requirements under Table 2 and if it meets the requirements, register it to its specialized field. In this case, if technical personnel, laboratory and testing equipment in which a person falling under any of the following subparagraphs conforms to requirements as specified in Table 2, it shall be considered to meet the requirements.

1. Testing and inspection institutions that have obtained the recognition of the recognition organization designated pursuant to Article 16 of the Framework Act on State Standards;

2. A person who have been registered as a nondestructive inspection business pursuant to Article 11 of the Act on Promotion and Management of Nondestructive Inspection Technology;

3. Engineering activity proprietor that has filed the report under Article 4 of the Engineering Technology Promotion Act;

4. Specialized safety check institution registered pursuant to Article 11 of the Special Act on Safety Control of Public Structures; and

5. Professional engineer office registered pursuant to Article 6 of the Professional Engineers Act.

(4) A specialized institution for quality inspection of general works may conduct tests and inspections for engineering works, building works and special works under Paragraph 2, and a specialized institution for quality inspection of engineering works or building works may conduct tests and inspections for special works. In this case, the said institutions shall possess the technical personnel and testing equipment suitable to special works concerned. (5) Any person that has been registered as a specialized institution for quality inspection pursuant to Paragraph (3) shall report alterations of the following subparagraphs, if any, within 30 days after it occurs to the Minister of Land, Transportation and Maritime Affairs under the conditions as prescribed by the ordinance of the Ministry of Land, Transportation and Maritime Affairs: Provided, that this shall not apply to alterations of tirival matters as prescribed by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

1. Technical personnel, facilities and testing equipment in his/her possession;

2. Location of the laboratory;

3. Names of the institution and the person (in the case of a corporation, name of the representative); and

4. Deleted. (6) The Minister of Land, Transportation and Maritime Affairs shall, when he/she has received or revoked registration of, or suspended service of a specialized institution for quality inspection, announce matters of the following subparagraphs:

1. Date of registration, revocation of registration or service suspension;

2. Registration number;

3. Specialized field of quality test;

4. Deleted;

5. Names of the institution and the person (in the case of a corporation, name of the representative); and

6. Reason for revocation of registration or service suspension (only in the case of revocation of registration or service suspension). (7) A building contractor or a registered housing constructor shall not select a specialized institution for quality inspection that is his/her affiliated company (meaning an affiliated company under subparagraph 3 of Article 2 of the Act on Monopoly Regulation and Fair Trade; the same shall apply hereinafter) as his/her specialized institution for quality inspection.

Article 49-2 (Criteria for Administrative Dispositions of Specialized Institutions for Quality Inspection)

The criteria for administrative dispositions, including revocation of registration, for offenses of the specialized institutions for quality inspection under Article 26 (1) of the Act shall be as prescribed in Table 2-2.

[Wholly Amended on Mar. 31, 2009]

Chapter 7 Responsible Supervision, etc. of Construction Works Article 50 (Scope of Construction Works Subject to Responsible Supervision)

(1) The scope of construction works to be placed under the responsible supervision of a specialized construction supervising firm pursuant to Article 27 (1) of the Act shall be construction works of the following subparagraphs and those that the contracting authority deems necessary for responsible supervision as a result of its examination on the propriety of supervision as prescribed by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

1. Construction works to be placed under the wholly responsible supervision shall be a construction work of which total cost exceeds 20 billion won and of which industrial technology falls under any one of the following items: (a) A construction work that includes construction of bridge with a length of 100 meters or longer;

(b) Airport construction work;

(c) Dam construction work;

(d) Express highway construction work;

(e) Energy storage facilities construction work;

(f) Reclamation work;

(g) Harbor construction work;

(h) Railroad construction work;

(i) Subway construction work;

(j) Construction work that include tunnel work;

(k) Power plant construction work;

(l) Waste treatment plant construction work;

(m) Wastewater treatment plant construction work; (n) Sewage treatment plant construction work;

(o) Waterworks (including filtration plant) construction work; (p) Sewage conduit construction work;

(q) Auditorium and assembly facilities construction work; (r) Exhibition facilities construction work;

(s) Public office building construction work;

(u) Power transmission work;

(v) Substation construction work;

(w) Apartment house construction work; and

(x) Deleted

2. Construction works to be placed under the partially responsible supervision shall be construction works other than those specified in Subparagraph 1 that construct major structures as determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs, including bridges, tunnels and water gates, and that the contracting authority deems the partially responsible supervision necessary. (2) "Such construction work as defined by the Presidential Decree" in the proviso of Article 27 (1) of the Act means the following construction works: Provided, that construction works that the contracting authority deems the wholly or the partially responsible supervision necessary shall be excluded therefrom.

1. Work for repair, restoration and improvement of cultural properties designated or provisionally designated under the Protection of Cultural Properties Act;

2. Work for rural community improvement and agricultural-industrial complex development projects under the Rural Community Improvement Act, and work incidental to rural living environment improvement projects;

3. Work that is executed by an institution under Subparagraph 1 through 7 of Article 47-2 (1) and a local public enterprise under the Local Public Enterprises Act and supervision conducted by an official of the institution or the enterprise pursuant to the standard for deployment of supervisor under Article 52;

4. Simple and repetitive construction work as determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs;

5. Special military work, work for correctional institution and construction related with state secrecy that requires security;

6. Work for broadcasting facilities that require expertise; and

7. Atomic energy facility work. (3) The contracting authority may, in the case that construction works for which it enters into a contract are performed with similar industrial technologies and their work sites are adjacent, integrate such construction works into one and have the responsible supervision be conducted over the integrated construction work. (4) Matters necessary with respect to the integrated supervision under Paragraph (3) shall be determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs. [Wholly Amended on Aug. 4, 1995]

Article 50-2 Deleted

Article 51 (Selection, etc. of Specialized Construction Supervising Firm) (1) The contracting authority shall not, in the case that it selects a specialized construction supervising firm to conduct the responsible supervision, etc. under Articles 27 and 27-2 of the Act, select a person (referring to each of the joint contractors in case of a joint contract by a lump bidding for design and execution of construction work) who was contracted for the construction work concerned and any of affiliated companies of the contractor as the specialized construction supervising firm, and in the case that the specialized construction supervising firm has become an affiliated company of the contractor for the construction work concerned, the specialized construction supervising firm shall be replaced by another immediately. (2) The contracting authority may, in connection with the selection of a specialized construction supervising firm, separately determine the types of qualification, technological level, etc. of the person to be appointed as the supervisor considering the scale of the construction work and characteristics of structures and when it deems it necessary for the features of the construction work concerned, it may ask the specialized construction supervising firm to make arrangements so that a person with special technology attends the supervision notwithstanding the qualification for supervisor as defined in Article 51-2. (3) Deleted

(4) The contracting authority shall, unless it has special reason not to do so, select the specialized construction supervising firm prior to starting the construction work concerned.

(5) The selection of the specialized construction supervising firm for the responsible supervision over the following construction works conducted by a person as prescribed in Subparagraphs 2 through 7 of Article 3-2 shall conform to conditions as determined in the following subparagraphs. In this case, Paragraphs 1 through 4 and Article 38 shall apply.

1. Construction work entrusted by the state, local government, public enterprise or quasi-government agency: The person that has entrusted the construction work;

2. Construction work for structures to be managed by the state, local government, public enterprise or quasi-government agency pursuant to relevant laws and subordinate statutes: The person to take charge of the management of the structures;

3. Construction work that has obtained the license for reclaiming public waters under the Public Waters Reclamation Act: The person that has obtained the license for reclaiming public waters;

4. Project for infrastructure facilities as defined in subparagraph 1 of Article 2 of the Act on Private Participation in Infrastructure: The authorities in charge;

5. New harbor construction project under Article 7 of the New Harbor Construction Promotion Act: The person who has designated the project implementer. (6) The person who has selected a specialized construction supervising firm pursuant to Paragraph 5 shall notify the implementer of the respective project.

(7) The contracting authority shall include the time needed for advance preparations, such as review of design drawings and specifications before the start of the construction work, and the time needed for management after completion, such as affairs following the completion of construction work, in its determination of the period for performing the supervising service by a specialized construction supervising firm.

Article 51-2 (Qualification for Supervisor)

(1) The qualification for supervisor under Articles 27 (4) and 27-2 (2) shall be as defined in Table 3. (2) Deleted.

(3) The Minister of Land, Transportation and Maritime Affairs may have the Korea Construction Consulting Engineers Association formulate a plan for demand and supply of supervisors.

(4) Deleted.

(5) Deleted.

(6) Deleted.

(7) Deleted.

(8) Deleted.

[This Article Newly Inserted on Dec. 31, 1993]

Article 52 (Service Scope and Criteria for Appointment of Supervisor) (1) The service scope of the supervisor that performs the responsible supervision under Article 27 (4) of the Act shall be as follows:

1. Examination of the execution plan;

2. Examination of the progress schedule;

3. Examination and confirmation of detail execution drawings made by the building contractor or the registered housing constructor;

4. Checking whether work is carried out as instructed on design drawings and specifications;

5. Examination and confirmation of propriety of standards for structures;

6. Examination and confirmation of propriety of materials used;

7. Confirmation of the quality supervision program formulated by the building contractor or the registered housing constructor, guidance on the quality supervision program, examination and confirmation of the result of quality tests and inspections;

8. Confirmation of disaster preventive measures, safety control and environment management;

9. Examination and confirmation of matters regarding modification of design;

10. Investigation and inspection on work progress;

11. Examination of drawings on the completion and inspection on the completion;

12. Examination on the propriety of subcontract;

13. Advance examination on the relevance of design to the condition of work site, possibility for execution etc; and

14. Other matters required for enhancement of the quality of the construction work as determined by the ordinance of the Ministry of Land, Transportation and Maritime Affairs.

(2) The service scope of the supervisor that performs the execution supervision under Article 27-2 (2) of the Act shall be as follows:

1. Examination of the execution plan;

2. Examination of the progress schedule;

3. Examination of detail execution drawings made by the building contractor or the registered housing constructor;

4. Checking whether work is carried out as instructed on design drawings and specifications;

5. Examination of the propriety of standards for structures;

6. Examination of propriety of materials used;

7. Confirmation and guidance on the quality supervision program or the quality test plan made by the building contractor or the registered housing constructor;

8. Examination and confirmation on quality test or inspection conducted by the building contractor or the registered housing constructor;

9. Guidance on disaster preventive measures, safety control and environment management;

10. Examination on matters regarding modification of design;

11. Investigation and inspection on work progress;

12. Examination of drawings on the completion and confirmation of the completion;

13. Examination on the propriety of subcontract;

14. Advance examination on the relevance of design to the condition of work site, possibility for execution, etc; and

15. Other matters required for enhancement of the quality of the construction work as determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

(3) The service scope of the supervisor that performs the confirmatory supervision under Article 27-2 (2) of the Act shall be as follows:

1. Checking whether work is carried out as instructed on design drawings and work specifications;

2. Examination of propriety of standards for structures;

3. Examination of propriety of materials;

4. Examination and confirmation on quality tests and their results;

5. Investigation and inspection on work progress;

6. Examination of drawings on the completion and confirmation of the completion; and

7. Other matters required for improvement of quality of the construction work. (4) The specialized construction supervising firm shall appoint a person who is deemed suitable to the scale and industrial technology of the respective construction work as a supervisor, and shall appoint the responsible supervisor considering the scale of the construction work concerned in conformity with the criteria as determined by the ordinance of the Ministry of Land, Transportation and Maritime Affairs.

1. Deleted;

2. Deleted;

3. Deleted. (5) Matters with respect to experience required for the respective fields of construction works in connection with the appointment of the responsible supervisor under Paragraph (4) shall be determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs. (6) The contracting authority shall make arrangements so that in its appointment of supervisors, the specialized construction supervising firm may ensure propriety in terms of grades in conformity with the criteria for appointment as determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs. (7) The contracting authority may, in the case that the construction work concerned falls under Article 50 (3), allow the specialized construction supervising firm to adjust and appoint supervisors below the criteria for appointment under Paragraph (4) considering particularity of respective construction work sites.

(8) The contracting authority may, for construction work for which contract was awarded at a price below 70 percent of the estimated construction cost and which is potentially of fraudulent work, have the specialized construction supervising firm appoint supervisors in excess of the criteria for appointment under Paragraph (4).

(9) The contracting authority may, in the case that it deems that supervisors that have been already appointed or are to be appointed are inappropriate for the performance of supervising service for the construction work concerned, request the specialized construction supervising firm to replace such supervisor with others with clear statement of reasons for the request, and the specialized construction supervising firm shall, when it intends to replace supervisors of its own accord, obtain approval of the contracting authority in advance.

(10) The specialized construction supervising firm shall, when any supervisor appointed to the service of supervision leaves the construction site for education under any statutes or training under the Framework Act on Civil Defense or the Establishment of Homeland Reserve Army, take necessary measures not to cause any impediments to the service of supervision, and the contracting authority shall pay the supervising fees for the period while the supervisor takes the said education or training.

(11) Matters necessary in respect to method of appointment and residence at the construction site of supervisor shall be determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

[Wholly Amended on Aug. 4, 1995]

Article 52-2 Deleted

Article 52-3 (Supporting Service of the Contracting Authority) (1) The contracting authority shall make arrangements for its officials to perform services, such as communication between relevant parties, identifying problems, assistance in compensation for land, processing of civil petitions and other necessary services, which are required for the execution of construction work subject to the responsible supervision. The Minister of Land, Transportation and Maritime Affairs may separately determine matters necessary for the performing of services by officials of the contracting authority. (2) Any official of the contracting authority shall not interfere or meddle in services of the supervisor without justifiable reason or shall not infringe upon the authority of the supervisor beyond matters under Paragraph (1), supervising service as the person who awarded the contract for supervising service, matters provided in the agreement with the supervising service provider and matters as determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Aug. 4, 1995]

Article 53 (Types and Service Scope of the Specialized Construction Supervising Firm)

(1) Specialized construction supervising firms under Article 28 (1) shall be divided into a specialized general construction supervising firm that specializes in general construction supervising, a specialized engineering supervising firm that specializes in engineering supervising, a specialized building supervising firm that specializes in building supervising, and specializes facilities supervising firm that specializes in facilities supervising. (2) A specialized general construction supervising firm may conduct responsible supervision over general construction work and specialized construction work as specified in Table 1 of the Enforcement Decree of the Framework Act on Construction Industry. (3) A specialized engineering supervising firm may conduct responsible supervision over general construction work for the main industrial technology of which is engineering work and the specialized construction work concerned as specified in Table 1 of the Enforcement Decree of the Framework Act on Construction Industry.

(4) A specialized building supervising firm may conduct responsible supervision over general construction work for the main industrial technology of which is building work and the specialized construction work concerned as specified in Table 1 of the Enforcement Decree of the Framework Act on Construction Industry.

(5) A specialized facilities supervising firm may conduct responsible supervision over a specialized construction work as defined in Table 1 of the Enforcement Decree of the Framework Act on Construction Industry for which order was independently placed as facilities work, or may conduct responsible supervision over the facilities section of a construction work in association with a specialized general construction supervising firm and a specialized engineering supervising firm, or a specialized building supervising firm.

[Wholly Amended on Dec. 31, 1993]

Article 54 (Criteria for Registration of Specialized Construction Supervising Firm)

(1) The criteria for registration of each type of specialized construction supervising firms under Article 53 shall be as specified in Table 5. (2) Deleted.

(3) Deleted.

[Wholly Amended on Dec. 31, 1993]

Article 54-2 (Order by Supervisor to Suspend Construction Work, etc.) (1) Upon receipt of such a report on the issuance of an order to re-execute or suspend the construction work or others from the supervisor pursuant to Article 28-4 (4) of the Act, the contracting authority shall examine the matter and take measures as may be required in respect thereof, including verification of correction and orders to resume the construction work.

(2) The contracting authority shall not replace a supervisor with another, refuse his/her residence at the construction site, refuse or delay payment of the cost for supervision or take any other actions to the disadvantage of the supervisor for reason of an order to suspend the construction work, etc. [This Article Newly Inserted on Dec. 31, 1993]

Article 54-3 (Service Scope of the General Supervisor) (1) The service scope of the general supervisor under Article 28-7 (3) of the Act shall be as prescribed in the following subparagraphs:

1. Adjustment and confirmation of the execution plan, the progress schedule, the plan for quality, safety and environment management submitted by the supervisor over the construction work and facilities work under Article 28-7 (1) of the Act (hereafter referred to as the "supervisor" in this Article);

2. Investigation of the work progress, and adjustment and confirmation of the result of inspection; and

3. Other matters as may be necessary for efficient performance of supervision over the construction work and facilities work.

(2) The general manager may, if it is necessary for performance of the services under Paragraph (1), order the supervisor in charge of the construction work and facilities work to submit data regarding the construction work and facilities work. [This Article Newly Inserted on Jun. 30, 2005]

Article 54-4 Deleted

Article 54-5 Deleted

Article 54-6 Deleted

Article 54-7 (Notification of Revocation of Registration, Guidance and Supervision of Specialized Construction Supervising Firm) (1) "Within the period specified in the Presidential Decree" in the latter part of Article 31 (1) of the Act means 10 days or shorter after the specialized construction supervising firm received a disposition of revocation of registration or suspension of service under Articles 30 (1) and 30 (2) of the Act. (2) "Other institutions or organizations as determined by the Presidential Decree" in Article 32 (2) of the Act refers to the Korea Construction Consultation Engineers Association under Article 36-2 of the Act. [Wholly Amended on Dec. 31, 2007]

Article 54-8 (Criteria for Administrative Disposition against Supervisor) The criteria for disposition of the suspension of performing service against offenses of a supervisor pursuant to Article 3 3(1) shall be as prescribed in Table 6. [Wholly Amended on Mar. 31, 2009]

Article 54-9 (Announcement of Disposition of Service Suspension and Notification of Service Suspension to Supervisor) (1) The Minister of Land, Transportation and Maritime Affairs shall, in the case that he/she has taken the disposition of service suspension against a supervisor pursuant to Article 33 of the Act, notify the respective supervisor and the specialized construction supervising firm to which the supervisor belongs to.

(2) "Within the period specified in the Presidential Decree" in the latter part of Article 33 (4) of the Act means within 10 days or shorter after the specialized construction supervising firm was notified pursuant to Paragraph (1). [Wholly Amended on Dec. 31, 2007]

Article 54-10 (Indemnity of Specialized Construction Supervising Firm for Damages )

(1) The period, type and method of the insurance or mutual-aid contract under Article 33 (5) of the Act shall be as specified in the following subparagraphs:

1. Period: The period from the start to completion of the construction work;

2. Objects: The responsible supervision, etc. of the construction work; and

3. Amount: The contract price for the responsible supervision, etc. of the construction work.

(2) A specialized construction supervising firm shall submit the insurance policy or the mutual-aid deed to the contracting authority at the time of signing the contract for the supervising service concerned.

(3) Particulars necessary with respect to calculation of amount and procedures for insurance or mutual-aid contract shall be determined and announced by the Minister of Land, Transportation and Maritime Affairs. (4) The contracting authority shall have the other party of the contract for the responsible supervision, etc. deposit money as a defect warranty under conditions as prescribed in the following:

1. Period: The period within the defect warranty liability period under Article 30 of the Enforcement Decree of the Framework Act on Construction Industry and Table 4; and

2. Amount of warranty deposit, time and method of payment: Article 18 of the Act on Contracts to Which the State is a Party shall apply mutatis mutandis to the amount, payment time and method

[Wholly Amended on Jul. 30, 2001]

Article 54-11 (Management of Specialized Construction Supervising Firm, etc.)

(1) The Mayor/Do governor shall, when any of the following occurs, notify the Minister of Land, Transportation and Maritime Affairs of details thereof within seven days:

1. Registration, alteration or cancellation of registration of a specialized construction supervising firm under Article 28 of the Act,

2. Revocation of registration or suspension of service of a specialized construction supervising firm under Article 30 of the Act;

3. Suspension of service of a supervisor under Article 33 (1) of the Act, and

4. Imposition of a negligence fine under Article 43 of the Act. (2) The Minister of Land, Transportation and Maritime Affairs shall maintain and manage details that he/she has received pursuant to Paragraph (1). [This Article Newly Inserted on Jun. 30, 2005]

Article 55 (Standards for Design and for Execution of Work) (1) "Other person as designated by the Presidential Decree" in Article 34 (1) of the Act shall mean the person of the following subparagraphs:

1. The Minister of Food, Agriculture, Forestry and Fisheries and the Minister of Environment;

2. Local government;

3. Public enterprise and quasi-government agency;

4. Institution or organizations related to construction technology; and

5. Corporation with a purpose of research on construction technology. (2) The Minister of Land, Transportation and Maritime Affairs shall, when he/she intends to approve standards necessary for management of construction works under Article 34 of the Act, pass the deliberation of the Central Committee in advance. The same shall apply to modifications and abrogation of the standards.

(3) The Minister of Land, Transportation and Maritime Affairs and a person falling under any one of Subparagraph 1 of Paragraph (1) shall, when they have established, modified or abrogated standards for construction work, announce major contents thereof on the official gazette or notify the relevant central administrative organ, local government and other institutions thereof.

(4) The Minister of Land, Transportation and Maritime Affairs may, when he/she has been requested by a person falling under any one of Subparagraph 1 of Paragraph (1), allow publish literature regarding the standards for construction work and distribute them at a certain price. (5) "Such other matters as may be necessary for the management of construction work" in Subparagraph 3 of Article 34 (1) of the Act means professional specifications for construction work. (6) The Minister of Land, Transportation and Maritime Affairs may support the person that sets standards for design and execution under Article 34 (1) of the Act with necessary expenses. In this case, the object, method, procedure, etc. for support shall be determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs. [Wholly Amended on Aug. 4, 1995]

Article 56 Deleted

Article 57 (Evaluations of Services and Execution of Work, etc.)

(1) "Construction technology providing services or a construction work of a scale equivalent to or larger than those prescribed by the Presidential Decree" in Article 36 (1) of the Act means construction technology providing services and construction work falling under any one of the following subparagraphs:

1. Basic or execution design of which contract price exceeds 150 million won;

2. Wholly responsible supervision falling under Subparagraph 1 of Article 50(1); or

3. Construction work of which the total cost exceeds five billion won, excluding simply repetitive construction works as prescribed by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs. (2) Deleted.

(3) The contracting authority shall conduct evaluations of construction technology providing services or construction work under Paragraph (1) in accordance with any one of the following subparagraphs:

1. Design service: Basic design shall be evaluated by the end of February of the year following the completion of execution design, and execution design to the end of February of the year following the completion of the construction work concerned;

2. Wholly responsible supervising service: Evaluations of supervisor and the specialized construction supervising firm shall be respectively conducted to the end of February of the year following the completion of the supervising service concerned; and

3. Construction work: Shall be conducted by the end of February of the year following the completion of the construction work concerned. (4) Matters necessary in respect to criteria for, method, etc. of evaluations of construction technology providing services or a construction work shall be determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

[Wholly Amended on Aug. 4, 1995]

Article 58 (Evaluations of Service Performance Capabilities and Construction Execution Capabilities) (1) Evaluations of the service performance capabilities of a construction technology providing service provider and the construction execution capabilities of a building contractor pursuant to Article 36 (2) shall be conducted for the construction technology providing service provider or the building contractor that has the record of the completion of construction technology providing services or construction work falling under any one of subparagraphs of Article 57 (1) by taking the following matters into consideration:

1. Defects and accidents of the construction work ordered by the contracting authority concerned;

2. Violation of the Fair Transaction in Subcontracting Act;

3. Penalty points imposed pursuant to Article 21-4 (1) of the Act; and

4. Investment in technological development. (2) The contracting authority may, if it deems it necessary for evaluation of the service performance capabilities of the construction technology providing service provider or the construction execution capabilities of the building contractor under Paragraph (1), have its officials check or inspect the service results, results at the construction work site, etc. (3) Matters necessary in respect to criteria for and method of evaluations of the service performance capabilities and the construction execution capabilities under Paragraphs (1) and (2) shall be determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

(4) The contracting authority shall submit the result of evaluations of the service performance capabilities and the construction execution capabilities under Paragraph (1) between the beginning of the year and the end of March of the year following the completion of the construction work concerned. Article 58-2 Deleted

Article 59 (Designation of Superior Construction Technology Service Provider, Superior Contractor or Superior Supervisor)

(1) The contracting authority shall, when it intends to designate the superior construction technology service provider, the superior contractor or the superior supervisor (hereinafter referred to as the "superior contractor, etc.") pursuant to Article 36 (2) of the Act, designate him/her among persons that meet the following requirements to the end of April of the year following the completion of the construction work concerned (in the case of the basic design service, meaning the execution design for the service concerned):

1. A person who has not been imposed with a disposition of business suspension or a surcharge under Articles 82 (1) and 82 (2) of the Framework Act on Construction Industry in the last three years (only for the designation of the superior contractor; any person who is under a stay of execution of a disposition under the Administrative Litigation Act or the Administrative Appeals Act shall not be designated as a superior contractor.);

2. A person who has not been restricted in qualifications for participation in tenders pursuant to Article 27 of the Act on Contracts to Which the State is a Party in the last three years,

3. A person who has not been fined pursuant to Article 30 of the Fair Transaction in Subcontracting Act in the last three years,

4. A person who has not received a disposition of service suspension pursuant to Article 30 of the Act in the last three years (only for the designation of a superior specialized construction supervising firm), and

5. A person who has not received a disposition of service suspension pursuant to Article 33 of the Act in the last three years (only for the designation of a superior supervisor).

(2) The term of validity for the designation of the superior contractor, etc. shall be one year beginning from May 1 of the year of the designation.

(3) The contracting authority shall, when it has designated the superior contractor, etc. pursuant to Paragraph (1), notify the matter to the public and the Minister of Land, Transportation and Maritime Affairs. (4) Matters necessary with respect to the designation of the superior contractor, etc. shall be determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

Article 59-2 (Revocation of the Designation of the Superior Contractor, etc.)

(1) Hearing or any other procedures for the revocation of the designation of the superior contractor, etc. under Article 36 (7) of the Act shall conform to the Administrative Procedures Act.

(2) The contracting authority shall, when it has revoked the designation of the superior contractor, etc. pursuant to Article 36 (7) of the Act, notify the matter to the public and the Minister of Land, Transportation and Maritime Affairs under conditions as determined by the Ordinance of the Ministry of Land, Transportation and Maritime Affairs.

[This Article Newly Inserted on Jun. 30, 2005]

Article 59-3 (Matters to be Entered in the Articles of the Korea Construction Consulting Engineers Association)

Matters to be entered in the articles of the Korea Construction Consulting Engineers Association pursuant to Article 36-3(2) shall be as follows:

1. Purpose;

2. Name;

3. Location of the office;

4. Matters on the entry and secession of members;

5. Matters on the rights and obligations of members;

6. Matters on membership;

7. Matters on the general meeting;

8. Matters on assets and accounting;

9. Matters on the amendment of the articles of the Association; 10, Matters on the dissolution and disposition of remaining assets;

11. Matters on the services and execution thereof;

12. Matters on the education of members and supervising technology;

13. Matters on the management, etc. of supervisors; and

14. Other necessary matters. [This Article Newly Inserted on Dec. 31, 1993]

Article 59-4 (Rules for Mutual Aid, etc.)

(1) The rules for mutual aid under Article 36-4 (2) of the Act shall include the following matters:

1. Purpose and details of the mutual-aid project;

2. Composition of the organization that has the power to operate and manage the mutual-aid project;

3. Scope of investment, loan and guarantee, and details thereof;

4. Mutual-aid regulations;

5. Mutual-aid money and mutual-aid dues;

6. Matters on liability reserve, reserve for extraordinary risk and payment reserves;

7. Matters on accounting;

8. Matters on the amount for a unit of investment and payment method thereof, and calculation of holdings;

9. Matters on disposition of remaining assets;

10. Matters on the method of public announcement; and

11. Other matters necessary for operation of the mutual-aid project. (2) The Korea Construction Consulting Engineers Association shall appropriate and accumulate liability reserves, reserves for extraordinary risk and payment reserves for the project at the end of the business year in accordance with the rules for mutual aid. (3) The Korea Construction Consulting Engineers Association shall keep the accounts for mutual-aid project in separation with other accounts. [This Article Newly Inserted on Jul. 30, 2008]

Article 59-5 (Matters to be Entered in the Articles of the Construction Engineers Association)

Matters that are required to be entered in the articles of association of the Construction Engineers Association under Article 36-10 (2) of the Act shall be as follows:

1. Purpose;

2. Name;

3. Location of the office;

4. Matters on services and execution thereof;

5. Matters on the qualification, entry, secession, rights, obligations, etc. of members;

6. Matters on the general meeting;

7. Matters on the board of directors, branch, regional office and committees;

8. Matters on executives;

9. Matters on finances and accounting;

10. Matters on education of members;

11. Matters on dissolution and liquidation;, and

12. Other necessary matters. [This Article Newly Inserted on Aug. 4, 1995]

Article 60 (Delegation of Authority)

(1) The Minister of Land, Transportation and Maritime Affairs shall delegate the authority to give an order to suspend service under Article 33 (1) of the Act, and impose and collect a fine for negligence (limited to negligence fines imposed to the general and specialized construction businesses under Articles 8 (2) and 8 (3) of the Framework Act on Construction Industry and construction engineer belonging to and working for them, and supervisors belonging to and working at the specialized construction supervising firm under Article 28 of the Act) under Article 43 of the Act on supervisor to the Mayor/Do governor pursuant to Article 39 (1) of the Act.

(2) The Minister of Land, Transportation and Maritime Affairs shall delegate the authority to the following matters to the administrator of the Regional Construction Management Administration pursuant to Article 39 (1) of the Act:

1. Service suspension of construction engineer under Article 6-4 (1) of the Act;

2. Deleted;

3. Service suspension of construction engineer under Article 21-4(1) of the Act; 3-2. Estimation of the degree of the fraudulence and imposition of penalty points by the Minister of Land, Transportation and Maritime Affairs under Article 21- 4(1) of the Act;

4. Conducting site inspection, issuance of corrective orders and call for suspension of service, etc. as a result of the inspection under Article 21-5 (1) of the Act; 4-2. Registration and registration of modification of a specialized institution for quality inspection under Article 25 (2) of the Act; 4-3. Inspection and corrective orders, etc. on a specialized institution for quality inspection under Article 25 (3) of the Act; 4-4. Revocation of registration and an order to suspended service of a specialized institution for quality inspection under Article 26 (1) of the Act;

5. Deleted;

6. Deleted;

7. Deleted;

8. Deleted; 8-2. Hearing upon the delegated authority under Article 37-2 of the Act;

9. Imposition and collection of a fine for negligence under subparagraphs 1 and 2 of Article 43 (1) of the Act and under subparagraphs 1 through 3-2 of the same Article of the same Act: Provided, that the imposition and collection of a fine for negligence on the general and specialized construction businesses under Articles 8 (2) and 8 (3) of the Framework Act on Construction Industry and construction engineer belonging to and working under them and supervisors belonging to and working at the specialized construction supervising firm under Article 28 of the Act are excluded; and

10. Reception of the present status of equipment and technical personnel used for quality test and inspection under Article 48 (2). (3) Deleted.

(4) The Mayor/Do governor or the administrator of the Regional Construction Management Administration shall, when he/she has conducted a matter delegated under Paragraphs (1) and (2), notify details of the conduct to the institution as designated and announced by the Minister of Land, Transportation and Maritime Affairs pursuant to Article 61 (3) and submit the present status of the conduct as of December 31 until the end of January of the next year to the Minister of Land, Transportation and Maritime Affairs.

[Wholly Amended on Aug. 4, 1995]

Article 60-2 (Entrustment of Authority)

The Minister of Land, Transportation and Maritime Affairs shall entrust the authority concerning matters under the jurisdiction of the Ministry of Food, Agriculture, Forestry and Fisheries to the Minister of Food, Agriculture, Forestry and Fisheries, and the authority concerning matters under the jurisdiction of the Ministry of Environment to the Minister of Environment among the authority pertaining to approval of standards for design and execution of work under Article 34 (2) of the Act pursuant to Article 39 (1) of the Act.

[This Article Newly Inserted on Jul. 21, 1997]

Article 61 (Entrustment of Functions)

(1) The Minister of Land, Transportation and Maritime Affairs shall entrust the following authorities to institutions designated and announced by the Minister of Land, Transportation and Maritime Affairs under Paragraph (3) pursuant to Article 39 (2) of the Act.

1. Reception of report on construction engineers under Article 6-2 (1) of the Act;

2. Issuance of the career certificate of construction engineer and maintenance and management of records of career under Article 6-2 (2) of the Act; 2-2. Management of the present status of service suspension of the following items under Article 6-2 (2) of the Act:

(a) The present status of service suspension of construction engineers under Article 6-4 of the Act; and

(b) The present status of service suspension of construction engineers who have conducted such services as design, etc. under Article 20-4 of the Act;

3. Request for submission of data under Article 6-2 (3) of the Act (only in the case that they are necessary for the processing of the entrusted affairs);

4. Confirmation of the career experience under Article 6-2 (4) of the Act;

5. Services concerned with construction, distribution and operation of the construction technology information system under Article 15 of the Act;

6. Services concerned with construction and operation of the integrated information system under Article 15-2 of the Act;

7. Services concerned with management of the construction technology that has been introduced from abroad under Article 19 (1) of the Act;

8. Overall control over penalty points under Article 21-4 (3) of the Act;

9. Reception, and professional and technical examination of the certification of plant under Article 24-3 (1) of the Act and Article 47-5 (8) of the Enforcement Decree of the Act, and professional and technical examination for the post-certification check under Article 47-5 (7);

10. Reception, maintenance and management of the comprehensive report under Articles 26-2 (6) and 26-2 (7) of the Act and inspection of the comprehensive report and issuance of duplication thereof under Article 46-5 (4);

11. Issuance and management of the identification card of supervisor under Article 28-2 of the Act;

12. Reception of the supervising service contract and deployment of supervisors under Articles 7-2 (1) through 7-2 (3), maintenance and management of details thereof and issuance of written confirmation of supervising service performance, career experience of supervisor, number of supervisors, evaluation results of responsible supervision service ability, or designation of the superior provider of construction technology providing services or superior supervisor under Articles 7-2 (1) through 7-2 (3);

13. Reception of the application for designation of new technology under Article 32 (1);

14. Hearing of opinions of interested parties under Article 32-2 (2); 14-2. Maintenance and management of the new technology under Article 33 (2);

15. Reception and management of application records of the new technology under Article 34 (6);

15-2. Reception of the application for extension of protection period of new technologies under Article 34-3 (3);

15-3. Reception, maintenance and management of the present status of the provider of design service, etc. notified by the Minister of Education, Science and Technology, the Minister of Knowledge and Economy and the contracting authority under Article 35-2, and issuance of written confirmation thereof;

16. Reception of details of the contract for the construction management service notified under Article 39-3, and maintenance and management of the notified details;

17. Reception of details of registration, alteration, cancellation or revocation of registration, and service suspension (including the service suspension of a supervisor), and a fine for negligence imposed on a specialized construction supervising firm under Article 54-11, and management of details thereof; and

18. Reception and maintenance of evaluation results of responsible supervision service abilities and result of designation of the superior provider of construction technology providing services (only for the responsible supervision) or superior supervisor under Articles 58 (4) and 59 (3).

(2) The Mayor/Do governor shall entrust the authority with respect to modification of registration of the specialized construction supervising firm under Article 28 (2) of the Act to the Korea Construction Consultation Engineers Association established under Article 36-2 of the Act pursuant to Article 39 (2) of the Act.

(3) The institutions that can be entrusted with services under Paragraph (1) shall be designated and announced among institutions that fall under any one of the following subparagraphs and have personnel and equipment capable of performing the entrusted services:

1. Institution that has been established under Article 36-2 or 36-8 of the Act;

2. Institution that has been established under the Framework Act on Construction Industry, the Certified Architects Act, the Professional Engineers Act, the Engineering Technology Promotion Act, the Housing Act or the Land Survey Act;

3. Government-invested research institutions that has been established under the Act on the Establishment, Operation and Fosterage of Government-invested Research Institutions or the Act on the Establishment, Operation and Fosterage of Government-invested Science and Technology Research Institutions;

4. Non-profit organizations that has been established by permission of the Minister of Land, Transportation and Maritime Affairs pursuant to Article 32 of the Civil Act;

5. Technology evaluation institution that has been established under Article 16- 3 of the Act; or

6. Korea Infrastructure Safety and Technology Corporation. (4) The Minister of Land, Transportation and Maritime Affairs shall, in the case that he/she designate institutions for entrustment under Paragraphs (1) and (3), shall notify the name, address, representative, details and processing method and other necessary matters of the services to be entrusted to the public.

(5) The institution that has been entrusted with services under Paragraph (1) shall notify the Minister of Land, Transportation and Maritime Affairs of the result of its processing of the entrusted services by the end of each annual quarter to the end of the following month.

[This Article Newly Inserted on Oct. 30, 1999]

Article 62 (Major Facilities, etc.)

"Other facilities as prescribed by Presidential Decree" in Articles 41 (1) and 41 (2) of the Act means elevated roads, underground passages, runways, cableways, dams, outer facilities of harbors, harbor-side traffic facilities, mooring facilities, airport buildings, railroad station buildings, passenger bus terminals, general passenger transport facilities, general hospitals, retail facilities, tourists lodging facilities, and performing and assembly facilities with a total floor area exceeding 1,000 square meters and other buildings exceeding 16 stories.

[This Article Newly Inserted on Aug. 4, 1995]

Article 63 (Procedures for Imposition and Collection of Negligence Fine) (1) Deleted.

(2) The Minister of Land, Transportation and Maritime Affairs or the Mayor/Do governor shall, when he/she intends to impose a fine for negligence under Articles 43 (1) and 43 (2), allow the person, for whom the negligence fine is intended to be imposed, an opportunity to state his/her opinion in writing or verbally for a period limited to 14 days. In this case, if no opinion has been stated in the specified period, it shall be considered that he/she has no opinion.

(3) Classification of offenses for which a fine for negligence shall be imposed and amount thereof shall be in accordance with Table 7.

(4) The Minister of Land, Transportation and Maritime Affairs or the Mayor/Do governor may raise or reduce a fine within a limit not exceeding 50 percent of the amount of the fine under Paragraph (3).

[This Article Newly Inserted on Aug. 4, 1995]

Addenda (Enforcement Decree of the Korea Rural Community Corporation and Farmland Management Funds Act) Article 1 (Date of Enforcement)

This Decree shall enter into force on June 30, 2009: Provided, that . . . . . . Article 3 of the Addenda shall enter into force on the day of its promulgation.

Article 2 Deleted

Article 3 (Amendment of Other Act)

(1) Omitted

(2) Part of enforcement decree of the Construction Technology Management Act shall be amended as follows:

Subparagraph 2 of Article 47-2 (1) shall be as follows:

2. Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Funds Act

(3) through <48> Omitted

Article 4 Omitted