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ENFORCEMENT DECREE OF THE INFORMATION AND COMMUNICATIONS CONSTRUCTION BUSINESS ACT

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ENFORCEMENT DECREE Of The INFORMATION AND COMMUNICATIONS CONSTRUCTION BUSINESS ACT

[Partially amended by Presidential Decree No. 21235, Dec. 31, 2008]

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Decree is to provide for matters delegated under the "Information and Communications Construction Business Act" and matters necessary for its enforcement. Article 2 (Scope of Construction Work)

(1) The installation and maintenance of information and communications facilities and its appurtenant works subject to Subparagraph 2, Article 2 of the "Information and Communications Construction Business Act" (hereinafter referred to as the "Act") shall include any of the following subparagraphs:

1. Construction work of communication facilities subject to the Acts related to telecommunications and radio waves;

2. Construction work of broadcasting subject to the Acts related to broadcasting including the Broadcasting Act, etc.;

3. Construction work of information facilities to control, store and process information by using information and communications facilities subject to the Acts related to Information and communications;

4. Construction works of electric facilities and other facilities only for information and communications except electric power facilities;

5. Appurtenant work of a construction work subject to subparagraphs 1 through 4; and

6. Maintenance and repair of a construction work subject to subparagraphs 1 through 5 (2) The category of construction works subject to Paragraph (1) shall be subject to Annex 1. Article 3 (Scope of the Service Provider)

The field related to information and communications specified by the presidential decree" in Subparagraph 7, Article 2 of the Act means information and communications, information management, industrial measurement and control, computer, application of a computer system, electronic application and railway signalling. Article 4 (Exception in the Restriction of Construction Work) (1) The scope of the minor construction work that a person except a construction business operator may construct subject to Subparagraph 2, Article 3 of the Act shall fall under any of the following subparagraphs:

1. Construction work for the installation of the radio facilities of a radio agency, amateur radio station and experimental station;

2. Construction work of private wire broadcasting, private broadcasting and closed-circuit - 2 -

television facilities in a building below the architectural area of 1,000 square meters;

3. Construction work of private communication line facilities below 5 lines which is installed in a building;

4. Expansion work of a local area network (LAN) less than 5 lines without the expansion of a router or hub; and

5. Construction work that only middle and small-sized software business operators can participate subject to Article 24-2 (2) of the "Software Industry Promotion Act" as each construction work of the following items, provided that the construction work of a local area network (LAN) more than 6 lines:

i. Construction work of the installation and maintenance of a computer systems such as a server, backup equipment and peripherals (hereinafter referred to as "computer system.);

ii. Replacement or improvement work of a computer system; iii. Installation work of a peripheral to improve the performance of a main computer system;

iv. Construction work of an information system which is not connected to the private telecommunication line, broadcasting and security facilities as a construction work installed in a building below the architectural area of 1,000 square meters; and v. Construction work of an information system in which the percent of software-related expenses (including software development and maintenance and database establishment costs) is more than 80 percent of the total project expenses except the hardware purchase cost.;

6. Construction work to be prescribed by discussion between the directors of the Korea Communications Commission and competent central administration agency as a construction work for the emergency operations of the military and police;

7. Construction work which is prescribed and noticed by the Korea Communications Commission as each construction work of the following items: i. Installation or expansion works of the terminal or telephone for vehicle of information and communications facilities;

ii. Transfer, modification, expansion or replacement of radio communication facilities; and iii. Maintenance and repair works of private information and communications facilities.; and

8. Construction work which is prescribed and noticed by the Korea Communications Commission as the construction work of a technology level similar to any construction work of Subparagraphs 1 through 4 and Items i and ii of Subparagraph 7. (2) The "case that is given a contract or constructs as prescribed by the Presidential Decree in Subparagraph 3, Article 3 of this Act means that a person is given a contract or constructs solely or jointly with another construction business operator falling under any of the following subparagraphs:

1. For the installation work of a cable tunnel, a person who has registered as public works or civil technician and construction business subject to Article 9 of the "Framework Act on the Construction Industry"; and

2. For the installation work of an underground conduit to be concurrently constructed appurtenant to road construction, a person who is given a contract for the road construction.

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CHAPTER II DESIGN and SUPERVISION

of CONSTRUCTION WORK

Article 5 (Technical Standards for Design)

The "technical standards prescribed by the Presidential Decree" in Article 6 (1) of the Act shall mean any technical standards of the following subparagraphs:

1. Installation and technical standards pursuant to Article 16, Article 25 (1), Article 30-2 (2), Article 30-3 (2) and Article 33 (3) of the "Framework Act on Telecommunications";

2. Technical standards pursuant to Article 45 of the "Radio Waves Act";

3. Technical standards pursuant to Article 79 (1) of the "Broadcasting Act"; and

4. Technical standards pursuant to Article 87 (4) of the "Reinforcement Decree of the Construction Act" and Article 42 of the "Regulations on Housing Construction Standards, etc."

Article 6 (Scope of Construction Work subject to Technical Standards for Design) (1) A project owner shall give an order to a service provider subject to Article 7 of the Act for any construction work other than the work falling under the following subparagraphs:

1. Minor construction work pursuant to Article 4;

2. Emergency restoration work and its appurtenant work due to a natural disaster or emergency accident;

3. Construction work of a cable tunnel pursuant to Annex 1; and

4. Construction work unnecessary for a new production of a design drawing as a construction work to replace or improve existing facilities. (2) Despite of Paragraph (1), a project owner may not give an order to a service provider for any construction work falling under any of the subparagraphs below, in which an employee of the project owner as an information and communications technician pursuant to Annex 6 designs pursuant to a related act, provided that the employee shall have the technical grade appropriate to the size of construction work to design pursuant to Article 11 (1). In this case, the "special grade supervisor" shall be deemed as a "special grade technician", the "supervisor above a high grade supervisor" as an "technician above a high grade technician", the "supervisor above an intermediate grade supervisor" as an "technician above an intermediate grade technician" and the "supervisor above a primary grade supervisor" as an "technician above a primary grade technician" in each subparagraph of Article 11 (1).

1. Construction work that requires confidentiality in relation to national defense and security;

2. Construction work executed by any institution falling under the followings: i. State-run organization or local autonomous entity; ii. Local public corporation pursuant to the "Local Public Corporation Act"; and iii. Any other institution prescribed and notified by the Broadcasting Communication Committee as a public institution related to information and communications.; and

3. Any construction work other than a construction work subject to Subparagraphs 1 and 2, which its total project expenses (hereinafter referred to as the amount which includes - 4 -

the material cost supplied by the project owner plus the contract amount) is less than 100 million Won.

Article 7 (Obligation to Maintain Design Drawings) Subject to Article 7 (3) of the Act, the design drawings of a construction work shall be maintained subject to any of the following standards:

1. The owner of an object to a construction work shall maintain the execution and completion drawings of the work until the removal of the object. But, if the owner has difficulty in maintaining those drawings, a management party shall maintain them. And if those drawings are modified due to the replacement of facilities, etc., the owner shall maintain modified drawings after modification.

2. The service provider who designed a construction work shall maintain the execution drawings that it produced or provided for 5 years after the completion of the work.

3. The service provider who supervised a construction work shall maintain the completion drawings that it supervised until the term of guarantee for defects ends. Article 8 (Scope of Construction Work subject to Supervision) (1) A project owner shall give an order to a service provider subject to Article 8 of the Act for any construction work other than each of Article 6 (1) and any of the following subparagraphs:

1. Any construction work to provide telecommunications service by a telecommunications business operator pursuant to the "Telecommunications Act", which its total project expenses is less than 100 million Won;

2. Any construction work for safety and disaster prevention, and operation and management such as information control, etc. of railway, urban railway, road, broadcasting, harbor, aviation, oil pipeline, gas pipeline and water supply and sewerage facilities, which its total project expenses is less than 100 million Won;

3. Any installation work of information and communications facilities in a building less than 5,000 square meters as a building lower than 6 stories, provided that any construction work shall be excluded for providing telecommunications service by a telecommunications business operator pursuant to the "Telecommunications Act," or for safety and disaster prevention, and operation and management such as information control, etc. of railway, urban railway, road, broadcasting, harbor, aviation, oil pipeline, gas pipeline and water supply and sewerage facilities, which its total project expenses is less than 100 million Won.;

4. Construction work which a newly-constructed part falls under a minor work subject to Article 4 (1) other than existing facilities for replacement or improvement; and

5. Any other installation work of information and communications facilities which does not influence public communication, which is prescribed and notified by the Korea Communications Commission.

(2) Despite of Paragraph (1), a project owner may not give an order to a service provider for any construction work subject to Article 6 (2) 1 and 2, in which an employee of the project owner qualified as a supervisor subject to Annex 2 supervises pursuant to a related act, provided that the employee shall have the technical grade appropriate to the size of construction work to supervise pursuant to Article 11 (1). - 5 -

(3) For a case subject to Paragraph (1) 3, a basement, stall, storehouse and garage shall not be included in the calculation of the story and architectural area of a building, at which information and communications facilities is not installed. Article 9 (Application for Recognition as Supervisor, etc.) (1) A person who intends to be recognized as a supervisor according to Article 8 (3) of the Act shall attach a document falling under any of the following paragraphs to the application for recognition as a supervisor and then submit them to the Korea Communications Commission:

1. Copy of a national certificate of technical qualification (only for a person who possesses a qualification certificate);

2. Diploma (only at the time that the statement of an academic career card is required.);

3. Certificate of a career card; and

4. Copy of the certificate of a foreigner's registration pursuant to Article 33 of the "Immigration Control Act" (only for a foreigner). (2) A person who intends to be recognized for the change of a supervisor grade shall submit the application for the change of a supervisor grade with each document of the following subparagraphs to the Korea Communications Commission:

1. Certificate of a career card; and

2. Supervisor's certificate. (3) A person who intends to be recognized for a career card as a supervisor shall submit the application for the recognition of a supervisor's career with a certificate of a career to the Korea Communications Commission.

(4) The Korea Communications Commission shall issue or reissue a supervisor's certificate to an applicant for the recognition as a supervisor subject to Paragraph (1) or for the change of a supervisor grade subject to Paragraph (2). (5) If a supervisor intends to be reissued with a supervisor's certificate due to loss or being worn out, the supervisor shall submit the application for the reissue of a supervisor's certificate with the previous certificate (only if being worn out) to the Korea Communications Commission.

(6) The Korea Communications Commission shall record any issue of a supervisor's certificate in order of serial number if issuing or reissuing a supervisor's certificate subject to Paragraph (4).

(7) If a supervisor requests the confirmation of a career to present his/her own supervision capability to a project owner and service provider, the Korea Communications Commission may issue the certificate of confirmation for a career as a supervisor. Article 10 (Qualification Standards of Supervisor, etc.) (1) The qualification standards of a supervisor subject to Article 8 (4) of the Act shall be prescribed by dividing into grades and its detailed standard per grade shall be subject to Annex 2.

(2) The Korea Communications Commission shall maintain and control the record about the grade and career of a person who has been recognized as a supervisor subject to Article 8 (4) of the Act.

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Article 11 (Standards for Placement of Supervisor, etc.) (1) A service provider shall place a person who is recognized appropriate to the size and type of a construction work as a supervisor permanently according to Article 8 (7) of the Act and shall place a person who manages supervision to the overall construction work according to each of the following subparagraphs, provided that the provider may not place the person during the period the construction work is discontinued:

1. Construction work more than the total project expenses of 10 billion Won: professional technician;

2. Construction work more than the total project expenses of 7 billion Won and less than 10 billion Won: special grade supervisor;

3. Construction work more than the total project expenses of 3 billion Won and less than 7 billion Won: supervisor above a high grade supervisor;

4. Construction work more than the total project expenses of 500 million Won and less than 3 billion Won: supervisor above an intermediate grade supervisor; and

5. Construction work less than the total project expenses of 500 million Won: supervisor above a primary grade supervisor.

(2) When a service provider places a supervisor subject to Paragraph (1), he/she provider shall notify the placement to the project owner of a construction work. If a service provider replace an existing supervisor with a new one, he/she shall get approval from the project owner.

(3) A service provider shall not make a single supervisor supervise more than 2 construction works, provided that it shall not be applicable if the service provider gets approval from a project owner falling under any of the followings:

1. Construction works of a same type executed in a same city (including a special and metropolitan cities) and county which the total project expenses are less than 200 million Won; and

2. Construction works of a same type executed newly in an existing site under construction.

(4) If a supervisor leaves a site due to a training subject to a related act, disease or paid vacation during the execution of supervision, a service provider shall take necessary action to avoid any trouble in supervision.

Article 12 (Scope of the Operations of Supervisor) The scope of the operations of a supervisor subject to Article 8 (7) shall include any of the following subparagraphs:

1. Planning of a construction work and examination of a progress table;

2. Examination and confirmation of a detailed execution drawing produced by a construction business operator;

3. Prior examination on whether the content of a design and execution drawings is suitable to the site conditions and the possibility of construction;

4. Confirmation whether a construction work is executed appropriately to its design drawing and related regulations;

5. Investigation and inspection on the progress of a construction work;

6. Examination and confirmation on the specification and suitability of material used;

7. Confirmation of a disaster prevention measure and safety control; - 7 -

8. Examination and confirmation on the matter of the modification of design;

9. Examination on the feasibility of subcontracting; and

10. Examination on a completion drawing and the confirmation of completion. Article 13 (Corrective Action to Supervisor)

(1) The instruction of corrective, etc. subject to Article 10 of the Act shall mean any of the following paragraphs:

1. Instruction of correction; and

2. Request of the replacement of a supervisor (it shall be applicable only if the supervisor fails to perform an instruction of correction of Item 1 above). (2) A service provider shall accept a request in case of having no reasonable cause in Paragraph (1) 2.

Article 14 (Report of a Result of Supervision)

At the time of the completion of construction work, a service provider shall report the result of supervision to a project owner within 7 days from the completion of supervision on the work subject to Article 11 of the Act including any of the following subparagraphs:

1. Date of commencement and completion;

2. Name of a construction business operator;

3. Result of evaluation of the construction conditions;

4. Specification and material used and a result of evaluation of the suitability; and

5. Result of evaluation of the adequacy for the placement of information and communications technicians.

Article 15 (Restriction on Supervision of Construction Business Operator) The "relations between a parent company and subsidiary prescribed by the Presidential Decree" in Subparagraph 1, Article 12 of the Act means a case applicable to Subparagraph 2, Article 2 of the "Monopoly Regulation and Fair Trade Act." CHAPTER III PERFORMANCE Of CONSTRUCTION WORK

SECTION 1 Registration of Construction Business, etc. Article 16 (Registration of Construction Business, etc.) (1) A person who intends to register construction business subject to Article 14 (1) of the Act shall apply for it to the mayors of a special or metropolitan city (hereinafter referred to as a "major or governor") that has jurisdiction over the main business office of the applicant by attaching each of the following documents (it shall includes any electronic document) to the application for the registration of information and communications construction business (it shall include any application of an electronic document):

1. Document bearing the personal information of the name, resident registration number and address of an applicant (directors including a representative for a corporation) (it means the copy of the certificate of a foreigner's registration pursuant to Article 33 of the "Immigration Control Act" for a foreigner.);

2. Diagnostic report of an enterprise; - 8 -

3. List of information and communications technicians and copies of their career cards;

4. Letter of confirmation subject to Subparagraph 2, Article 21; and

5. Document which proves of holding an office: copy of a lease for lease (this copy shall be attached only for the case of lease) and the certificate of registration for a temporary building (this copy shall be attached only for a temporary building to be reported subject to Article 20 (2) of the "Construction Act") (2) A public official in charge who receives the application of registration subject to Paragraph (1) shall examine each of the following documents through the joint use of administrative information subject to Article 21 (1) of the "Electronic Government Act," provided that if the applicant doesn't agree to the examination of the public official, he/she shall attach a corresponding document:

1. Certificate of a foreigner's registration pursuant to Article 88-2 (1) of the "Immigration Control Act" (it shall apply only to an applicant as a foreigner.);

2. Certified copy of the register of a corporation

3. Certified copy of the register of a building (it may be replaced with a certified copy of a building register for the building that an applicant possesses or leases.); and

4. Permit of construction for a temporary building to be permitted subject to Article 20 (1) of the "Construction Act".

(3) Any applicant who applies for the registration of a corporation shall apply for in the name of its representative on a register.

(4) The diagnostic report of an enterprise subject to Paragraph (1) 2 shall be produced according to the outline for the diagnosis of information and communications business enterprises which is prescribed and notifies by the Korea Communications Commission. Article 17 (Validity of Attached Documents and Complement of Applications, etc.) (1) Each document of Article 16 (1) shall be in its validity period and shall have been issued within 30 days before the date of application for the registration of construction business.

(2) If an application for the registration of construction business and its attached document falling under any of the following subparagraphs, a major or governor shall make an applicant to complement them by deciding a period:

1. In the event that any document to be attached is attached; and

2. In the event that any description to fill out is not filled out or not clear in an application and attached document.

Article 18 (Issues of Certificate of Registration and Registration Card, etc.) (1) If a major or governor receives an application for the registration of construction business subject to Article 14 (1) of the Act, he/she shall issue the certificate of the registration of information and communications construction business (hereinafter referred to as the "certificate of registration) and registration card of information and communications construction business (hereinafter referred to as the "registration card") to an applicant. At that case, he/she shall withdraw any certificate of registration and registration card which have already been issued.

(2) At the time that a major or governor issues a certificate of registration and registration card subject to Paragraph (1), he/she shall make an applicant to submit the career card of - 9 -

the applicant to write down any necessary matter. (3) A construction business operator shall furnish the certificate of registration inside the main business office and shall show the registration card whenever a party interested requests it.

(4) If a construction business operator loses the certificate of registration or registration card or these documents are worn out or lack a description section to fill out, he/she may apply for reissue. And if the operator applies for reissue due to being worn out or lack of a description section, he/she shall attach the existing certificate of registration or registration card at the time of application for reissue.

Article 19 (Report on Standards for Registration, etc.) (1) The "period prescribed by the Presidential Decree in the range within 3 years" in Article 14 (2) of the Act means every 3 years from the date of registration. (2) A person who intends to report the matter about the standards for registration subject to Article 14 (2) of the Act shall attach each document of Article 16 (1) and copy of a registration card to the report of the standards for the registration of information and communications construction business and then submit them to a major or governor within 30 days from the date that the period subject to Paragraph (1) expired. However, the diagnostic report of an enterprise subject to Article 14 (2) of the Act may be replaced with the document subject to Article 26 (2) 3 which proves a capital subject to Subparagraph 1, Article 21.

(3) Article 16 (2) shall apply in the procedure of report subject to Paragraph (1). At that time, "application for registration" shall be the report of the standards for registration" and the applicant" shall be the "reporter".

(4) Article 17 shall apply in the complement of the attached documents to the report of the standards for the registration of information and communications construction business and the application.

Article 20 (Construction Business Register)

(1) A major or governor shall produce and furnish the construction business register after the registration of construction business subject to Article 14 (1) of the Act. (2) If a major or governor issues the registration of construction business or registration card subject to Article 18, he/she shall record it in the certificate of registration for information and communications construction business and the issue register of registration cards in order of serial number.

(3) If a construction business operator moves the location of the main business office to a district under the jurisdiction of another major or governor, a major or governor shall send the duplicate of the construction business register prepared subject to Paragraph (1) to the major or governor who has jurisdiction over the location of a new business office. Article 21 (Standards for Registration)

The standards for the registration of construction business subject to Article 15 of the Act shall mean any of the following subparagraphs:

1. To have technical capability and capital (it means the evaluation of assets for an individual; hereinafter the same shall apply) pursuant to Annex 3; - 10 -

2. For the amount corresponding to more than 10/100 of the standard amount of a capital subject to Subparagraph 1, to be provided with a security or to submit the certificate of confirmation that proves the fact that an applicant has deposited cash or has been financed, which is issued by a financial institution designated by the Korea Communications Commission or the Information and Communications Financial Cooperative subject to Article 45 of the Act; and

3. To have qualification for any of the following items: i. If an applicant has been restricted for the qualification to participate in bids as an unfair business operator pursuant to the "Act on Contracts to Which the State is a Party" or "Act on Contracts to Which a Local Autonomous Entity is a Party", the period of restriction shall expire.; and

ii. If an applicant has been disposed for the business suspension for construction business, the period of suspension shall expire.

Article 22 (Report of the Transfer of Construction Business, etc.) (1) If a construction business operator intends to report the transfer of construction business or the merger of a corporation subject to Article 17 (1), the persons falling under any of the following subparagraphs shall prepare a report jointly and then submit it to a major or governor within 30 days from the date of contract for transfer or that of registration for the merger of a corporation.

1. Transferer and transferee for the transfer of construction business; and

2. Representatives of each corporation before a merger and the representative of the corporation that would be established or exist after a merger for the merger of a corporation.

(2) In a report subject to Paragraph (1), an applicant shall attach each document of th following subparagraphs (it shall include an electronic document) to the report of the transfer of construction business or of the merger of a corporation (it shall include a report of an electronic document).

1. Copy of the contract of transfer or contract of the merger of a corporation;

2. Document of each paragraph in Article 16 (1) if applicable (the document of Paragraph 2 shall be based on the date of the contract of transfer or that of the registration of a merger.);

3. Certificate of registration and registration card

4. Written consent of a project owner or document that proves the termination of contract for the construction work (it shall apply only to a construction work under construction for the report of transfer);

5. Status of a construction work (it shall apply only to a construction work which term of guarantee for defects doesn't end) (it includes the name of a project owner, amount of a project, period of a project, term of guarantee for defects and other acts.);

6. Status of a construction work by subcontract and the unpaid amount out of the amount of subcontract (it shall apply only to a construction work by subcontract and if there is an unpaid amount out of the amount of subcontract.); and

7. Copies of the resolutions of a merger in the general meetings of shareholders of both corporations that are the parties for the merger (it shall apply only to a stock or limited liability company in reporting the merger of corporations). - 11 -

(3) A public official in charge who receives the report subject to Paragraph (2) shall examine each of the following documents through the joint use of administrative information subject to Article 21 (1) of the "Electronic Government Act," provided that if the applicant doesn't agree to the examination of the public official, he/she shall attach a corresponding document:

1. Certificate of a foreigner's registration pursuant to Article 88-2 (1) of the "Immigration Control Act" (it shall apply to only if an applicant or the representative or director of a corporation is a foreigner.);

2. Certified copy of the register of a corporation

3. Certified copy of the register of a building (it may be replaced with a certified copy of a building register for the building that an applicant possesses or leases.);

4. Certificate of tax payment for national and local taxes of a transferer (it shall apply only to the report of transfer.); and

5. Permit of construction for a temporary building to be permitted subject to Article 20 (1) of the "Construction Act".

(4) The provisions from Article 17 through 20 shall apply in the report of the transfer of construction business or that of the merger of a corporation. (5) A major or governor may request a transferer or transferee to take appropriate action including the complement of the contract of transfer if falling under any of the following subparagraphs:

1. If the presentation of an opinion by a party interested is confirmed reasonable;

2. If a result of investigation on the standards for registration of a transferee, etc. is confirmed not to be appropriate to the standards for registration; and

3. If the matters of the transfer of construction business, etc. are confirmed to be in violation of Article 19 of the Act.

(6) Paragraph (5) shall apply in the process of a report for the merger of a corporation. Article 23 (Matters to Report a Change of a Construction Business Operator) (1) The "matters prescribed by other Presidential Decrees" in Article 23 (1) of the Act shall mean any of the following subparagraphs:

1. Location of a business office;

2. Representative;

3. Change of a capital (it shall apply to if a capital decreases to less than the standards of registration subject to Subparagraph 1, Article 21 and shall exclude a change of a capital not related to construction business.); and

4. Information and communications technician. (2) A person who intends to report a change subject to Article 23 (1) of the Act shall submit the report of a change in information and communications business to a major or governor within 30 days after the cause occurred. At this time, the major or governor shall make the construction business operator to submit the certificate of registration or registration card and shall then issue it after writing down the change. (3) An applicant shall attach a document according to the classification of each of the following subparagraphs to the report of Paragraph (2), provided that if it is possible to confirm information about an attached document through the joint use of administrative information subject to Article 21 (1) of the "Electronic Government Act", the attached - 12 -

document may be replaced by confirmation:

1. Change of a trade name or name: copy of the certificate of business registration (it means the certified copy of the register of a corporation for a corporation; hereinafter the same shall apply.);

2. Change of the location of a business office: copy of the certificate of business registration and document subject to Article 16 (1) 5;

3. Change of a representative: each of the following documents: i. Copy of the certificate of business registration; and ii. Document with the personal information of a new representative such as the name, resident registration number and address (copy of the certificate of a foreigner's registration pursuant to Article 33 of the "Immigration Control Act" for a foreigner).;

4. Change of a capital: document subject to Article 16 (1) 2; and

5. Change of an information and communications technician: the career card of a new information and communications technician.

(4) Article 17 shall apply in the report for the change of a construction business operator. Article 24 (Report of Cessation of Business of a Construction Business Operator) (1) A person who intends to cease business due to any reason in the subparagraphs of Article 23 (2) shall submit the report of cessation of information and communications construction business (it shall include a report of an electronic document) within 30 days after the cause occurred to a major or governor.

(2) An applicant shall attach a certificate of registration and registration card to the report of Paragraph (1).

(3) A public official in charge who receives the report of cessation of business subject to Paragraph (2) shall examine the certificate of cessation of business or certificate of business registration that the applicant has reported to a competent tax office pursuant to the "Value-Added Tax Act" through the joint use of administrative information subject to Article 21 (1) of the "Electronic Government Act," provided that if the applicant doesn't agree to the examination of the public official, he/she shall attach a corresponding document. SECTION 2 Contract and Subcontract

Article 25 (Exception in the Separation of a Contract) In the proviso of Article 32 of the Act, the case "prescribed by the Presidential Decree as the situation that it is difficult to give a contract by separation in the aspects of the nature and technical management of a construction work" shall mean any of the following subparagraphs:

1. If it is not clear to divide the liability for defects or not possible to complete a single object by concluding a contract by separation as a large-sized construction work such as a tunnel, dam and bridge which are executed by a special technology such as a patented method of construction, etc.;

2. If it is not possible to complete a single object by concluding a contract by separation as the installation work of an underground conduit for information and communications to be concurrently constructed appurtenant to road construction, a person who is given a - 13 -

contract for the road construction;

3. If it is difficult to conclude a contract by separation as an emergency restoration work due to a natural disaster or emergency accident;

4. If it is difficult to conclude a contract by separation as a construction work that requires confidentiality in relation to national defense and security; and

5. If it is difficult to conclude a contract by separation as an installation work of a cable tunnel pursuant to Annex 1.

Article 26 (Matters of a Contract for a Construction Work) (1) The "matters prescribed by other Presidential Decrees" in Article 26 (2) of the Act shall mean any of the following subparagraphs:

1. Matters of a construction work;

2. Time and method and amount of each payment if agreeing to the payment of an advance or payment by progress of a contract amount;

3. Matters about the share of damage if a party of a contract request the other party for the change of design, discontinuance of construction work or termination of the contract;

4. Matters about the scope of exemption of responsibility due to a natural disaster or other force majeure;

5. Matters about the change in a contract amount or matters of a construction work due to the change of design or fluctuation of prices;

6. Times of inspection and delivery for the delivery of a contract object;

7. Time of payment of a contract amount after the completion of a construction work;

8. Matters about indemnity such as the payment of a penalty or deferred interest when delaying the performance of a contract;

9. Term and method of guarantee for defects;

10. Matters about the disposal method and recycling of wastes generated from the construction work;

11. Matters about the payment of the industrial safety and health management expenses subject to Article 30 of the "Industrial Safety and Heath Act";

12. Matters about the amount and sharing method in relation to the premium pursuant to the "Act on the Collection of the Premiums for Employment Insurance and Industrial Accident Compensation Insurance," premium for national pension pursuant to the "National Pension Act" and various contributions payable pursuant to the acts related to the construction work; and

13. Matters specified pursuant to other acts or mutual agreement. (2) The Korea Communications Commission may prescribe and publish the standard contracts about the contract and subcontract of information and communications construction work so that contracting parties conclude contracts fairly in equal positions (for subcontract, it means the standard contract of information and communications construction work recommended by the Fair Trade Commission pursuant to the "Fair Transactions in Subcontracting Act.").

Article 27 (evaluation of Construction Capability) (1) The evaluation method in evaluating construction capability subject to Article 27 (2) of the Act shall be subject to Annex 4.

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(2) In evaluating construction capability subject Paragraph (1), the period of operation for construction business and performance of construction work of a previous construction business operator shall be added up if falling under any of the following subparagraphs:

1. If the corporation of a construction business operator is established after being split or split and merged, or it transfers its whole construction business to an existing corporation;

2. If the construction business that an individual has run is transferred to convert into corporation business (it shall apply only to that the individual who registered construction business establishes a corporation and then becomes the representative of the corporation.);

3. If a corporation which is a construction business operator transfers its construction business to be converted from a unlimited or limited partnership into a limited liability or stock company; and

4. If two corporations which are construction business operators merge, or a corporation which is a construction business operator and a corporation which is not a construction business operator merge.

(3) Construction capability evaluated subject to Paragraph (1) means the contract amount of one construction work that a construction business operator is allowed to construct within the period of 1 year from the date of notification (if a period that enters into force is prescribed separately, it means the period; hereinafter the same shall apply). However, construction capability means the contract amount of one construction work that a construction business operator is allowed to construct from the date of notification of the construction capability to one day before the date of notification of next year if it is evaluated by a cause falling under any of the following subparagraphs:

1. If registering for construction business pursuant to Article 14 of the Act;

2. If transferring or merging construction business subject to Article 17 (1) of the Act; and

3. If re-evaluating construction capability which was evaluated before by submitting the document according to Article 27 (3) of the Act falsely. (4) The Korea Communications Commission shall issue a registration card to a construction business operator after writing down the construction capability which was evaluated subject to Paragraph (1) and shall then announce the construction capability of each construction business operator publicly in a newspaper or computer network by Jun. 30 every year, provided that it shall announce it publicly in the computer network if evaluating construction capability for each subparagraph of Paragraph (3). Article 28 (Reports of Construction Performance, etc.) (1) A construction business operator who intends to be evaluated for his/her construction capability subject to Article 27 (3) of the Act shall submit the report of the construction performance of information and communications to the Korea Communications Commission by Feb. 15 every year (for the document subject to Paragraph (2) 1, by Apr. 10 for a corporation and Jun. 10 for an individual).

(2) The report of Paragraph (1) shall be attached with each document of the following subparagraphs, provided that it shall not apply to if the contract amount of a construction work is less than 3 million Won:

1. Each document of the following items which evidences construction performance; i. For a domestic construction work, copy of a certificate of construction performance - 15 -

issued by a project owner, tax invoice (for a supplier) pursuant to the "Value-Added Tax Act" or bill (for a supplier) pursuant to the Income Tax Act; ii. For an overseas building construction pursuant to the "Overseas Construction Promotion Act", the certificate of receipt of foreign currency issued by a foreign exchange bank, which is attached with the copy of a certificate of construction performance or construction contract confirmed by the Overseas Construction Association which has been established pursuant to Article 23 of the same act; iii. For a construction work by a construction business operator's own demand, a certificate of construction performance for self-demand issued by a supervisor to the construction work; and

iv. For a subcontract or re-subcontract construction work, a certificate of construction performance issued by a project owner, contractor or subcontractor, provided that if it is not possible to receive a certificate of construction performance due to an unavoidable cause such as the bankruptcy, cessation of business, etc. of a project owner, contractor or subcontractor, it may be replaced with the statement of a cause and tax invoice for the construction work.

2. Documentary evidence if applying for credit rating according to Annex 4; and

3. Copy of a document falling under any the following items: i. Report about taxation submitted to the director of a competent tax office pursuant to the "Corporate Tax Act" and "Income Tax Act" (it means a report confirmed by a certified tax accountant subject to Article 6 of the "Certified Tax Accountant Act", which includes a balance sheet and statement of profit and loss); ii. Financial statements audited by an external auditor pursuant to the "Act on External Audit of Stock Companies"; and

iii. Financial documents audited by a certified public accountant who has registered subject to the "Certified Public Accountant Act" or by an accounting company subject to Article 24 of the same act.

Article 29 (Information Management about Construction Business, etc.) (1) The content of information that is allowed to provide subject to Article 27 (5) of the Act shall mean any of the following subparagraphs:

1. Construction performance of all construction businesses, employment status of information and communications technicians and mean production amount per information and communications technician;

2. Total construction performance of a construction business operator and construction performance per type of construction work;

3. Employment status of information and communications technicians of a construction business operator;

4. Management status of construction business of a construction business operator;

5. Matters about administrative disposition and punishment for a unfair trader;

6. Matters about the facts selected as an excellent operator by a project owner (it shall apply only to public agencies designated by the state or local autonomous entity and/or according to Article 4 of the "Act on the Operation of Public Agencies"), etc.; (2) If being requested by a person for the provision of information subject to Paragraph (1), the Korea Communications Commission shall provide the information in writing or by using - 16 -

the communication network of telecommunications operators within 10 days from the date of request.

Article 30 (Scope of Subcontract, etc.)

(1) The construction work that a construction business operator is allowed to give a subcontract subject to Article 31 of the Act shall be an independent construction work which can be constructed by separation technically in the construction work given a contract to the operator and the scope of subcontract shall be calculated on the basis of a process or section, etc.

(2) The scope that a subcontractor is allowed to give a subcontract again under the proviso of Article 31 (2) of the Act shall be limited only to an independent construction work which can be constructed by separation technically in the construction work given a contract to the subcontractor.

(3) The "independent construction work which can be constructed by separation technically" in Paragraphs (1) and (2) means the construction work that may not affect the completion of a whole construction work under a contract as it is clear to clarify where the responsibility lies even though it is constructed by separation per process or section. Article 31 (Request for Approval of a Subcontract, etc.) A person who intends to get approval for the subcontract or re-subcontract of an information and communications construction work subject to Article 31 (3) of the Act shall submit the request for approval of a subcontract or re-subcontract by attaching with each document of the following subparagraphs:

1. Copy of a subcontract; and

2. Copy of the registration card of a subcontractor. Article 32 (Direct Payment Method of a subcontract price by a Project Owner, etc.) (1) The payment method and procedure subject to Article 31-5 (3) of the Act shall be subject to the following subparagraphs:

1. If a project owner confirms the fact that a contractor may not pay a subcontract price to a subcontractor due to its suspension of payment or bankruptcy, etc., the project owner shall determine the amount for construction completed and the amount constructed by the subcontractor and shall then inform the subcontractor that the subcontractor may claim the subcontract price directly to the project owner and the amount to be paid;

2. The subcontractor shall claim the direct payment of the subcontract price within 15 days from the date at which the subcontractor was informed subject to Subparagraph 1;

3. The project owner shall pay the subcontract price directly to the subcontractor who claimed subject to Subparagraph 2 and shall then inform the fact to the contractor;

4. The project owner shall decide the priority order for the payment of subcontract prices based on the order of completion or completed construction in case that there are many subcontractors to be paid directly and based on the date of receipt of a request for direct payment subject to Subparagraph 2 in case that a point of time is same. (2) If there is no provision about the direct payment method and procedure of a subcontract price in this Decree, Article 4 of the "Fair Transactions in Subcontracting Act" - 17 -

shall apply in that case.

Article 33 (Requests for Changes in Subcontractors) If a project owner intends to request the change of a subcontractor subject to Article 32 (1) of the Act, the project owner shall request it in writing within 15 days from the day that the project owner acknowledged the fact or within 30 days from the day that the fact occurred.

SECTION 3 Construction Management of Construction Work and Pre-Service Inspection

Article 34 (Standards for Site Placement of Information and Communications technicians, etc.) (1) An information and communications technician to be placed at a construction site subject to Article 33 (1) of the Act shall be an information and communications technician who corresponds to the type of the construction work. (2) A construction business operator shall place an information and communications technician permanently at a site to manage a construction work during the construction of the work according to the classification of the following subparagraphs, provided that the operator may not place the technician while the work is suspended:

1. Construction work more than the total contract amount of 500 million Won: information and communications technician above an intermediate grade technician; and

2. Construction work more than the total contract amount of 50 million Won and less than 500 million Won: information and communications technician above a primary grade technician.

(3) An information and communications technician who is placed at a construction site shall plan all safety measures to prevent any danger and problem according to construction work and shall execute his/her operations sincerely pursuant to the related acts. (4) A construction business operator may make one information and communications technician to manage two construction works with a consent from the project owner if falling under any of the following subparagraphs:

1. Construction works of a same type executed in a same city (it shall include a special and metropolitan cities) and county which the contract amount are less than 100 million Won; and

2. Construction works of a same type executed newly in an existing site under construction.

Article 35 (Construction Work subject to Pre-Service Inspection) (1) The construction work "prescribed by the Presidential Decree" in Article 36 (1) of the Act shall mean the work other than any of the following subparagraphs, which is the construction works of a building telecommunication line, mobile private communication line and common broadcasting reception facilities:

1. Construction work which was executed for supervision; and

2. Construction work for installation in a building less than the architectural area of 150 square meters or a building to be reported subject to Article 14 of the "Construction - 18 -

Act";

(2) A person who ordered a construction work shall submit the copy of a report of supervision result (it shall exclude other annexes such as design drawing, etc.) notified to the project owner subject to Article 14 to a major, county governor or ward chief (it shall mean the ward chief of a local autonomous district; hereinafter the same shall apply) if falling under Paragraph (1) 1.

(3) Article 8 (3) shall apply in the calculation of the architectural area of a building subject to Paragraph (1) 2.

Article 36 (Pre-Service Inspection, etc.)

(1) A person who intends to have a pre-service inspection subject to Article 36 of the Act shall attach the copy of the completion drawings of a construction work to the application for the pre-service inspection to an information and communications construction work (it shall include an application of an electronic document) and shall then submit them to a major, county governor or ward chief

(2) If a major, county governor or ward chief receives an application for the pre-service inspection subject to Paragraph (1), he/she shall inspect whether the construction work is appropriate to the technical standards according to Article 5 and the adequacy of the condition of construction.

(3) If a major, county governor or ward chief confirms that the facility is appropriate for service from a result of the pre-service inspection according to Paragraph (2), he/she shall issue the certificate of a pre-service inspection to an information and communications construction work.

(4) When a major, county governor or ward chief issues the certificate of a pre-service inspection to an information and communications construction work subject to Paragraph (3), he/she shall record it in the issue register of certificates of pre-service inspections to information and communications construction works in order of serial number. (5) If a major, county governor or ward chief confirms that the facility is not appropriate for service such as not conforming to the technical standards, etc. from a result of the pre-service inspection according to Paragraph (2), he/she shall specify the reason and shall then order to complement it.

Article 37 (Responsibility for Guarantee for Defects in Construction Works) The "term prescribed by the Presidential Decree by type of construction work" in Article 37 (1) of the Act shall mean any term of the following paragraphs:

1. Construction work of a cable tunnel such as a tunnel or open cut method: 5 years;

2. Construction works of cable installation (it shall exclude any private construction work), conduit, steel tower, exchanger installation, transmission equipment and satellite communication equipment among the telecommunications facilities for business subject to Subparagraph 4, Article 2 of the "Framework Act on Telecommunications": 3 years; and

3. Any construction work other than works in Subparagraphs 1 and 2: 1 year. CHAPTER IV INFORMATION AND COMMUNICATION

TECHNICIAN

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Article 38 (Education of Information and Communications Technical Manpower, etc.) (1) The Korea Communications Commission shall establish a basic plan about the training and education of information and communications technical power every year subject to Article 38 of the Act.

(2) The training institutes of information and communications technical manpower designated and announced publicly by the Korea Communications Commission subject to Article 69 (3) of the Act (hereinafter, referred to as the "manpower training institute") shall establish a detailed execution plan about education of information and communications technical manpower according to the basic plan subject to Paragraph (1) and shall then get approval for it by the Korea Communications Commission by the end of a previous year. (3) The detailed execution plan of education subject to Paragraph (2) shall include each of the following subparagraphs:

1. Basic policy of education;

2. Number of person for education;

3. Curriculum and subjects;

4. Education method;

5. Education period; and

6. Other matters necessary for executing the education of information and communications technical manpower

(4) The execution standards of recognized education for information and communications technical manpower subject to Article 38 (1) of the Act shall be subject to Annex 5. (5) The Korea Communications Commission shall record the matter of education completed in career cards and supervisors' certificates whenever information and communications technical manpower receive an education subject to Paragraph (4). (6) A service provider or construction business operator shall provide convenience for information and communications technical manpower employed by him/her to take an education subject Paragraph (4) and the technical manpower shall not be disadvantaged due to that reason.

Article 39 (Application for the Recognition of Information and Communications technicians, etc.)

(1) A person who intends to be recognized as an information and communications technician subject to Article 39 (1) shall submit the application for recognition as an information and communications technician to the Korea Communications Commission by attaching with each document of the following subparagraphs:

1. Copy of a national certificate of technical qualification (only for a person who possesses a qualification certificate);

2. Diploma (only at the time that the statement of an academic career is required.);

3. Certificate of a career; and

4. Copy of the certificate of a foreigner's registration pursuant to Article 33 of the "Immigration Control Act" (only for a foreigner). (2) A person who intends to be recognized for the change of an information and communications technician shall submit the application for the change of a technician grade with each document of the following subparagraphs to the Korea Communications - 20 -

Commission:

1. Certificate of a career; and

2. Career card of an information and communications technician. (3) A person who intends to be recognized for a career as an information and communications technician shall submit the application for the recognition of a supervisor's career with a certificate of a career to the Korea Communications Commission. (4) The Korea Communications Commission shall issue or reissue a career card of an information and communications technician to an applicant for the recognition as a supervisor subject to Paragraph (1) or for the change of a grade subject to Paragraph (2). (5) If an information and communications technician intends to be reissued with a career card of an information and communications technician due to loss or being worn out, the information and communications technician shall submit the application for the reissue with the previous career card of an information and communications technician (only if being worn out) to the Korea Communications Commission. (6) The Korea Communications Commission shall record any issue of a career card of an information and communications technician in the issue register of career cards in order of serial number if issuing or reissuing a career card subject to Paragraph (4). (7) If an information and communications technician requests the confirmation of a career to present his/her own technical capability to a project owner, construction business operator and service provider, the Korea Communications Commission may issue the certificate of confirmation for a career as an information and communications technician. Article 40 (Qualification Standards of Information and Communications Technician, etc.) (1) The qualification standards of an information and communications technician subject to Article 39 (2) of the Act shall be prescribed by dividing into grades and its detailed standards per grade shall be subject to Annex 6.

(2) The Korea Communications Commission shall maintain and control the record about the grade and career of a person who has been recognized as an information and communications technician subject to Article 39 (2) of the Act. CHAPTER V CONSTRUCTION BUSINESS RELATED

ORGANIZATIONS

Article 41 (Establishment of the Information and Communications Contractor Association) If construction business operators intend to establish the Information and Communications Contractors Association (hereinafter referred to as the "Association") subject to Article 41 of the Act, more than 10 persons shall promote the Association, shall get consent from more than 1/5 out of construction business operators and shall then apply for the authorization of the Korea Communications Commission.

Article 42 (Monitoring on the Association)

The Korea Communications Commission may make the Association to report on any of the following subparagraphs:

1. Any resolution from a general meeting or board of directors (it shall apply only to the - 21 -

operations on commission.);

2. Matters to understand the construction status of construction business operators and the actual status of subcontracting, etc.; and

3. Other important matters related to construction business and the Association. Article 43 (Establishment of the Information and Communications Financial Cooperative) If construction business operators intend to establish the Information and Communications Financial Cooperative (hereinafter referred to as the "Cooperative") subject to Article 41 of the Act, more than 10 persons shall promote the Cooperative, shall get consent from more than 1/5 out of construction business operators and shall then apply for the authorization of the Korea Communications Commission.

Article 44 (Scope of Guarantee)

The scope of the guarantee by the Cooperative subject to Article 45 (1) of the Act shall be obligation or liabilities borne in the process that members execute any construction work of the following subparagraphs:

1. Construction works under Article 2 and related services;

2. Building construction under the "Framework Act on the Construction Industry";

3. Overseas building construction under the "Overseas Construction Promotion Act";

4. Electricity construction work under the "Electricity Construction Business Act";

5. Fire-fighting system construction work under the Fire-Fighting System Installation Business Act

6. Repair works of cultural properties under the "Protection of Cultural Properties Act";

7. Installation of thermal insulation material under the "Energy Use Rationalization Act"; and

8. Appurtenant and repair works of construction work subject to the provisions from Subparagraphs 2 through 7.

Article 45 (Limit of guarantee)

The total limit of guarantee that the Cooperative may guarantee shall be up to 20 times of the sum of the total investment and reserve fund. However, if the cooperative is guaranteed by the guarantee or insurance of a financial institution, insurer or other similar institutions or ensures by receiving other securities, it shall not be included in the limit of guarantee of the Cooperative.

(2) The investment and reserve fund subject to Paragraph (1) shall be based on the settled amounts at the end of a previous year in each business year. However, if the Cooperative increases the capital or reassesses its assets according to the "Assets Revaluation Act" during a business year, the investment and reserve fund shall be based on settled amounts at the time that the capital increase or reassessment is completed. (3) The Cooperative shall determine the limit per type of guarantee that it may guarantee for members by considering the accident rate per type of guarantee and credit ratings of members.

Article 46 (Fees, Interests, etc.)

(1) The Cooperative may receive guarantee fees, interests on loans, bill discounting charges and rental fees from members.

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(2) Matters necessary about the guarantee fee subject to Paragraph (1) shall be prescribed in the Articles of Association.

Article 47 (Monitoring on Cooperative)

The Korea Communications Commission may make the Cooperative to report on any of the following subparagraphs:

1. Any resolution from a general meeting or board of directors (it shall apply only to the operations on commission.);

2. Matters to understand the actual status of construction business such as a financial status, etc.; and

3. Other important matters related to construction business and the Cooperative. CHAPTER VI Monitoring

Article 48 (Record and Control of Investigation on the Actual Condition) In executing an investigation on the actual condition subject to Article 63 (1) of the Act, a major or governor shall record and control a result and the personal information of a public official who executed an investigation in the investigation list on the actual condition of information and communications construction business operators after completing the investigation.

Article 49 (Suspension of Operations, etc.)

(1) The type of offense and the standard for the disposition of suspension of operations to supervisors and information and communications technicians subject to Article 64 and 68 of the Act shall be subject to Annex 7.

(2) The Korea Communications Commission may aggravate or reduce the term of suspension of operations within the range of 1/2 of the term according to the standard of Paragraph (1) by considering the motive, description and times of an offense. At this time, the total term of suspension of operations shall not exceed 1 year even if being aggravated. (3) The Korea Communications Commission shall record any disposition of suspension of supervisors' or information and communications technicians' operations in the register of administrative disposition to supervisors and information and communications technicians. Article 50 (Suspension of Business, etc.)

(1) The type of offense and the standard for administrative disposition according to a degree subject to Article 66 of the Act shall be subject to Annex 8. (2) A major or governor may aggravate or reduce the term of suspension of business within the range of 1/2 of the term subject to Paragraph (1) by considering the motive, description and times of an offense. At this time, the total term of suspension of business shall not exceed the term subject to Article 66 of the Act even if being aggravated. (3) The "term prescribed by the Presidential Decree" in Subparagraph 2-3, Article 66 of the - 23 -

Act shall mean a period within 30 days after the period subject to Article 19 (1) elapsed. Article 51 (Request of a party interested)

If a party interested requests punishment on a construction business operator to a major or governor subject to Article 67 of the Act, the party shall request it in writing by specifying each of the following subparagraphs:

1. Name of a construction business operator;

2. Name of a construction work;

3. Location of a construction work;

4. Offense in violation of acts: and

5. Request. Article 52 (Register of Administrative Disposition) When a major or governor conducts a suspension of business or cancellation of registration to a construction business operator, he/she shall record the fact in the register of administrative disposition to registered information and communications technicians and shall furnish it.

CHAPTER 7 SUPPLEMENTARY PROVISIONS

Article 53 (Delegation or Entrustment of Powers ) (1) The Korea Communications Commission shall entrust the manager of the Central Radio Management Office with each power of the following subparagraphs subject to Article 69 (1) of the Act.

1. Suspension of operations of supervisors subject to Article 64 of the Act;

2. Suspension of operations of information and communications technicians subject to Article 68 of the Act; and

3. Imposition and collection of fines for negligence subject to Paragraph (1) 1 and Subparagraphs 1-2, 2, 7 and 10 of Article 78 of the Act. (2) The Korea Communications Commission, major or governor shall entrust the Association with each operation of the following paragraphs subject to Article 69 (2) of the Act:

1. Receipt of applications for the recognition of supervisors and its recognition and issue and control of certificates of qualification subject to Article 8 (3) through (5) of the Act;

2. Receipt of reports subject Article 23 (1) of the Act;

3. General management of information, evaluation of construction capability and its public announcement and provision of information subject o Article 27 of the Act;

4.

5. Receipt of applications for the recognition of information and communications technicians and its recognition and issue and control of career cards subject to Article 39 (1) through (3) of the Act;

6. Operations about the cancellation of recognition of supervisors subject to Article 64-2 of the Act;

- 24 -

7. Operations about the cancellation of recognition of information and communications technicians subject to Article 68-2 of the Act;

8. Operations about hearings subject to Subparagraphs 1 and 3, Article 68-3 of the Act; and

9. Record of the completion of education subject to Article 38 (5). Article 54 (Calculation method of Wages to be Excluded from Seizure, etc.) The amount equivalent to ages subject to Article 71-2 of the Act shall be calculated by summing up the wages specified in the design documents among the contract or subcontract amounts of an information and communications construction work. Article 55 (Public Announcement)

Any public announcement of the registration of construction business subject, etc. to Article 72 of the Act shall be published in an official gazette of a special or metropolitan city or province or shall be executed through a computer network. Article 56 (Report) (1) A governor, major, county governor or ward chief shall report each status of the following subparagraphs to the Korea Communications Commission by the 15th day of next month on the basis of the end of every quarter subject to Article 72-2 (2) and (3) of the Act:

1. Status of registration of construction business subject to Article 14 of the Act; and

2. Status of pre-service inspection subject to Article 36 of the Act; (2) When the Association and manpower training institutes process operations entrusted subject Article 69 (2) and (3) of the Act and Article 53 (2) of this Decree, they shall report a result of process to the Korea Communications Commission by each classification of the following subparagraphs, provided that matters of Subparagraphs 2 and 3 shall be reported to a major or governor:

1. Status of the receipt of applications for certificates of qualification for supervisors and of the issue of certificates of qualification subject to Article 8 (3) of the Act: within the 15th day of next month on the basis of the end of every quarter;

2. Result of the receipt of reports of construction business operators subject to Article 23 (1) of the Act: within the 10th day of next month on the basis of the end of every month;

3. Result of the receipt of reports of construction performance, etc. subject to Article 27 (3) of the Act: within 30 days after the completion of receipt;

4. Result of the training and education to information and communications technical manpower subject to Article 38 (1) of the Act: within the 15th day of next month on the basis of the end of every quarter; and

5. Result of the process of received reports of information and communications technicians and status of the issue of career cards subject to Article 39 (1) and (2) of the Act: within the 15th day of next month on the basis of the end of every quarter. (3) If it is possible for the Korea Communications Commission, major or governor to know the matters of report subject to Paragraphs (1) and (2) through the information and communications network, the reports subject to Paragraphs (1) and (2) may be omitted. Article 57 (Fees)

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(1) Fees under Article 73 of the Act shall be subject to Annex 9. (2) Fees of Paragraph (1) shall be paid by any of the following subparagraphs, provided that the Korea Communications Commission, governor, major, county governor, ward chief may make payers to pay the fees by the methods of e-currency or electronic payment by using the information and communications network:

1. Fees subject to Subparagraphs 2, 3 and 5, Article 73 of the Act: revenue stamp of a local autonomous entity; and

2. Fees subject to Subparagraphs 1, 4 and 7, Article 73 of the Act: cash payment. Article 58 (Imposition of Fines for Negligence)

(1) The standards to impose a fine for negligence according to Article 78 (1) and (2) of the Act shall be subject to Annex 10.

(2) When imposing a fine for negligence according to Paragraph 1 above, the Korea Communications Commission, major or governor shall may reduce or aggravate the amount within the range of 1/2 of the amount by considering the degree, times, motive and result of an offense, provided that the amount shall not exceed the maximum amount subject to Article 76 (1) and (2) of the Act even if being aggravated. (3) The Korea Communications Commission, major or governor shall furnish the register of the disposition of fines for negligence and shall record and manage the matters about the imposition and collection of fines for negligence. ADDENDA

Article 1 (Enforcement Date)

This decree shall enter into force on the date of its promulgation. Article 2 (Example of application about the preparation of a contract, etc.) The amended provision of Article 26 (1) 12 shall be applied from the contract concluded first after the Act enters into force.

Article 3 (Transitional Measures as to Administrative Disposition) The previous provisions shall apply to the application of administrative disposition about an offense before this decree enters into force despite of the revised provision of Annex

8. ADDENDA (Enforcement Decree of the Construction Act)

Article 1 (Enforcement Date)

This Enforcement Decree shall enter into force from the date of its promulgation.

Article 2 through 3 Omitted.

Article 4 (Amendment of Other Acts)

(1) through <25> Omitted.

<26> Part of the Enforcement Decree of the Information and Communications Construction Business Act shall be amended as the following:

In Article 16 (1) 5 and (2) 4, "Article 15 of the Construction Act" shall be amended as "Article 20 of the Construction Act", respectively. - 26 -

In Article 22 (3) 5, "Article 15 of the Construction Act" shall be amended as "Article 20 of the Construction Act."

In Article 35 (1) 2, "Article 9 of the Construction Act" shall be amended as "Article 14 of the Construction Act."

<27> through <38> Omitted.

ADDENDA (Korea Communications Commission

and its Organization) Article 1 (Enforcement Date)

This decree shall enter into force on the date of its promulgation. Article 2 (Revision of other acts)

(1) Omitted from (1) through (4).

(5) Part of the enforcement decree of the Information and Communications Construction Business Act shall be amended as follows:

"(Delegation of Powers)", the title of Article 53 shall be amended as "(Delegation or Entrustment of Powers)" and the Clause of "delegate to the director of the Post Office" among a part beside each subparagraph of Paragraph (1) of the same article shall be changed to "entrust the manager of the Central Radio Management Office with". Omitted.

Annex 1 Type of Construction Work (in relation to Article 2 (2)) Annex 2 Qualification of Supervisors (in relation to Article 10 (1)) Annex 3 Standards for the Registration of Information and Communications Construction Business (in relation to Article 21)

Annex 4 Evaluation Method of Construction Capability (in relation to Article 27 (1)) Annex 5 Standards for the Execution of Education to be Recognized (in relation to Article 38 (4))

Annex 6 Qualification of Information and Communications Technicians (in relation to Article 40 (1))

Annex 7 Standards for Suspension of Operations (in relation to Article 49 (1)) Annex 8 Standards for Administrative Disposition (in relation to Article 50 (1)) Annex 9 Fees for the Registration of Construction Business, etc. (in relation to Article 57 (1))

Annex 10 Standards for the Imposition of Fines for Negligence (in relation to Article 58 (3))

ADDENDA

Article 1 (Enforcement Date)

This decree shall enter into force on the date of its promulgation. Article 2 (Transitional Measures as to the Placement of Supervisors) Notwithstanding the amended provisions of Article 11, the previous provisions shall apply to a person who is placed according to a supervision service contract concluded before the - 27 -

amended provisions enter into force among the Enforcement Decree of the Information and Communications Construction Business Act, the Presidential Decree Act No. 16455. Article 3 (Transitional Measures as to Design and Supervision Contract) Notwithstanding the amended provisions of Articles 6 (1) and 8 (1), the previous provisions shall apply to a construction work which design or supervision service contract was concluded before Articles 5 (1) and 7 (1) enter into force, which are part of the amended provisions of the Enforcement Decree of the Information and Communications Construction Business Act, the Presidential Decree Act No. 19847.

Article 4 (Transitional Measures as to the Grades of Supervisors and Information and Communications Technicians, etc.)

(1) If a person was recognized for the degree or qualification of a supervisor or information and communications technician subject to the previous provisions of Annex 2 and 6 before these provisions enter into force which are part of the amended provisions of the Enforcement Decree of the Information and Communications Construction Business Act, the Presidential Decree Act No. 19847, the previous provisions shall apply to the person despite of the amended provisions of Annex 2 or 6.

(2) If a person submitted the matters about qualification, academic career and career to the Minister of Information and Communications as an application for the recognition of the degree or qualification of a supervisor or information and communications technician subject to Article 8 and 39 of the Act before the provisions of Annex 2 and 6 enter into force which are part of the amended provisions of the "Enforcement Decree of the Information and Communications Construction Business Act", the Presidential Decree Act No. 19847, the previous provisions shall apply to the person despite of the amended provisions of Annex 2 or 6.

Article 5 (Relations to Other Acts)

If another act quotes the provisions of the previous "Enforcement Decree of the Information and Communications Construction Business Act" and "Enforcement Regulations of the Information and Communications Construction Business Act" at the time that this Decree enter into force, it shall be deemed that it quotes the provisions of the Decree by replacing the previous provisions with the new ones.


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