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Laws of the Republic of Korea |
INFORMATION AND COMMUNICATIONS CONSTRUCTION BUSINESS ACT
[Partially Amended by Act No. 8867, Feb. 29, 2008]
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to promote the appropriate performance of information and communications
construction work and the sound
development of construction business by providing for the
fundamental requirements for inspection, design, performance of construction,
supervision,
maintenance and management, technical management, etc. of information and communications
construction work and the
necessary matters for the registration of information and communications
construction business, and the contracts, etc. of information
and communications construction
work.
Article 2 (Definitions)
For the purpose of this Act, 1. the term "information and communications facilities" means machinery, equipment, cables,
or other facilities necessary for storing,
controlling, processing, transmitting, or receiving
information made of codes, characters, sounds, visual images, etc., by using
wire, wireless,
optical fiber, or other electromagnetic means;
2. the term "information and communications construction work" means any construction work
for the installation, maintenance and
repair of information and communications facilities and
works appurtenant thereto, which are prescribed by the Presidential Decree;
3. the term "information and communications construction business" means a business for carrying
out information and communications
construction work subject to the application of this Act
(hereinafter referred to as the "construction work"), irrespective of the
type of contract and
its title, etc.;
4. the term "information and communications construction business operator" means a person
who registers an information and communications
construction business as prescribed in this
Act (hereinafter referred to as the "construction business") and operates the construction
business;
5. the term "services" means work done or functions performed for another person upon his
entrustment in respect of inspection, design,
supervision, business management, maintenance,
or management, etc., relating to the construction work;
6. the term "service business" means the undertaking of services in pursuit of business;
7. the term "service provider" means a person undertaking service business with qualification
in the information and communication-related
fields as prescribed by the Presidential Decree,
such as the communications or electronic data processing, who has registered as
a person
conducting engineering activities under the provisions of Article 4 of the Engineering Technology
Promotion Act, or as
a founder of a certified technicians' and engineers' office under the
provisions of Article 6 of the Certified Technicians and Engineers
Act;
8. the term "design" means formulation of plans, drawings, specifications, documents on details
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of construction cost, technology computation documents relating to construction work (excluding
the building construction work under
the provisions of Article 4 of the Certified Architects
Act), and other written materials related thereto (hereinafter referred
to as "design documents");
9. the term "supervision" means the exercise of authority by the service provider on behalf of
the project owner to carry out management
as to whether construction work is properly carried
out in accordance with design documents and relevant regulations and to guide
quality control,
management of performance of construction work, safety control, etc., in respect of construction
work (excluding
the building construction work under the provisions of Article 4 of the Certified
Architects Act);
10. the term "supervisor" means a person who has been recognized by the Korea Communications
Commission as referred to in the provisions
of Article 8, who has technological knowhow
or technical skill for supervision of construction work (excluding the building construction
work under the provisions of Article 4 of the Certified Architects Act);
11. the term "project owner" means a person entering into contract of construction work (including
contract of services; hereafter
the same shall apply in this Article) with a construction business
operator (including a service provider; hereafter the same shall
apply in this Article), who
is not a primary contractor entering into subcontract for contracted construction work;
12. the term "contract" means an agreement under which the performance of construction work
is undertaken for an agreed price to
be paid by the project owner for the results of such
work, irrespective of designations of original contract, subcontract, entrustment,
or others;
13. the term "subcontract" means an agreement that is entered into between a primary contractor
and a third party with regard to
a portion of contracted construction;
14. the term "primary contractor" means a construction business operator who enters into contract
with an project owner for the performance
of construction work;
15. the term "subcontractor" means a construction business operator who has contracted with
a primary contractor for the performance
of construction work; and
16. the term "information or communications technician" means a person who has obtained
qualification in the field of information
and communication under the National Technical
Qualifications Act, or who has technological know-how or technical skill about information
and communications equipment, and who has been recognized by the Korea Communications
Commission as referred to in the provisions
of Article 39.
Article 3 (Restriction of Construction Work)
Any person other than an information and communications construction business operator
(hereinafter referred to as a "construction
business operator") may not contract for or perform
the construction work, provided that this shall not apply to any of the following
subparagraphs:
1. Where main communications operators, with the permission of the Korea Communications
Commission under the provisions of Article
5 of the Telecommunications Service Act, undertake
the performance of construction work for permitted work or tasks;
2. Where minor construction work prescribed by the Presidential Decree is to be contracted or
performed; or
3. Where the installation works of cable tunnel or underground conduit to be concurrently
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constructed appendent to road construction, are contracted or performed under the conditions
as prescribed by the Presidential Decree.
Article 4 (Duty of Good Faith of Construction Business Operator)
A construction business operator shall conduct his business in
good faith in conformity with the
Acts and subordinate statutes applicable to construction work and services, and design documents,
etc., so as to secure the required quality and safety of information and communications facilities.
Article 5 (Measures in respect
of Foreign Construction Business Operator)
The Korea Communications Commission may, if necessary for the registration of construction
business by a foreigner or foreign juristic person, determine the standards for the recognition
of qualifications, academic backgrounds
and careers relating to the construction business in a
foreign country.
CONSTRUCTION WORK
Article 6 (Compliance with Technical Standards)
(1) A person designing construction work shall design appropriately to meet the technical standards
prescribed by the Presidential
Decree.
(2) A supervisor shall perform supervision on construction work to conform with design documents
and relevant regulations.
Article 7 (Design, etc.)
(1) A project owner shall give to service providers orders for designing construction work.
(2) A person who has prepared design
documents under the provisions of Paragraph (1) shall
sign them, or sign and put his seal on them.
(3) The scope of construction works to be designed under the provisions of Paragraphs (1) and
(2), the keeping of design documents,
and other necessary matters shall be determined by the
Presidential Decree.
Article 8 (Supervision, etc.)
(1) A project owner shall give to service providers orders for supervision on construction works.
(2) A service provider to whom
orders for supervision on construction works are given according
to the provisions of Paragraph (1) shall have a supervisor perform
supervision on construction works.
(3) A person who intends to obtain a recognition as a supervisor shall file an application with
the Korea Communications Commission under the conditions as determined by the Presidential
Decree .
(4) Where an applicant as referred to in Paragraph (3) comes to be equivalent to the supervisor's
qualifications as prescribed by
the Presidential Decree, the Korea Communications Commission
shall recognize him as the supervisor.
(5) Where the Korea Communications Commission recognizes an applicant as referred to in Paragraph
(3) as the supervisor, he shall
deliver a certificate of the qualification of supervisor (hereinafter
referred to as the "qualification certificate") to the relevant
supervisor.
(6) The supervisor shall not have other persons conduct the supervision duties by using his name,
or lease his qualification certificate.
(2) A construction business operator at whom orders for renewal or stay of performance of construction
work or other necessary measures
are directed by the supervisor in accordance with the provisions
of paragraph (1), shall comply with such orders unless there are
particular reasons to do the
contrary.
Article 10 (Corrective Measures against Supervisor)
In case where it is feared that construction works go wrong because a supervisor
fails to perform
his work in good faith, a project owner may take the necessary measures, including corrective
directives, etc.,
as prescribed by the Presidential Decree.
Article 11 (Notification of Results of Supervision)
The service provider to whom orders
for supervising construction works are given in accordance
with the provisions of Article 8 (1) shall notify, the project owner
in writing of the results of
the supervision determined by the Presidential Decree when the supervision of construction works
has
been completed.
Article 12 (Restriction of supervision by Construction Business Operator)
Performance of construction work and supervision of construction
works may not be allowed
to be done concurrently when a construction business operator is the same person as a service
provider,
or when a construction business operator is related to a service provider as set forth
in any of the following subparagraphs:
1. Where there are relations between a parent company and a subsidiary as prescribed by the
Presidential Decree;
2. Where there are relations between a corporation and its directors and employees; or
3. Where the persons have kinship from each other as set forth under the provisions of Article
777 of the Civil Act.
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Article 12-2 (Fosterage of Service Business)
(1) The Korea Communications Commission may, if necessary for promoting the improvement
of technology standards concerning services
and the sound development of service business, establish
and execute a policy to foster and support any service business appropriate
for a peculiarity of
construction work in consultation with the Minister of Science and Technology and the head
of a central administrative
agency concerned.
WORKS
SECTION 1 Registration, etc. of Construction Business
Article 13 Deleted.
Article 14 (Registration of Construction Business, etc.
(2) A person who has registered the construction business as referred to in Paragraph (1) shall
file a report on the matters concerning
the standards of registration as referred to in Article 15
with a mayor or governor each time when the period prescribed by the
Presidential Decree within
the limit of less than three years elapses, under the conditions as determined by the Presidential
Decree.
(3) The mayor or governor shall issue a registration certificate and card if the construction business
is registered with him under
Paragraph (1).
The standards for the registration of construction business shall be prescribed by the Presidential
Decree in consideration of any
of the following matters: 1. Technical capability;
2. Capital (amount of asset valuation, in the case of an individual); and
3. Other necessary matters.
Article 16 (Disqualifications for Registration)
A person falling under any of the following subparagraphs may not register the construction business:
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1. An incompetent or quasi-competent person;
2. A person who was declared bankrupt and have not yet been reinstated;
3. A person for whom, after being sentenced to imprisonment without prison labor or to a heavier
punishment for violating the provisions
of this Act, a period of three years has not yet elapsed
from the day when he completed his sentence (including cases where he is
deemed
to have completed his sentence) or from the day on which the said completion of sentence
was remitted, or who is in the
course of a suspended sentence;
4. A person for whom, after being sentenced to a fine for a violation of the provisions of this
Act, two years have not yet elapsed;
5. A person for whom the period of two years has not yet elapsed after the registration has been
cancelled under this Act;
6. A person for whom, after being sentenced to imprisonment without prison labor or to a heavier
punishment for any crime as referred
to in the National Security Act or Chapters and
of Part of the Criminal Act, a period of three years has not yet elapsed from
the day
when he completed his sentence (including the cases where he is deemed to have completed
his sentence) or from the day
on which the said completion of sentence was remitted, or
who is in the course of a suspended sentence; and
7. A corporation that has the persons falling under Subparagraphs 1 through 6 among its directors.
Article 17 (Transfer of Construction
Business, etc.)
(1) A construction business operator who falls under any of the following subparagraphs shall
make a report to
a mayor or governor under the conditions as prescribed by the Presidential
Decree: 1. When he intends to transfer the construction business (including the case where the construction
business operator, being a corporation,
intends to transfer the construction business to the
corporation which is established or survived after division or merger through
division; hereinafter
the same shall apply); and
2. When construction business operators, being corporations, intend to be merged or where a
construction business operator, being
a corporation, intends to be merged with other corporation
which is not a construction business operator.
(2) In cases where the transfer of construction business has been reported under Paragraph (1),
the transferee of construction business
succeeds to the status of the transferor of construction
business as a construction business operator; in case where the merger
of corporations has been
reported, a corporations created or remaining after the merger succeeds to the status of the corporation
as a construction business operator that is dissolved because of merger.
Article 18 Deleted.
Article 19 (Subjects of Transfer of Construction Business, etc.)
(1) A person who intends to transfer construction business shall
transfer both the rights and the
duties of construction business that fall under the following subparagraphs:
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1. Rights and duties relating to a contract for construction work still being carried out; or
2. Rights and duties relating to repairs of said defects, where the term of guarantee for defects
does not expire with regard to
completed construction works.
(2) In the case of Paragraph (1), when construction work is still being performed, the said construction
business may not be transferred unless the project owner of the construction work gives consent
or the contract for the construction
work expires.
Article 20 Deleted.
Article 21 (Inheritance of Construction Business)
(1) When a construction business operator is dead, his heir shall succeed to the
position, rights
and obligations of the said construction business operator under this Act.
(2) Deleted.
Article 22 (Continuing Performance of Construction Work by Operator, etc. of Construction Business
whose Registration is Canceled)
(3) A construction business operator shall be regarded as such until the construction work has
finished, in cases where he has to
continue to carry out the construction work pursuant to Paragraph
(1) even after his construction business registration is canceled.
1. An administrator in bankruptcy if a construction business operator is bankrupted;
2. A liquidator if a corporation is dissolved for reasons other than merger or bankruptcy;
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3. An heir who does not inherit the construction business when the construction business operator
dies; and
4. An individual or representative of a corporation who was the operator of a construction business,
if the construction business
discontinued operation due to any cause other than those mentioned
in Subparagraphs 1 through 3.
Article 24 (Prohibition of Leasing of Registration Certificate of Construction Business, etc.)
A construction business operator
shall not allow another person to use his name or trade name
for the making of a contract or the performance of construction work,
and shall not lease his
registration certificate or registration card.
(2) The Korea Communications Commission may, if deemed necessary for the balanced fosterage
of construction business, request the
State, a local government and a public agency subject to
Article 2 of the Act on Management of Public Agencies ordering the construction
work to increase
an participation opportunity for a small and medium construction business operator and to take
other necessary
measures. In this case, the State, a local government and a government-invested
institution shall positively cooperate therefor
unless there is any special ground.
Article 25 (Separation of Contract)
Construction work shall be contracted for separately from building construction under the Framework
Act on the Construction Industry
or electricity construction under the Electricity Construction
Business Act, provided that the same shall not apply when it would
be difficult to carry out
construction work separately because of its nature or the purposes of technological management,
as prescribed
by the Presidential Decree.
Article 26 (General Principles, etc. of Contract for Construction Work)
(1) A contract for construction work shall be entered into
between parties on equal terms and
in fairness based on their consent, and shall be performed in good faith.
(2) Parties to contract
for construction work shall indicate their written agreement when they
conclude it of the contract, the period of construction work,
and other matters prescribed by
the Presidential Decree, and shall deliver sealed and dated written agreements to each other and
keep them.
(3) A primary contractor shall not impose upon a subcontractor practices that are recognized
as unfavorable to the latter, such
as designation, etc. of the place where materials are purchased,
in respect of performance of contract for construction work.
(4)
The corresponding provisions of the Fair Transactions in Subcontracting Act shall apply in
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about subcontracts unless otherwise provided by this Act.
Article 27 (Management of Information concerning Construction Business,
etc.)
(1) The Korea Communications Commission shall comprehensively manage the information
concerning the construction business
including the current state of supply and demand of materials
and manpower necessary for the construction work and that concerning
the actual results per
type of construction work, capital and technological capability of a construction business operator.
(2) The Korea Communications Commission shall, upon a request from a construction business
operator, evaluate and publicly announce
his performance capability on the basis of the actual
results of construction work, capital and technological capability and the
construction work quality
reliability and level of quality control of the said construction business operator, under the conditions
as prescribed by the Presidential Decree.
(4) If a project owner, etc. requests the provision of any information which is comprehensively
managed under Paragraph (1), the
Information and Communications Committee may provide
any such information.
(5) The contents of the information which may be provided under Paragraph (4), the methods
and procedures of provision thereof,
and other necessary matters, shall be prescribed by the
Presidential Decree.
Article 29 (Contract for Construction Work)
A project owner shall give a contract for construction work to a construction business operator,
provided that the same shall not
apply to the cases falling under any subparagraph of Article
3.
(1) No construction business operator shall subcontract the contracted construction works to another
construction business operator
in excess of 50/100 of them, provided that the same shall not apply
to the cases falling under any of the following subparagraphs:
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1. Where the project owner deems it necessary for improving the quality of works or the efficiency
of works; and
2. Where a construction business operator who delivers the materials to be used for the work
performs a work for installing the materials
that have been delivered.
(2) No subcontractor shall re-subcontract the subcontracted construction work to another
construction
business operator, provided that the same shall not apply to the cases where the
portions falling short of 50/100 of the subcontracted
amount are re-subcontracted within the limit
as prescribed by the Presidential Decree.
(3) When a construction business operator intends to subcontract a part of the contracted construction
work to another construction
business operator, or a subcontractor intends to re-subcontract a
part of the subcontracted construction work to another construction
business operator, he shall
obtain a consent in writing from the project owner of relevant construction work, respectively.
(4)
Details and scope, etc. of a construction work that may be subcontracted by a construction
business operator as referred to in Paragraph
(1) shall be prescribed by the Presidential Decree.
[This Article Wholly Amended, Jan. 29, 2004]
Article 31-2 (Status of Subcontractor, etc.)
(1) The subcontractor shall, in performing a subcontracted construction work, be liable to the
project owner identically with the
primary contractor.
(2) The provisions of Paragraph (1) shall not affect any legal relationship between the primary
contractor
and subcontractor. [This Article Newly Inserted, Jan. 29, 2004]
Article 31-3 (Hearing Opinions from Subcontractors)
Where there
exists any subcontractor in the performance of subcontracted construction works,
the primary contractor shall hear in advance the
opinions from the subcontractor on the method
and progress of construction works and other matters deemed necessary for the relevant
subcontracted
construction works. [This Article Newly Inserted, Jan. 29, 2004]
Article 31-4 (Payment, etc. of Price for Subcontract)
(1) The primary contractor shall pay in cash to the subcontractor the
whole of subcontract price when he has received from the
ordering person the money for completion
of a construction work, and pay the amount equivalent to the portion of a subcontractor's
work
execution when he has received the progress payment, respectively within 15 days from the date
of payment (referring to the
expiration date of relevant draft, when the primary contractor has
received a draft for the price of works from the project owner).
(2) When the primary contractor has received any advance payment amount from the project
owner, he shall pay an advance payment
amount to his subcontractor in accordance with the
details and ratio of the advance payment amount that has been paid to him, so
as to get his
subcontractor be able to purchase the materials, to employ the workers at construction sites, and
in addition to
undertake the subcontracted works. In such case, the primary contractor may demand
his subcontractor to make the guarantee in preparation
for the case where the latter shall repay
the advance payment amount.
(3) Where the amount of a contract is to be adjusted due to such situations as an alteration
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of designs or a fluctuation in the prices of commodities, etc. after the primary contractor has
concluded a subcontract, the contractor
may pay the price of subcontract to his subcontractor
by increasing or decreasing the said price, in accordance with the adjusted
amount of work prices
and its ratio. [This Article Newly Inserted Jan. 29, 2004]
Article 31-5 (Direct Payment of Subcontract Prices)
(1) Where falling under any of the following subparagraphs, the project owner may directly pay
to the subcontractor any subcontract
price equivalent to the portion of construction works peformed
by the latter. In such case, an obligation of the project owner to
the primary contractor for a
payment of prices shall be deemed to have extinguished
within the limit of his payment to the subcontractor:
1. Where an agreement has been made between the project owner and the contractor that clarifies
the purport that a price of subcontract
may be directly paid to the subcontractor and the
methods and procedures for such a payment;
2. Where the subcontractor has obtained the final and conclusive judgment to order the primary
contractor to make a payment of the
subcontract prices for the portion of a subcontractor's
work execution; and
3. Where the project owner deems that there exist the evident reasons for an inability of the
primary contractor to pay the subcontract
prices due to his payment suspension or bankruptcy,
etc.
(2) Where falling under the provisions of Paragraph (1) 3, and where deemed that there exist
any concerns over causing the damages
to the primary contractor due to the causes imputable
to the subcontractor, the primary contractor may demand the project owner
to suspend his direct
payment of the subcontract prices, by clarifying the reasons therefor.
(3) Methods and procedures for the
case of a direct payment of the subcontract prices as referred
to in the provisions of Paragraph (1) 3 shall be stipulated by the
Presidential Decree.
(2) When it is feared most likely that the results of construction work will be affected because
the primary contractor fails to
respond to such requests as referred to in Paragraph (1) without
any justifiable cause, the project owner may terminate the contract
for construction work.
SECTION 3 Performance Management of Construction Work and
Pre-Service Inspection
Article 33 (Placement of Information and Communications Technicians)
(1) A construction business operator shall place not less than
one information and communications
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technician at a construction site so as to manage performance of construction work or other
technical matters, under the conditions
as prescribed by the Presidential Decree, and shall give
notice of such fact to the project owner of such construction work.
(2)
The information and communications technician placed as mentioned in the provisions of
Paragraph (1) may not leave the construction
site without reasonable grounds, unless the project
owner of the construction work approves.
(3) If a project owner deems that the information and communications technician placed as mentioned
in the provisions of Paragraph
(1) is markedly incapable of carrying out his functions and duties,
the ordering person may request the primary contractor to replace
him. In such cases, the primary
contractor shall comply with such request, unless there are justifiable grounds to the contrary.
Article 34 Deleted.
Article 35 (Liability for Compensation by Construction Business Operator)
(1) A construction business operator shall be liable for
compensating other persons for damages
caused intentionally or negligently by insufficient management of performance of construction
work.
(2) A construction business operator may exercise rights of indemnification against a project owner,
where damages referred to in
Paragraph (1) are caused intentionally or through gross negligence
by the latter.
(3) A primary contractor shall be under joint liability with a subcontractor for payment of
compensation for damages, where the
subcontractor intentionally or negligently causes damage
to other persons because he insufficiently manages the performance of contracted
construction
work.
(4) A primary contractor may, if he compensates damages pursuant to the provisions of Paragraph
(3), exercise rights of indemnification
against the subcontractor who is liable for the payment
of compensation.
Article 36 (Pre-service Inspection of Construction Works, etc.)
Article 37 (Warranty for Repair of Defects in Construction Works)
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(1) A primary contractor shall be liable for providing a project owner with a warranty for repairs
of defects that occur not later
than the period prescribed by the Presidential Decree according
to each category of construction works, not exceeding five years
from the date on which the
construction works are completed.
(2) With regard to defects caused for reasons falling under any of the following subparagraphs,
a primary contractor is not liable
for providing a warranty to repair such defects, notwithstanding
the provisions of Paragraph (1) provided that the same shall not
apply where the primary contractor
does not notify the project owner even if the former has become aware that the materials or
directives were not appropriate:
1. Where materials supplied by the project owner fail to meet requirements of quality, measurements,
etc.; and
2. Where construction work is performed according to the directives of the project owner.
(3) Where there are particular provisions
in other Acts as to warranty for repair of defects in
construction works (excluding Articles 670 and 671 of the Civil Act), such
Acts shall be applicable.
CHAPTER INFORMATION AND
COMMUNICATIONS TECHNICIANS
Article 38 (Training and Education of Information and Communications Technology Manpower,
etc.)
(1) For the purpose of the efficient utilization and quality improvement of information and
communications technology manpower such
as information and communications technicians, the
Korea Communications Commission may carry out programs to train information and
communications technology manpower and to educate and train any person to be recognized
as information and communications technology
manpower.
(2) The Korea Communications Commission may designate institutes to train information and
communications technology manpower for
the stable supply of information and communications
technology manpower, and support the necessary expenses out of the Information
and
Communications Promotion Fund, etc. pursuant to the provisions of Article 33 of the Framework
Act on Informatization Promotion.
(3) Where the Korea Communications Commission recognizes the applicant as referred to in
Paragraph (1) as an information and communications
technician, he shall issue a certificate of
levels and careers, etc. as an information and communications technician (hereinafter
referred
to as the "career card") to the relevant information and communications technician.
(4) Matters necessary for the issuance and management of career card as referred to in the provisions
of Paragraph (3) shall be
determined by the Presidential Decree.
Article 40 (Prohibition of Concurrent Holding of Offices by Information and Communications
Technician, etc.)
(1) An information and communications technician shall not be allowed to work for two or more
construction business entities at
the same time.
WORKS
Article 41 (Establishment of Information and Communications Contractors Association)
(1) A construction business operator may establish
the Information and Communications Contractors
Association (hereinafter referred to as the "Association") for quality maintenance,
the improvement
of technology and construction methods, and the sound development of construction business
by obtaining authorization
from the Korea Communications Commission.
(2) The Association shall be a corporation.
(3) Matters necessary for the establishment, monitoring, etc. of the Association shall be determined
as prescribed by the Presidential
Decree.
Article 42 (Qualification for Membership)
A person who registers the construction business under Article 14 (1) may be admitted to the
Association.
Article 43 (Proposal)
For the purpose of the appropriate performance of construction work and the sound development
of construction business, the Association
may make a proposal to the Korea Communications
Commission with respect to matters concerning the construction business.
[This Article Wholly Amended, Feb. 5, 1999]
- 15 -
Article 44 (Application of Civil Act)
The provisions on incorporated associations under the Civil Act shall apply in the matters concerning
the Association unless otherwise
provided by this Act.
Article 45 (Establishment of Information and Communications Financial Cooperative)
(1) A construction business
operator may establish an Information and Communications Financial
Cooperative (hereinafter referred to as the "Cooperative") with
the authorization of the Korea
Communications Commission in order to promote independent economic activities and to provide
various
assurances and the financial assistance necessary for carrying out construction business
through a cooperative organization.
(3) Matters necessary for the establishment and monitoring of the Cooperative, etc. shall be determined
by the Presidential Decree.
Article 46 (Projects of Cooperative)
The projects of the Cooperative shall be determined by its articles of incorporation.
[This Article Wholly Amended, Feb. 5, 1999]
Article 47 (Appointment of Representative)
The Cooperative may appoint a representative from among the directors or employees to take
judicial or non-judicial actions with
regard to its operation.
Article 48 (Transfer of Shares, etc.)
(1) A member or ex-member of the Cooperative may, pursuant to the articles of incorporation,
transfer its shares to other members
or to those who wish to be members of the Cooperative.
(2) The transferee of shares pursuant to the provisions of Paragraph (1) above shall succeed to
rights and duties of the transferor
relating to such shares.
(3) The transfer of shares and the establishment of rights of pledge (limited to the cases in which
shares
are transferred as security for performance of obligations to the Cooperative) shall be made
in accordance with the methods of transferring
registered stocks or establishing pledge rights
as set forth in the provisions of the Commercial Act.
(4) Attachment or provisional
attachment of shares by procedures of civil execution or by procedures
of coercive collection of national tax in arrears shall be
done in accordance with methods of
attachment or provisional attachment of designated bonds under the provisions of the Civil Execution
Act.
Article 49 (Acquisition, etc. of Shares by Cooperative)
(1) The Cooperative may acquire shares owned by members or ex-members for
reasons falling
under any one of the following subparagraphs provided that the cases where provisions of
Subparagraph 1 or 3 apply,
such shares shall be acquired:
1. Where the amount of contribution is to be reduced;
2. Where it is necessary to exercise rights of security against members;
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3. Where a member intending to leave the Cooperative requires the latter to acquire shares owned
by the former so as to recover the
former's contributed money;
4. Where two years elapse after a member withdraws; or
5. Where a broken lot happens as a result from the conversion of reserve funds into a contribution.
(2) The Cooperative shall, without
delay, follow the procedures for reduction of the amount of
contribution when it acquires shares pursuant to the provisions of Paragraph
(1) 1, and shall
dispose of shares without delay where Subparagraphs 2 through 5 of the said paragraph apply.
(3) The Cooperative
shall forthwith make payment of the amount of money to be paid to a
member or ex-member where it acquires shares under the provisions
of Paragraph (1).
(4) Liquidated claims that a member or ex-member has for reasons of the acquisition of shares
by the Cooperative
pursuant to the provisions of Paragraph (1) shall lapse if they are not exercised
within five years from the date on which the shares
are acquired.
Article 50 (Liability of Cooperative)
(1) The Cooperative shall pay a guaranty for money to the guaranteed creditor in cases where
grounds of payment of the guaranty
arise with regard to matters for which the Cooperative provides
a guaranty according to Acts and subordinate statutes, contracts,
etc.
(2) Secured rights of guaranteed creditors against the Cooperative pursuant to the provisions of
Paragraph (1) shall lapse
if they are not exercised within five years from the date on which the
period of guaranty expires.
Article 51 (Application to Other Acts)
The provisions of the Civil Act on an incorporate association and those of the Commercial Act
on accounts of a stock corporation
shall apply in, unless otherwise prescribed in this Act, with
regard to the Cooperative.
CHAPTER Deleted.
Articles 52 through 62 Deleted.
CHAPTER Monitoring
Article 63 (Guidance and Monitoring on Construction Business Operators, etc.)
(1) When a mayor or governor deems it necessary to
judge whether of not being compatible
with the registration standards, whether of not any subcontract is proper, and whether of
not
a faithful construction work has been made, etc., he may have the construction business operator
make a report on his affairs
and his construction situations, or order him to submit the data,
and have the public officials under his command investigate the
actual management status of
the construction business operator or inspect the materials or installations for his construction
works.
(2) A person who performs such an investigation or inspection as prescribed in Paragraph (1)
shall carry an identification indicating
his authority, and present it to the interested parties.
(3) Where the Mayor or governor deems it necessary, he may demand the project
owner of an
- 17 -
information and communications construction work, the supervisor and other agencies related
with the information and communications
construction works to submit data on construction
work situations of the information and communications construction works.
[This
Article Newly Inserted, Jan. 29, 2004]
Article 64 (Suspension of Supervisor's Operations)
The Korea Communications Commission may, in case where any supervisor has another
person
conduct the supervision operations by using his name or leasing his qualification certificate in
contravention of Article
8 (6), suspend his operations with fixing the period within one year.
[This Article Newly Inserted, Jan. 16, 2001]
Article 64-2 (Revocation of Recognition of Supervisors)
The Korea Communications Commission shall revoke a recognition of supervisor
for the person
who falls under any of the following subparagraphs: 1. A person who has obtained a recognition of qualifications as the supervisor as referred to
in the provisions of Article 8 (4)
in falsity or other illegal means; and
2. A person for whom the relevant national technical qualification has been revoked as referred
to in the provisions of Article 16
(1) of the National Technical Qualifications Act.
[This Article Newly Inserted, Jan. 29, 2004]
Article 65 (Corrective Orders, etc.)
A mayor or governor may give orders for correction or other necessary directives by setting time
limits, when a construction business
operator falls under any of the following subparagraphs:
1. Where they perform construction work in violation of the provisions of Article 12;
2. Deleted; 3. Where they enter into subcontract in contravention of the provisions of Article 31;
3-2. Where they fail to pay the prices to
the subcontractor in violation of the provisions of Article
31-4;
4. Where they fail to place information and communications technicians at construction sites
pursuant to the provisions of Article
33 (1);
5. Where they cause concern insufficient construction work because of contravention the provisions
of relevant Acts and subordinate
statutes including the Framework Act on Telecommunications;
and
6. Where they fail to perform contracted construction work without reasonable grounds.
Article 66 (Suspension of Business and Cancellation
of Registration) 1. Deleted; 2. Where they make the registration as prescribed in Article 14 (1) by any wrongful means;
- 18 -
2-2. Where they make a false report on the matters as referred to in Article 14 (2);
2-3. Where they fail to make a report within
the period as prescribed by the Presidential Decree
on the matters as referred to in Article 14 (2);
3. Where they fail to meet requirements for registration under the provisions of Article 15;
4. Where they fall under any subparagraph of Article 16 provided that the same shall not apply
where a corporation, though falling
under Subparagraph 7, Article 16, changes directors within
three months from the date on which it acknowledges there are such grounds
to change them,
and where a successor mentioned in the provisions of Article 21 (1) transfers the construction
business concerned
to others within three months from the date of succession;
5. Where they fail to file reports or reports on discontinuance of business under the provisions
of Article 23, or they file false
reports;
6. Where they lease their registration certificate or card to another person in violation of the
provisions of Article 24, or use
another person's registration certificate or card by lease;
6-2. Where they submit in falsity the documents concerning the actual
records of construction
works, the equity capital, and other matters as determined by the Presidential Decree, in violation
of
the provisions of Article 27 (3);
7. Where they enter into subcontract in violation of the provisions of Article 31;
8. Where they fail to place information and communications technicians pursuant to the provisions
of Article 33 (1);
9. Deleted; 10. Where they fail to comply with corrective orders or directives pursuant to the provisions of
Article 65;
11. Where they perform insufficient construction work in violation of the provisions of relevant
Acts and subordinate statutes including
the Framework Act on Telecommunications;
12. Deleted; 13. Where they fail to comply with measures having the effect of suspension of business or they
are subject to measures having the
effect of suspension of business at least three times in
the recent five years;
14. Where the State or local governments make requests for suspension of business or cancellation
of registration pursuant to the
provisions of other Acts and subordinate statutes; or
15. Where they violates this Act or orders issued thereunder.
Article 67 (Requests by Persons Interested for Restraints)
In cases
where a construction business operator falls under the provisions of Articles 65 and 66,
persons interested may request a mayor
or governor to take appropriate measures against the
said construction business operator by submitting to him a report with their
reasons for such
requests.
Article 68 (Suspension of Duties of Information and Communications Technician)
The Korea Communications Commission may, in case
where any information and communications
technician comes to fall under any of the following subparagraphs, suspend his duties by
prescribing
the period within one year:
1. Where he is concurrently engaged in two or more construction businesses, in violation of
- 19 -
Article 40 (1); and
2. Where he has another person conduct the services or works by using his name, or leases
his career card, in violation of Article
40 (2).
[This Article Newly Inserted, Jan. 16, 2001]
[Movement from Article 68-2; Movement of the previous Article 68 to Article 68-3
Article 68-2 (Revocation of Recognition of Information and Communications Technician)
The Korea Communications Commission shall
revoke a recognition of the information and
communications technicians against the persons falling under any of the following subparagraphs:
1. A person who has obtained a recognition of the information and communications technicians
as referred to in the provisions of
Article 39 (2) by falsity or other illegal means; and
2. A person for whom the relevant national technical qualification has been revoked as referred
to in the provisions of Article 16
(1) of the National Technical Qualifications Act.
[This Article Newly Inserted, Jan. 29, 2004]
[Movement of the previous Article 68-2 to Article 68
Where the Korea Communications Commission, mayor or governor intends to make the dispositions
falling under any of the following
subparagraphs, he shall hold hearings: 1. Revocation of a recognition of the supervisor as referred to in the provisions of Article 64-2;
2. Revocation of a registration as referred to in the provisions of Article 66; and
3. Revocation of a recognition of the information and communications technicians as referred
to in the provisions of Article 68-2.
[This Article Wholly Amended, Jan. 29, 2004]
[Movement to Article 68
CHAPTER SUPPLEMENTARY PROVISIONS
Article 69 (Delegation and Entrustment of Powers)
(1) Part of the powers of the Korea Communications Commission under this Act may
be delegated
to the head of an institution attached thereto pursuant to the Presidential Decree.
(2) The Korea Communications Commission, mayor or governor may entrust the following affairs
as referred to in the following subparagraphs
to the Association pursuant to the Presidential Decree:
1. Affairs concerning the acceptance of an application for recognition of the supervisor or his
recognition and the delivery and
management of the qualification certificate as referred to
in the provisions of Article 8 (3) through (5);
2. Affairs concerning a report as prescribed in Article 23 (1);
3. Affairs concerning the comprehensive management of information, the evaluation of performance
capability and the provision of
information as prescribed in Article 27;
- 20 -
4. Deleted; 5. Affairs concerning the acceptance of an application for recognition or a recognition of an
information and communications technician
and the issuance and management of his career
card as prescribed in Article 39 (1) through (3);
6. Affairs concerning a revocation of recognition of the supervisor as referred to in the provisions
of Article 64-2;
7. Affairs concerning a revocation of recognition of the information and communications technician
as referred to in the provisions
of Article 68-2; and
8. Affairs concerning the hearings as referred to in the provisions of Subparagraphs 1 through
3 of Article 68-3.
(3) The Korea Communications Commission may entrust the Association or an institution to
train information and communications technology
manpower as designated and announced by
him with affairs concerning programs to train information and communications technology
manpower
and to educate and train any person to be recognized as information and communications technology
manpower as prescribed
in Article 38 (1).
1. A public official who has carried out or carries out services of such registration, report or
supervision as prescribed in this
Act;
2. Deleted; or 3. A person to whom services are or used to be entrusted according to the provisions of Article
69 (2) and (3).
Article 71 (Presumption of Public Official in respect of Application of Penal Provisions)
A person who carries out such services
as entrusted under Article 69 (2) and (3) shall be
deemed to be a public official in the application of Articles 129 through 132
of the Criminal
Act.
Article 71-2 (Prohibition of Seizures of Wages)
(1) Of the contract price of construction works that has been contracted by the construction
business operator, the amount equivalent
to the wages to be paid to the workers of relevant
construction works (including the subcontracted construction works), shall not
be seized.
(2) The scope and computing methods of the amount equivalent to the wages as referred to
in the provisions of Paragraph
(1) shall be prescribed by the Presidential Decree.
[This Article Newly Inserted, Jan. 29, 2004]
Article 72 (Announcement of Registration, etc.)
Decree:
1. In case the registration of construction business is made;
2. In case the transfer of construction business and merger of corporations are reported;
3. In case a representative is changed due to the succession of construction business; or
4. In case the registration of construction business is canceled or a disposition of suspension of
business is taken.
Article 72-2 (Report on Current Status of Construction Business, etc.)
(1) The Korea Communications Commission may demand a mayor
or governor to make a report
on the results of guidance and monitoring as referred to in the provisions of Article 63.
(2) A mayor or governor shall file a report on the registration status of construction business
as referred to in the provisions
of Article 14 with the Korea Communications Commission under
the conditions as determined by the Presidential Decree.
Article 73 (Fees)
A person falling under any of the following subparagraphs shall pay fees under the conditions
as prescribed by the Presidential
Decree: 1. A person who intends to obtain a recognition of the supervisor as referred to in the provisions
of Article 8 (3);
2. A person who applies for registration of construction business under the provisions of Article
14 (1);
3. A person who makes requests for reissuance of a registration certificate or card under the
provisions of Article 14 (3);
4. A person who intends to undergo the evaluation of his performance capability under the provisions
of Article 27 (2) and a person
who intends to be provided with any information under the
provisions of Paragraph (4) of the same Article;
5. A person who makes requests for pre-service inspection of construction works under the provisions
of Article 36 (1);
6. Deleted; 7. A person who intends to obtain a recognition of the information and communications technician
as referred to in the provisions
of Article 39 (1); and
8. Deleted.
Article 74 (Penal Provisions)
A person falling under any of the following subparagraphs shall be punished by imprisonment
for not more than three years or by
a fine not exceeding 20 million Won:
1. A person who carries out construction work and supervision concurrently in violation of the
provisions of Article 12;
2. A person who conducts construction business without making such registration as prescribed
in Article 14 (1) or after making any
registration by any wrongful means;
3. A person who conducts construction business without making such a report as prescribed
in Article 17 (1) or after making any report
by any wrongful means;
4. A person who leases a registration certificate or card to other persons in violation of the provisions
of Article 24 or uses another
person's registration certificate or card by lease; and
5. A person who, while subject to measures of suspension of business under the provisions of
Article 66, conducts business during
the period of suspension of business.
Article 75 (Penal Provisions)
A person falling under any of the following subparagraphs shall be punished by imprisonment
for not more than one year or by a fine
not exceeding 10 million Won:
1. A person who has requested a supervision to be done by those who are not qualified as supervisors,
in violation of the provisions
of Article 8 (2);
1-2. A person who has another person conduct the supervision duties by using his name, or leases
his qualification certificate,
in violation of Article 8 (6), or a person who has conducted the
supervision duties by using another's name, or used the qualification
certificate by leasing
it;
2. A person who has entered into contract in violation of the provisions of Article 31 (1) or
(2);
3. A person who has commenced a construction work without receiving a confirmation before
the commencement of the construction work,
or used without undergoing a pre-service inspection
under the provisions of Article 36 (1);
4. A person who holds other jobs in violation of Article 40 (1); and
5. A person who has leased his career card in violation of the provisions of Article 40 (2) or
has used another person's career card
on lease.
Article 76 (Penal Provisions)
A person falling under any of the following subparagraphs shall be punished by a fine not exceeding
five million Won:
1. A person who has carried out a design or supervision that fails to meet technological standards
under the provisions of Article
6;
2. A person who has given orders of construction work in violation of the provisions of Article
7 (1);
3. A person who has given orders of construction work in violation of the provisions of Article
8 (1);
4. A person who has failed to enter into separate contracts in violation of the provisions of Article
25;
5. A person who has failed to place information and communications technicians at construction
- 23 -
sites under the provisions of Article 33 (1); and
6. A person who has made a contract with other person than a construction business operator
in violation of the provisions of Article
29.
Article 77 (Joint Penal Provisions)
When the representative of a corporation, or an agent, an employee or any other worker in
the service of a corporation or an individual
has violated the provisions of Articles 74 through
76 with respect to the business of said corporation or individual, said corporation
or individual
shall be punished by a fine as stipulated in the respective article, in addition to the offender's
being punished.
Article 78 (Fine for Negligence)
(1) A person falling under any of the following subparagraphs shall be punished by a fine for
negligence not exceeding three million
Won:
1. A person who has failed to sign design documents, or to sign this name and affix his seal
on them in violation of the provisions
of Article 7 (2);
1-2. A person who has obtained a qualification certificate of the supervisor as referred to in the
provisions
of Article 8 (5) by falsity or other illegal means;
2. A person who has failed to notify the project owner of the results of supervision under the
provisions of Article 11;
3. Deleted; 4. Deleted; 5. A person who has failed to file reports or reports on discontinuance of business under the
provisions of Article 23, or who has
filed false reports on it;
6. A person who has submitted the false documents on the actual results of construction work,
capital and other matters as determined
by the Presidential Decree of Article 27 (3);
7. A person who has left construction sites without justifiable grounds in violation of the provisions
of Article 33 (2);
8. Deleted. 9. Deleted. 10. A person who has obtained an issuance of a career card of the information and communications
technician as referred to in the
provisions of Article 39 (3) by falsity and other illegal means;
11. A person who has refused, interfered with or avoided the investigation or inspection as
referred to in the provisions of Article
63 (1), or has submitted the data or filed a report
in falsity.
(2) A person who falls under any of the following subparagraphs shall be punished by a fine
for negligence not exceeding one million
Won: 1. A person who has failed to give a notice as referred to in the provisions of Article 22
(2); and
2. A person who has failed to submit the data or to make a report as referred to in the provisions
of Article 63 (1).
(3) A fine for negligence under the provisions of paragraphs (1) and (2) shall be imposed and
- 24 -
collected by the Korea Communications Commission, mayor or governor (hereinafter referred
to as the "imposing authority") under
the conditions prescribed by the Presidential Decree.
(4) A person who is dissatisfied with the disposition of fine for negligence under the provisions
of Paragraph (3) may make a complaint
to the imposing authority within 30 days from the date
on which he received the notice.
(6) When a complaint under the provisions of Paragraph (4) has not been made, and fines for
negligence have not been paid, such
fines shall be imposed and collected by referring to the practices
of dispositions on default of national taxes or local taxes.
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998, provided that the provisions of Articles 27
(1), 36 and 42 shall enter into
force on January 1, 1999.
Article 2 (Transitional Measures as to Existing Construction Business Operators)
(1) At the time of enforcement
of this Act, a person who has been permitted to conduct Level
or general construction business under the previous provisions shall
be deemed to have
been permitted to perform Level or information and communications construction business
provided that he shall
be issued a permission certificate or card under this Act within six months
from the enforcement date of this Act.
(2) At the time of enforcement of this Act, a person with a registration under different categories
of construction business under
the previous provisions shall be deemed to have been permitted
to conduct Level information and communications construction business
according to this Act
for the effective periods of such registration provided that where the effective period of registration
is
not to expire in one year from the enforcement date of this Act, he shall be deemed to have
been permitted to conduct Level information
and communications construction business according
to this Act by the end of one year from the enforcement date of this Act, notwithstanding
the
effective period of registration.
(3) Different categorical construction business operators under the provisions of Paragraph (2)
shall obtain permission from the
Korea Communications Commission in satisfaction of requirements
for a Level construction business permission according to this
Act within the effective period
of registration or within one year from the enforcement date of this act.
Article 3 (Transitional
Measures as to Grounds for Disqualification for Construction Business
Permission) At the time of enforcement of this Act, if a person
has applied for construction
- 25 -
business permission according to the previous provisions, said previous provisions shall apply,
notwithstanding the provisions of
Article 16.
Article 4 (Transitional Measures as to Those Who Applied for Authorization of Transfer of Construction
Business, etc.)
At the time of enforcement of this Act, if a person has applied for authorization of transfer of
construction business, etc. according
to the previous provisions, said previous provisions shall apply,
notwithstanding the provisions of Article 17.
Article 5 (Transitional Measures as to Change of Name)
(1) At the time of enforcement of this Act, the Telecommunications Work Association
and the
Telecommunication Financial Cooperative shall be deemed as the Information and Communications
Contractor Association and
the Information and Communications Financial Cooperative,
respectively.
(2) At the time of enforcement of this Act, the Telecommunications Work Association and the
Telecommunications Financial Cooperative
shall be deemed in their activities or other legal relations
as the Information and Communications Contractors Association and the
Information and
Communications Financial Cooperative, respectively.
(3) At the time of enforcement of this Act, designations of
the Telecommunications Work Association,
and the Telecommunications Financial Cooperative on registers or other public records shall
be
deemed as the Information and Communications Contractors Association and the Information
and Communications Financial Cooperative,
respectively.
Article 6 (Transitional Measures as to Commission on Conciliation of Disputes Arising from
Telecommunications Construction
Business)
At the time of enforcement of this Act, the Commission on Conciliation of Disputes Arising from
Telecommunications Construction
Business created according to the previous provisions shall be
deemed as the Commission on Conciliation of Disputes Arising from
Information and
Communications Construction Business established by the provisions of Article 52.
Article 7 (Amendment of Other
Acts)
(1) The Framework Act on Telecommunications shall be amended as the following:
In Article 13 (1), the "telecommunications construction
business operator under the
Telecommunications Construction Business Act" shall be "information and communications
construction
business operator under the "Information and Communications Construction Business
Act."
(2) The Framework Act on the Building Industry shall be amended as the following:
Item ii, Subparagraph 4, Article 2 shall be amended
as the followings:
ii. Information and communications construction work under the "Information and
Communications Construction
Business Act."
(3) The Construction Act shall be amended as the following:
In Article 18 (4) 2, the "Telecommunications Construction Business Act"
shall be the "Information
and Communications Construction Business Act."
- 26 -
(4) The Overseas Construction Promotion Act shall be amended as the followings:
In Article 3, the "Telecommunications Construction
Business Act to telecommunications
construction work" shall be the "Information and Communications Construction Business Act to
information and communications construction work."
Article (2) 3 shall be amended as the followings:
3. A person who has been permitted for information and communications construction business
pursuant to the Information and Communications
Construction Business Act.
(5) The Fair Transactions in Subcontracting Act shall be amended as the followings:
In Article 2 (9)
3, the "Telecommunications Construction Business Act" shall be amended as
the "Information and Communications Construction Business
Act."
In Article 34, the "Telecommunications Construction Business Act" shall be amended as the
"Information and Communications
Construction Business Act."
Article 8 (Relation to Other Acts)
At the time of enforcement of this Act, if other Acts and subordinate statutes cite the provisions
of the Telecommunications Construction
Business Act or its provisions and where this Act contains
corresponding provisions, this Act of its corresponding provisions shall
be deemed to have been
cited.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1998.
Article 2 (Transitional Measures as to Existing Construction Business Operators)
(1) At the time when this Act enters into force,
a person who obtains a permission to conduct
Level and information and communications construction business under the previous
provisions,
shall be deemed to register the information and communications construction business under
this Act.
(2) At the time when this Act enters into force, a different categorical construction business operator
who is deemed to obtain
a permission to conduct Level information and communications
construction business under Article 2 (2) of the Addenda of Act No.
5386, shall be deemed to
register the information and communications construction business under this Act for the period
of validity
of such registration. In this case, the scope of a contract for construction business
of said different categorical construction
business operator shall be governed by the previous
provisions.
Article 3 (Transitional Measures as to Person Making Application for Permission to Conduct
Construction Business)
(1) Notwithstanding the amended provisions of Article 14, the previous provisions shall apply
to a person who makes an application
for a permission to conduct the construction business under
the previous provisions at the time when this Act enters into force.
- 27 -
(2) A person who obtains a permission to conduct Level and information and communications
construction business under Paragraph
(1), shall be deemed to register the information and
communications construction business under this Act.
Article 4 (Transitional
Measures as to Person Making Application for Authorization of Transfer
of Construction Business, etc.)
At the time when this Act enters into force, a person who makes an application for an authorization
of transfer of construction
business, etc. under the previous provisions, shall be deemed to make
a report under this Act.
ADDENDA
(1) (Enforcement Date)
This Act shall enter into force on June 1, 2001.
(2) (Application Example to Provisions for Exceptions to Work Restrictions)
The amendments to Subparagraph 3, Article 3 concerning
the exceptions to work restrictions
shall be applicable to the construction work contracted on and after the date of the entry into
force of this Act.
ADDENDA(Civil Execution Act)
This Act shall enter into force on July 1, 2002.
Articles 2 through 5 Omitted.
Article 6 (Amendment of Other Acts)
(1) through <40> Omitted.
<41> The Information and Communications Construction Business Act shall be amended as the
following:
In Article 48 (4), the "Procedure of Civil Proceedings" shall be amended as the "Procedure of
Civil Execution" and the "Civil Procedure
Act" shall be as the "Civil Execution Act."
<42> through <45> Omitted.
Articles 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
- 28 -
Article 2 (Application Example concerning Restrictions, etc. on Subcontract)
The amended provisions of Articles 31, 31-2 through
31-5 and 71-2 shall apply to the portion
of construction works for which a contract is to be concluded first after the enforcement
of this
Act.
Article 3 (Application Example concerning Pre-service Inspection)
The amended provisions of Article 36 shall apply to the portion
of construction works for which
an application for the pre-service inspection is to be filed first after the enforcement of this
Act.
Article 4 (Transitional Measures concerning Registration of Construction Business Operator)
Any construction business operator
who has made a registration to the Korea Communications
Commission as referred to the previous provisions at the time of enforcement
of this Act shall
be deemed to have registered his construction business to the Mayor or governor as referred to
in the amended
provisions of Article 14.
Article 5 (Transitional Measures concerning Supervisor and Information and Communications
Technician)
A person who has obtained an issuance of the qualification certificate of the supervisor or the
career card of the information and
communications technician as referred to the previous provisions
at the time of enforcement of this Act shall be deemed to have
obtained a recognition of the
supervisor or the information and communications technician as referred to in the amended provisions
of Articles 8 and 39.
Article 6 (Transitional Measures concerning Fine for Negligence)
The previous provisions shall govern any levy of the fine for negligence
on the acts committed
prior to the enforcement of this Act.
Article 7 (General Transitional Measures)
Any application or report, etc. and other acts by the administrative agencies performed as referred
to in the previous provisions
prior to the enforcement of this Act, or various applications and
other acts against the administrative agencies, shall be regarded
as the acts of the administrative
agencies or the acts against the administrative agencies corresponding thereto, as referred to
in
this Act.
Article 8 (Amendment of Other Acts)
(1) The Act on Industrial Integration Promotion and Establishment of Factories shall be amended
as the following:
Article 14-2 (1) 6 shall be deleted.
(2) The Support for Small and Medium Enterprise Establishment Act shall be amended as the
following:
Article 22 (3) 5 shall be deleted.
ADDENDA (Framework Act on Informatization Promotion)
- 29 -
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005.
Articles 2 Omitted.
Articles 3 (Amendment of Other Acts)
(1) through (3) Omitted.
(4) The Information and Communications Construction Business Act shall be amended as the
following:
In Article 38 (3), the "Informatization Promotion Fund" shall be amended as the "Information
and Communications Promotion Fund."
ADDENDA
This Act shall enter into force on the date of its promulgation.
ADDENDA (Act on Establishment and Management of the
Korea Communications
Commission)
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 7 (Amendment of Other Acts)
(1) through (13) Omitted.
(14) Part of the Information and Communications Construction Business Act shall be amended
as the following:
In Subparagraph 10 and 16 of Article 2, Article 8 (3) through (5), Article 39 (1) through (3),
Article 64, any part other than each
subparagraph of Article 64-2, any part other than each
subparagraph of Article 68, any part other than each subparagraph of Article
68-2, any part other
than each subparagraph of Article 68-3, any part other than each subparagraph of Article 69-2,
Article 72-2
(1) through (3) and any part other than each subparagraph of Article 69-2, the "Minister
of Information and Communications" shall
be amended as the "Korea Communications Commission."
In Subparagraph 1 of Article 3, Article 12-2 (1) and (2), the whole paragraphs
of Article 24-2
(1) and (2), Article 27 (1) through (4), Article 38 (1) and (2), Article 41 (1), Article 43, Article
45 and Article
69 (1) and (3), the "Minister of Information and Communications" shall be amended
as the "Korea Communications Commission."
In Article 6 (1), Article 11, Article 23 (1), Article 27 (3) and (5), Article 36 (2), any part other
- 30 -
than each subparagraph of Article 73 and Article 78 (1) 6, the "Ordinance of the Ministry of
Information and Communications" shall
be amended as the "Presidential Decree."
In Article 8 (3), Article 14 (2), Article 31-5 (3), Article 39 (1) and (4), Subparagraph
6-2 of
Article 66 and Article 72 (2) and (3), the "Ordinance of the Ministry of Information and
Communications" shall be amended
as the "Presidential Decree."
In Article 69 (1), the "delegation to the head of a belonged agency" shall be "delegation or entrustment
to the head of a belonged agency or head of the Post Office."
(15) through <20> Omitted.
Article 8 through 12 Omitted.
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