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SPECIAL ACT ON THE SAFETY CONTROL AND MAINTENANCE OF ESTABLISHMENTS — 법갈피

영문법령 / SPECIAL ACT ON THE SAFETY CONTROL AND MAINTENANCE OF ESTABLISHMENTS

SPECIAL ACT ON THE SAFETY CONTROL AND MAINTENANCE OF ESTABLISHMENTS

법률일부개정시행 2025-12-04국토교통부 · 제20553호 · 공포 2024-12-03

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to ensuring public safety and further promoting the welfare of the people by preventing accidents and disasters and improving the utility of establishments through safety inspections and appropriate maintenance of establishments.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "establishment" means any structure built through construction works, including a bridge, tunnel, harbor, dam, and building, and facilities incidental to such structure, which is classified into a Class-I, Class-II, and Class-III establishment referred to in the subparagraphs of Article 7;

2. The term "management authority" means any person designated either as the manager of an establishment or the owner of an establishment. In this regard, the person responsible for managing an establishment under an agreement or other arrangement entered into with the owner of the establishment on the management of the establishment shall be deemed the management authority; and management authorities shall be classified into public management authorities and private management authorities;

3. The term "public management authority" means any of the following management authorities:

a. The State or local governments;

b. Public institutions under Article 4 of the Act on the Management of Public Institutions;

c. Local public enterprises under the Local Public Enterprises Act;

4. The term "private management authority" means any management authority other than public management authorities;

5. The term "safety inspection" means an inspection conducted by a person having experience and expertise to examine risk factors inherent in a certain establishment with the naked eye or with inspection tools, etc.; and such inspection shall be classified into a periodic safety inspection and a full safety inspection according the objectives and level of an inspection, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport;

6. The term "full safety examination" means examining, measuring, and assessing the structural safety of an establishment, the causes of defects in the establishment, etc., in order to identify physical and functional defects of the establishment and to take prompt and appropriate measures for such defects, and proposing methods for repair, reinforcement, etc.;

Article 6(Formulation and implementation of plans for safety and maintenance of establishments) #

(1) Every management authority shall formulate and implement a plan for the safety and maintenance of the establishments under its management (hereinafter referred to as "establishment management plan") according to the master plan; provided, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si, Gun or Gu ("the head of a Gu" refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") shall formulate such plan for the establishments specified by Presidential Decree, among establishments managed by private management authorities, including multi-family housing buildings exempt from compulsory management, as defined in subparagraph 2 of Article 2 of the Multi-Family Housing Management Act, which falls under Class-III establishments classified under Article 7.

(2) Each establishment management plan shall include the following matters; provided, the matters specified in subparagraphs 5 and 6 may be omitted where the head of a Si/Gun/Gu formulates an establishment management plan in accordance with the proviso of paragraph (1): <Amended on Dec. 3, 2024>

1. Organizational structure, personnel, and equipment to be provided for the appropriate safety and maintenance of establishments;

2. Matters concerning a system for taking measures in emergency;

3. Collection and retention of design documents related to the designing, construction, supervision of construction, maintenance, etc. of establishments;

4. Safety inspections or full safety examinations;

5. Maintenance works, including repair and reinforcement, and expenses incurred in such works.

6. Matters regarding occasional inspections for the continued use of establishments.

(3) The head of a Si/Gun/Gu who formulates an establishment management plan pursuant to the proviso to paragraph (1) shall notify the relevant management authority of the plan.

(4) Upon formulating an establishment management plan, a public management authority shall report the plan to the head of a relevant administrative agency specified in either of the following subparagraphs:

1. If the public management authority is an agency affiliated with, or supervised by a central administrative agency: The head of the central administrative agency;

2. If the public management authority is not an agency referred to in subparagraph 1: The competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor").

(5) Upon formulating an establishment management plan, a private management authority shall submit the plan to the head of a relevant Si/Gun/Gu.

(6) Upon receiving an establishment management plan submitted under paragraph (5), the head of a Si/Gun/Gu shall report the submitted plan to the competent Mayor/Do Governor (excluding a Self-Governing City Mayor or Special Self-Governing Province Governor), as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(7) Upon receiving an establishment management plan reported or submitted pursuant to paragraphs (4) through (6), the head of a central administrative agency or a Mayor/Do Governor shall check out the progress of the plan and shall submit data related to the establishment management plan to the Minister of Land, Infrastructure and Transport.

(8) The Minister of Land, Infrastructure and Transport or the head of a relevant administrative agency shall examine the feasibility of the establishment management plan reported or submitted pursuant to paragraphs (4) through (7) and may request the relevant management authority or the head of a relevant Si/Gun/Gu (limited to cases of the proviso to paragraph (1)) to revise or supplement the plan, if necessary. In such cases, a person so requested shall comply with such request unless there is a compelling reason not to do so.

(9) Other matters necessary for formulating and implementing an establishment management plan, including the timing for formulating an establishment management plan by type of management authority, and the content of such plan, shall be prescribed by Presidential Decree.

Article 7(Types of establishments) #

Establishments shall be classified as follows:

1. Class-I establishments: Establishments specified by Presidential Decree, among the following large establishments that require special management or advanced technology for structural safety and maintenance to promote convenient and safe public use:

a. Bridges for high-speed railroads, and road or railroad bridges at least 500 meters long;

b. Tunnels for high-speed railroads or urban railroads, and road or railroad tunnels at least 1,000 meters long;

c. Lock gates, and breakwaters at least 1,000 meters long;

d. Multi-purpose dams, dams for power generation, dams for flood control, and water reservoir dams with a total storage capacity of at least 10 million tons;

e. Buildings with at least 21 stories or with a total floor area of at least 50,000 square meters;

f. Estuary embankments and tide embankments with a catchment capacity of at least 80 million tons;

g. Regional waterworks for potable water, waterworks for industrial water, and local waterworks with a daily supply capacity of at least 30,000 tons;

2. Class-II establishments: The following establishments specified by Presidential Decree as they are at high risk of disaster or require continuous management to prevent disasters, including infrastructure, other than Class-I establishments:

a. Road or railroad bridges at least 100 meters long;

b. Tunnels for national expressways, general national highways, Special Metropolitan City roads and Metropolitan City roads, and railroad tunnels in the Special Metropolitan City or Metropolitan Cities;

c. Breakwaters at least 500 meters long;

d. Dams only for local waterworks for potable water and water reservoir dams with a total storage capacity of at least one million tons;

e. Buildings with at least 16 stories or with a total floor area of at least 30,000 square meters;

f. Tide embankments with a catchment capacity of at least 10 million tons;

g. Local waterworks for potable water with a daily supply capacity of less than 30,000 tons;

3. Class-III establishments: Small establishments designated and publicly notified under Article 8 as requiring safety control, other than Class-I and Class-II establishments.

Article 9(Submission of design documents) #

(1) A project entity building and supplying a Class-I or Class-II establishment shall submit documents specified by Presidential Decree, including design documents and establishment management register, to a relevant management authority and the Minister of Land, Infrastructure and Transport.

(2) When an establishment is designated and publicly notified as a Class-III establishment pursuant to Article 8(1), the management authority of the Class-III establishment shall submit the documents referred to in paragraph (1) to the Minister of Land, Infrastructure and Transport within one month.

(3) Notwithstanding paragraph (1), upon receiving a request from the head of any relevant central administrative agency, the project entity building and supplying a Class-I or Class-II establishment need not submit the documents referred to in paragraph (1) regarding the establishment, if it is necessary to keep relevant information confidential for national defense or security. In such cases, the head of such central administrative agency shall notify the Minister of Land, Infrastructure and Transport of the reasons for such refusal.

(4) A management authority shall submit the documents referred to in paragraphs (1) to the Minister of Land, Infrastructure and Transport after completing any of the substantial repair or reinforcement works specified by Presidential Decree.

(5) Where a project entity or management authority fails to submit the documents prescribed in paragraph (1), (2), or (4), the Minister of Land, Infrastructure and Transport may order said entity or authority to submit such documents within a specified period of not less than 10 but not more than 60 days. <Added on Aug. 14, 2018>

(6) Every management authority shall retain the documents specified in paragraph (1), (2), and (4) for as long as the relevant establishment continues to exist. <Amended on Aug. 14, 2018>

(7) The head of a related administrative agency with the authority to approve completion or use of a Class-I or Class-II establishment (referring to the head of any of the public institutions prescribed in Article 4 of the Act on the Management of Public Institutions, if such public institution is entrusted with the authority to approve completion or use of such establishment pursuant to relevant statutes or regulations) shall examine the documents submitted under paragraph (1) by the project entity building and supplying the Class-I or Class-II establishment to approve completion or use of the establishment. <Amended on Aug. 14, 2018>

(8) The head of any related administrative agency who approves completion or use of an establishment under paragraph (7) shall notify the Minister of Land, Infrastructure and Transport of approval of completion or use of the establishment within one month from the date of approval of the completion or use, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 14, 2018>

(9) Methods for submitting documents under paragraphs (1) through (4) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 14, 2018>

Article 10(Inspection of design documents) #

(1) An institution specializing in safety examinations registered in accordance with Article 28 (hereinafter referred to as "institution specializing in safety examinations"), an institution specializing in safety inspections registered in accordance with Article 28-2 (hereinafter referred to as "institution specializing in safety inspections"), a constructor registered in accordance with Article 9 of the Framework Act on the Construction Industry (hereinafter referred to as "constructor"), or the Korea Authority of Land and Infrastructure Safety under the Act on Korea Authority of Land and Infrastructure Safety (hereinafter referred to as the "Korea Authority of Land and Infrastructure Safety") may request the relevant management authority to allow the inspection of documents related to the designing, construction, and supervision of construction of the relevant establishment or to issue copies of such documents, if necessary for conducting a safety inspection, full safety examination, or emergency safety inspection (hereinafter referred to as "safety inspection or examination") or for performing maintenance works; provided, such documents about an establishment may be inspected with consent of the relevant management authority or related agency, if necessary to keep relevant information confidential for national defense or security. <Amended on Jun. 9, 2020; Jan. 16, 2024>

(2) Any of the following persons may request the Minister of Land, Infrastructure and Transport to allow the inspection of relevant documents about an establishment, including design documents and the establishment management register, if necessary for the safety and maintenance of the establishment: <Amended on Jun. 9, 2020; Jan. 16, 2024>

1. The head of any related administrative agency;

2. An institution specializing in safety examinations, institution specializing in safety inspections, the Korea Authority of Land and Infrastructure Safety, or constructor;

3. A central committee for investigating an accident involving an establishment or a committee for investigating an accident involving an establishment under Article 58(4) or (5).

(3) Upon receiving a request for inspection of documents or issuing copies of documents under paragraph (1) or (2), the relevant management authority or the Minister of Land, Infrastructure and Transport shall comply with such request unless there is a compelling reason not to do so.

(4) The scope of relevant documents to be inspected under paragraphs (1) and (2), the procedure and methods for inspection, and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 11(Safety inspections) #

(1) Every management authority shall conduct safety inspections regularly to maintain the safety and functions of the establishment under its management; provided, the head of a relevant Si/Gun/Gu shall conduct safety inspections of any establishment prescribed in the proviso to Article 6(1).

(2) A management authority who shall conduct the final full safety inspection before the end of the defect warranty period (referring to the defect warranty period for the essential sections specified by Presidential Decree, among all sections of an establishment, if sections of the establishment have different defect warranty periods) shall request an institution specializing in safety examinations or the Korea Authority of Land and Infrastructure Safety to conduct the full safety inspection on its behalf. <Amended on Jun. 9, 2020>

(3) If a private management authority becomes unable to conduct a safety inspection due to a default of payment resulting from inability to pay bills or checks or other cause or event, the head of a relevant Si/Gun/Gu may conduct the safety inspection on behalf of the private management authority. In such cases, the head of the relevant Si/Gun/Gu may claim reimbursement by the private management authority for expenses incurred in the safety inspection.

(4) If a private management authority fails to reimburse the head of a Si/Gun/Gu for expenses incurred by the head of the Si/Gun/Gu in conducting a safety inspection on behalf of the private management authority, as claimed pursuant to paragraph (3), the head of the Si/Gun/Gu may collect such expenses in the same manner as delinquent local taxes are collected.

(5) Level of safety inspections for each class of establishment, the timing for conducting safety inspections, the procedure and methods for conducting safety inspections, qualifications for persons eligible to conduct safety inspections, and other matters necessary for conducting safety inspections, shall be prescribed by Presidential Decree.

Article 12(In-depth safety inspections) #

(1) Every management authority shall conduct full safety examinations for Class-I establishments and Class-II establishments prescribed by Presidential Decree regularly. <Amended on Dec. 3, 2024>

(2) A management authority shall conduct a full safety examination, if deemed necessary for preventing an accident or a disaster after conducting a safety inspection under Article 11 or an emergency safety inspection under Article 13. In such cases, the management authority shall commence the full safety examination within one year from the date a fact-finding report is submitted under Article 13(7) or Article 17(4).

(3) Each management authority shall conduct a full safety examination for establishments that have passed 30 years since completion of the construction work and meet all of the following requirements: <Added on Dec. 12, 2024>

1. Class-II establishments or Class-III establishments that have not undergone a full safety examination after 30 years have passed since completion of the construction work;

2. Where, as a result of the safety inspection, a safety grade prescribed by Presidential Decree is assigned among the safety grades assigned in accordance with Article 16.

(4) Where a management authority conducts a full safety examination of any establishment that has not undergone a seismic performance assessment, among establishments subject to seismic design requirements under Article 14(1) of the Act on the Preparation for Earthquakes and Volcanic Eruptions, it shall conduct a seismic performance assessment of the establishment as part of such full safety examination. <Amended on Dec. 3, 2024>

(5) If an evaluation of the findings of a full safety examination, including a seismic performance assessment, conducted in accordance with Article 18 reveals need for improvement of seismic performance, the Minister of Land, Infrastructure and Transport may recommend that the relevant management authority improve seismic performance of the relevant establishment. <Amended on Dec. 3, 2024>

(6) The timing for conducting full safety examinations, the procedure and methods for conducting full safety examinations, qualifications for persons eligible to conduct full safety examinations, and other matters necessary for conducting full safety examinations, shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2024>

Article 13(Conduct of emergency safety inspections) #

(1) When a management authority finds that an establishment is at risk of collapsing or falling, it shall conduct an emergency safety inspection.

(2) If the Minister of Land, Infrastructure and Transport or the head of any related administrative agency finds that the structure of an establishment is likely to seriously affect safe public use of the establishment, he or she may instruct public officials of the Ministry or agency to conduct an emergency safety inspection or may request the relevant management authority or the head of the relevant Si/Gun/Gu (limited to establishments prescribed in the proviso to Article 6(1)) to conduct an emergency safety inspection. In such cases, a person so requested shall comply with such request unless there is a compelling reason not to do so. <Amended on Jun. 9, 2020>

(3) Where the Minister of Land, Infrastructure and Transport or the head of any related administrative agency conducts an emergency safety inspection under paragraph (2), he or she may conduct the emergency safety inspection jointly with other related agencies or experts to increase the efficiency of the inspection.

(4) Any public official who conducts an emergency safety inspection under paragraph (2) may ask questions to interested persons, as necessary, or may inspect relevant documents, etc.

(5) Any public official who conducts an emergency safety inspection under paragraph (2) shall carry a certificate indicating his or her authority and present the certificate to interested persons.

(6) When the Minister of Land, Infrastructure and Transport or the head of any related administrative agency completes an emergency safety inspection under paragraph (2), he or she shall notify the relevant management authority of the findings; and may order the management authority to conduct a full safety examination and take other necessary measures, such as repair and reinforcement works, if he or she deems that such measures are necessary for ensuring the safety of the establishment.

(7) When a management authority or the head of any related administrative agency completes an emergency safety inspection under paragraph (1) or (2), the management authority or the head of the administrative agency shall submit a fact-finding report to the Minister of Land, Infrastructure and Transport. Article 6(4) through (7) shall apply mutatis mutandis where the management authority submits fact-finding reports.

(8) The procedure and methods for conducting emergency safety inspections, qualifications for persons eligible to conduct emergency safety inspections, and other matters necessary for conducting emergency safety inspections shall be prescribed by Presidential Decree.

Article 17(Reporting of findings of safety inspections and full safety examinations) #

(1) Any person who has conducted a safety inspection under Article 11 or a full safety examination under Article 12 shall prepare a fact-finding report on such inspection or examination, as prescribed by Presidential Decree, and shall forward the report to a relevant management authority and the head of a relevant Si/Gun/Gu (limited to cases of the proviso to Article 11(1) and Article 11(3); hereafter, the same shall apply in this Article and Article 18).

(2) A person who prepares a fact-finding report under paragraph (1) on a safety inspection or full safety examination conducted by the person shall observe the following rules:

1. The person shall not prepare a fact-finding report on the safety inspection or full safety examination by copying a fact-finding report on other safety inspection or full safety examination;

2. The person shall not prepare a false or poor fact-finding report on the safety inspection or full safety examination or false or poor data on which such report is based;

3. The person shall retain the fact-finding report on the safety inspection or full safety examination and the data on which such report is based for the period specified by Decree of the Ministry of Land, Infrastructure and Transport.

(3) Detailed criteria for identifying copied, false, or poor reports referred to in paragraph (2)1 and 2 shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(4) A management authority and the head of a relevant Si/Gun/Gu shall submit a fact-finding report on a safety inspection or full safety examination under paragraph (1) to the Minister of Land, Infrastructure and Transport. In such cases, Article 6(4) through (7) shall apply mutatis mutandis to the procedure for submitting reports.

(5) Where a management authority or the head of a Si/Gun/Gu fails to submit a fact-finding report pursuant to paragraph (4), the Minister of Land, Infrastructure and Transport may order it to submit the result report within a specified period. <Added on Aug. 20, 2019>

(6) The method for forwarding reports under paragraph (1), the timing and methods for submitting reports under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree. <Amended on Aug. 20, 2019>

Article 18(Evaluation of findings of full safety inspections or full safety examinations) #

(1) Upon receiving a fact-finding report on a full safety inspection or full safety examination pursuant to Article 17(4), the Minister of Land, Infrastructure and Transport may evaluate findings of the full safety inspection or full safety examination, to improve the technique for full safety inspections or full safety examinations and to prevent poor inspections or examinations.

(2) The Minister of Land, Infrastructure and Transport may request a management authority, the head of a Si/Gun/Gu, the Korea Authority of Land and Infrastructure Safety, an institution specializing in safety examinations, or an institution specializing in safety inspections to submit data necessary for the evaluation under paragraph (1). In such cases, a person requested to submit data shall comply with such request unless there is a compelling reason not to do so. <Amended on Jun. 9, 2020; Jan. 16, 2024>

(3) Where the findings of a full safety inspection or full safety examination conducted pursuant to paragraph (1) turn out to be inappropriate, such as poor performance, the Minister of Land, Infrastructure and Transport shall notify the relevant management authority or the head of the relevant Si/Gun/Gu thereof; and the management authority or the head of the relevant Si/Gun/Gu shall submit to the Minister of Land, Infrastructure and Transport the report after correcting or supplementing it, as prescribed by Presidential Decree; provided, if a person who vicariously conducts a full safety inspection or full safety examination under Article 26(1) or (2), such person shall correct or supplement the relevant report and submit it to the Minister of Land, Infrastructure and Transport. <Added on Aug. 20, 2019>

(4) Where a management authority, the head of a Si/Gun/Gu, or a person who vicariously conducts a full safety inspection or full safety examination fails to submit a modified or supplemented fact-finding report pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport may order him or her to submit it within a specified period. <Added on Aug. 20, 2019>

(5) Where the Minister of Land, Infrastructure and Transport deems it necessary after evaluating the findings of a full safety inspection or full safety examination pursuant to paragraph (1) (excluding where it is found that the findings are inappropriate as prescribed in paragraph (3)), he or she may request the relevant management authority or the head of the relevant Si/Gun/Gu to correct or supplement the relevant report on findings. <Amended on Aug. 20, 2019>

(6) Necessary matters relating to the details of, procedures and methods for evaluations under paragraph (1) shall be determined by Presidential Decree. <Amended on Aug. 20, 2019>

Article 19(Safety inspections or examinations of vulnerable small establishments) #

(1) Upon receiving a request from the manager or owner of any of the establishments specified by Presidential Decree (hereinafter referred to as "vulnerable small establishment"), such as a social welfare establishment deemed vulnerable to safety risks or at risk of disaster, among establishments not specified in the subparagraphs of Article 7, or from the head of any related administrative agency, the Minister of Land, Infrastructure and Transport may conduct a safety inspection or examination.

(2) Upon receiving a request under paragraph (1), the Minister of Land, Infrastructure and Transport shall conduct a safety inspection or examination of the vulnerable small establishment and shall notify the manager or owner of the small establishment or the head of the related administrative agency of findings and information necessary for safety measures.

(3) Upon receipt of the notification under paragraph (2), the manager or owner of the vulnerable small establishment or the head of the related administrative agency shall submit a plan for repair or reinforcement measures necessary for such measures, to the head of the following relevant administrative agency and endeavor to implement the plan in good faith: <Amended on Aug. 20, 2019>

1. If a person who is responsible for the management of vulnerable small facilities in accordance with a management contract, etc. concluded with the owner of such small vulnerable facilities or the owner of such small vulnerable facilities in accordance with the related statutes (hereinafter referred to as "manager of small vulnerable facilities") is an agency affiliated with the central administrative agency or is under the supervision of the said agency, the head of the competent central administrative agency;

2. If the manager of a small vulnerable facility belongs to the Mayor/Do Governor or is an institution under supervision, the Mayor/Do Governor belongs;

3. The head of the competent Si/Gun/Gu in the case of the manager of other small-scale vulnerable facilities.

(4) The head of a Si/Gun/Gu who has received a remuneration/reinforcement action plan submitted pursuant to paragraph (3) shall report the submitted data to the competent Mayor/Do Governor (excluding a Self-Governing City Mayor or Special Self-Governing Province Governor), as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Aug. 20, 2019>

(5) Upon receipt of a plan for measures for repair or reinforcement under paragraphs (3) and (4), the head of a central administrative agency and a Mayor/Do Governor shall verify the plan and submit data related to the plan for measures for repair or reinforcement to the Minister of Land, Infrastructure and Transport. <Added on Aug. 20, 2019>

(6) The head of the relevant administrative agency falling under each subparagraph of paragraph (3) shall formulate a plan for the safety inspection and management of vulnerable small establishments, including matters prescribed by Presidential Decree, such as the current status of vulnerable small establishments, every year for the systematic safety management of vulnerable small establishments in his or her jurisdiction. <Added on Aug. 20, 2019>

(7) The head of a Si/Gun/Gu who has established a safety inspection and management plan pursuant to paragraph (6) shall report the establishment data to the competent Mayor/Do Governor (excluding a Self-Governing City Mayor or Special Self-Governing Province Governor) as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Aug. 20, 2019>

(8) Upon formulating a safety inspection and management plan or receiving a report thereon under paragraph (6) and (7), the head of a central administrative agency or a Mayor/Do Governor shall verify the details thereof and submit data related to the safety inspection and management plan to the Minister of Land, Infrastructure and Transport. <Added on Aug. 20, 2019>

(9) The Minister of Land, Infrastructure and Transport or the head of any related administrative agency may provide educational programs for the safety and maintenance of vulnerable small establishments to the managers, owners, etc. of vulnerable small establishments, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 20, 2019>

(10) The methods and procedures for conducting safety inspections or examinations under paragraph (1) and (2), and the preparation and submission of plans for repair and reinforcement or plans for safety inspections and management under paragraphs (3) through (8), and other necessary matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 20, 2019>

Article 23(Emergency safety measures) #

(1) The management authority shall take safety measures such as restrictions on use, prohibition of use, removal of establishments, and evacuation of residents when it is deemed that urgent measures are necessary because the impact on the safe use of the public due to the structure of the establishment, such as being notified of significant defect, etc. or being assigned a safety grade prescribed by Presidential Decree among the safety grades assigned in accordance with Article 16. <Amended on Aug. 20, 2019; Dec. 3, 2024>

(2) If the head of a Si/Gun/Gu deems it necessary to take emergency measures because significant defect, etc. in the structure of an establishment will seriously affect safe public use after being notified of significant defect, etc. in the establishment pursuant to Article 22(1), the head of the Si/Gun/Gu may order the relevant management authority to take safety measures, such as restricting or prohibiting the use of the establishment, removing the establishment, and evacuating residents. In such cases, the management authority shall perform safety measures promptly according to the order. <Amended on Aug. 20, 2019>

(3) When a management authority restricts the use of an establishment and takes other measures pursuant to paragraph (1) or (2), it shall notify the head of a related administrative agency and the Minister of Land, Infrastructure and Transport of the measures immediately; and upon receiving such notification, the head of the related administrative agency shall publicly announce such measures.

(4) If a person ordered to take safety measures under paragraph (2) fails to comply with an order to take measures, the head of a relevant Si/Gun/Gu may take safety measures on behalf of such person. The Administrative Vicarious Execution Act shall apply mutatis mutandis to such cases.

(5) To take safety measures under paragraph (4), the head of a Si/Gun/Gu shall give written notice of the measures to a relevant management authority in advance; provided, such written notice may be given after taking safety measures in an emergency or if it is impossible to give written notice.

Article 27(Restriction on subcontracting) #

(1) No institution specializing in safety examinations, institution specializing in safety inspections, or the Korea Authority of Land and Infrastructure Safety, to whom a contract for a safety inspection, etc. is awarded by a management authority, shall subcontract the safety inspection, etc. to any third party; provided, in any of the cases prescribed by Presidential Decree, such as where any special technology is required to the extent not exceeding 50/100 of the total contract price, a subcontract for a specific field of works may be awarded only once. <Amended on Jun. 9, 2020; Jan. 16, 2024>

(2) Any person who awards a subcontract pursuant to the proviso to paragraph (1) shall notify the management authority of the subcontract, as prescribed by Presidential Decree.

(3) If a management authority has a reasonable ground to suspect that an institution specializing in safety examinations, an institution specializing in safety inspections, or the Korea Authority of Land and Infrastructure Safety has subcontracted a certain work to a third party in violation of paragraph (1), it may request any of the following persons to conduct a fact-finding investigation: <Amended on Jun. 9, 2020; Jan. 16, 2024>

1. In cases of an institution specializing in safety examinations and an institution specializing in safety inspections: A Mayor/Do Governor;

2. Deleted; <Jan. 16, 2024>

3. In cases of the Korea Authority of Land and Infrastructure Safety: The Minister of Land, Infrastructure and Transport.

(4) Upon receiving a request under paragraph (3), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall conduct a fact-finding investigation, as necessary, and shall notify a relevant management authority of his or her findings.

(5) If the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor finds that a contractor has subcontracted a certain work to a third party in violation of paragraph (1) after conducting an investigation under paragraph (4), he or she shall take any of the actions specified in Article 31, request the competent authority to take any of such actions, or take other necessary measures.

(6) If deemed necessary for conducting a fact-finding investigation under paragraph (4), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may request an institution specializing in safety examinations, an institution specializing in safety inspections, the Korea Authority of Land and Infrastructure Safety, and other interested persons to submit documents, as necessary, and may instruct public officials under his or her jurisdiction to enter the office or place of business thereof to inspect books of account, documents, or other materials or articles. <Amended on Jun. 9, 2020; Jan. 16, 2024>

Article 28(Registration of institutions specializing in safety examinations) #

(1) Any person outsourced to conduct safety inspections, etc. of establishments or to assess the performance of establishments shall meet the standards for registration prescribed by Presidential Decree for each category, such as technical personnel and equipment, and shall register his or her business as an institution specializing in safety examinations with the competent Mayor/Do Governor.

(2) The Mayor/Do Governor shall issue a certificate of registration upon registering an institution specializing in safety examinations pursuant to paragraph (1).

(3) When any of the registered matters specified by Presidential Decree changes, a relevant institution specializing in safety examinations shall report the change to the competent Mayor/Do Governor within 30 days from the date of such change.

(4) A Mayor/Do Governor in receipt of a report prescribed in paragraph (3) shall review the details thereof and if it is in compliance with this Act, accept the report. <Added on Oct. 20, 2020>

(5) If an institution specializing in safety examinations loses its certificate of registration issued under paragraph (2) or if such certificate is defaced, the institution may apply for reissue of the certificate. <Amended on Oct. 20, 2020>

(6) When an institution specializing in safety examinations intends to temporarily close its business for at least one year, resume its business, or permanently close its business, it shall file a report thereon with the competent Mayor/Do Governor. <Amended on Oct. 20, 2020>

(7) Upon receipt of a report on closure of business in accordance with paragraph (6), the competent Mayor/Do Governor shall cancel the relevant registration. <Amended on Oct. 20, 2020>

(8) When a Mayor/Do Governor registers an institution specializing in safety examinations or receives a report of change in registered matters from an institution specializing in safety examinations under paragraph (1), (3), (4) or (6), or when a report of temporary closure, reopening, or closure of business is received from an institution specializing in safety examinations, the Mayor/Do Governor shall notify the Minister of Land, Infrastructure and Transport of such registration or report. <Amended on Oct. 20, 2020>

(9) Matters necessary for registering institutions specializing in safety examinations, issuing certificates of registration, reporting changes in registered matters and delivering certificates of registration under paragraphs (1) through (5), and the methods, procedure, etc. for filing reports under paragraph (6), shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Oct. 20, 2020>

Article 31(Revocation of registration) #

(1) Where an institution specializing in safety examinations or institution specializing in safety inspections falls under any of the following, the Mayor/Do Governor may revoke the registration thereof or order it to suspend its business within a specified period not exceeding 1 year; provided, where it falls under subparagraphs 1 through 3,10,11, or 17, the Mayor/Do Governor shall revoke the registration thereof: <Amended on Oct. 20, 2020; Jan. 16, 2024>

1. Where it files for registration by fraud or other improper means;

2. Where it performs an act falling under the suspension of business again though it has been subject to the suspension of business twice within the last 2 years;

3. Where it concludes a new agency contract for a safety inspection, etc. or performance assessment during a period of suspension of business after the person is ordered to suspend business;

4. Where it has no records of a safety inspection, etc. or performance assessment without good cause for at least the last 3 years [(excluding the period of temporary closure reported in accordance with Article 28(6) (including cases applied mutatis mutandis in Article 28-2(2)) in calculating the period);

5. Where the Minister of Land, Infrastructure and Transport evaluates the findings of a full safety inspection or full safety examination conducted in accordance with Article 18 as poor performance of its duties, such as conducting a false safety inspection by intention or negligence;

6. Where it fails to conduct a safety inspection, etc. in good faith, in violation of Article 20(1), thereby causing serious damage to an establishment or serious defects to its structure;

7. Where it violates the scope of safety inspections, etc. under Article 20(2);

8. Where it subcontracts a safety inspection, etc., in violation of Article 27;

9. Where it fails to meet standards for registration under Article 28(1) or 28-2(1); provided, this shall not apply to cases prescribed by Presidential Decree, such as cases where it fails to meet standards for registration temporarily;

10. Where it falls under any of the subparagraphs of Article 29 (including cases applied mutatis mutandis in Article 28-2(2); hereafter in this subparagraph the same shall apply); provided, this shall not apply where a corporation falling under subparagraph 6 of Article 29 appoints an executive officer replacing another within 6 months;

11. Where it allows another person to use its name or trade name or lends its registration certificate to another person, in violation of Article 30 (including cases applied mutatis mutandis in Article 28-2(2));

12. Where a new reason falling under an order to take corrective action arises after it has received an order to take corrective action twice under Article 35 for the last 2 years;

13. Where it fails to conduct a performance assessment in good faith, in violation of Article 42(1), thereby causing serious damage to an establishment or serious defects to its structure;

14. Where it allows a person, other than those qualified to conduct a safety inspection under Article 11, a full safety examination under Article 12, an emergency safety inspection under Article 13, or a performance assessment under Article 40 (hereafter referred to as "technician" in this Article), to conduct a safety inspection, etc. or performance assessment;

15. Where it allows a technician who is not its executive officer or employee to conduct a safety inspection, etc. or performance assessment which the technician under its jurisdiction shall conduct;

16. Where another administrative agency requests the Mayor/Do Governor to order suspension of business, etc. in accordance with relevant statutes or regulations;

17. When the Minister of Land, Infrastructure and Transport, the head of the competent administrative agency, or the head of a local government confirms the fact of its closure of business.

(2) Deleted. <Jan. 16, 2024>

(3) Where a constructor fails to perform maintenance works in good faith, in violation of Article 42(1), thereby causing serious damage to establishments, the Minister of Land, Infrastructure and Transport or the relevant Mayor/Do Governor may request the suspension of business or the cancelation of registration in accordance with subparagraph 11 of Article 83 of the Framework Act on the Construction Industry. <Added on Jan. 16, 2024>

(4) Upon receipt of a request to suspend business or cancel registration under paragraph (3), the head of a relevant administrative agency shall notify the Minister of Land, Infrastructure and Transport or the relevant Mayor/Do Governor of the results of such measures. <Amended on Jan. 16, 2024>

(5) Detailed standards for administrative measures under paragraph (1) shall be prescribed by Presidential Decree in consideration of a reason for such measure, the level of the violation, etc. <Amended on Jan. 16, 2024>

Article 36(Management of records of safety inspections or performance assessments) #

(1) Upon completion of a safety inspection, etc. or performance assessment, an institution specializing in safety examinations or institution specializing in safety inspections shall submit records of the findings of such safety inspection, etc. or performance assessment verified by the relevant management authority, etc. to the Minister of Land, Infrastructure and Transport via the head of the following administrative agencies: <Amended on Jan. 16, 2024>

1. If the management authority is an agency affiliated with a central administrative agency or a public management authority supervised by a central administrative agency: The head of the relevant central administrative agency;

2. If the management authority is any public management authority other than those referred to in subparagraph 1: The competent Mayor/Do Governor;

3. If the management authority is a private management authority: The head of the relevant Si/Gun/Gu or the competent Mayor/Do Governor.

(2) A Mayor/Do Governor shall report the status of administrative dispositions taken against institutions specializing in safety examinations or institutions specializing in safety inspections, such as suspension of business, to the Minister of Land, Infrastructure and Transport each year. <Amended on Jan. 16, 2024>

(3) The Minister of Land, Infrastructure and Transport shall manage records of safety inspections, etc. or performance assessments submitted in accordance with paragraph (1) and may issue a certificate of performance of safety inspections, etc. or performance assessments upon request of an institution specializing in safety examinations or institution specializing in safety inspections. <Amended on Jan. 16, 2024>

(4) The Minister of Land, Infrastructure and Transport may disclose the status of institutions specializing in safety examinations and institutions specializing in safety inspections and the performance records submitted under paragraph (1) to the public to enable the management authorities to select persons competent in conducting safety inspections, etc. or performance assessments. <Amended on Jan. 16, 2024>

(5) Matters necessary for submitting performance records under paragraphs (1) through (4), reporting the status of administrative actions, and issuing certificates of performance, the scope of performance records to be disclosed, the methods and procedures for such disclosure, and other related matters, shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 55(Building and operation of integrated information management system for establishments) #

(1) To systematically manage information about the safety and maintenance of establishments, the Minister of Land, Infrastructure and Transport shall build and operate an integrated information management system for establishments, which includes the following: <Amended on Aug. 14, 2018; Jan. 16, 2024>

1. The master plans and establishment management plans under Articles 5 and 6;

2. Relevant documents, such as design documents and establishment management registers under Article 9;

3. Details of the notice of approval of completion or use of establishments under Article 9(8);

4. Fact-finding reports on safety inspections and full safety examinations under Article 17;

5. Evaluation of findings of full safety inspections or full safety examinations under Article 18;

6. Details of emergency safety measures, such as restriction on use under Article 23;

7. Repair and reinforcement of establishments under Article 24;

8. Matters concerning the registration of an institution specializing in safety examinations, reporting on modification of registered matters, reporting on temporary closure, reopening, or closure of business, cancellation of registration, suspension of business, or imposition of corrective orders or administrative fines under Articles 28,31(1),35, and 67;

9. Matters concerning the registration of an institution specializing in safety inspections, reporting on modification of registered matters, reporting on temporary closure, reopening, or closure of business, cancellation of registration, suspension of business, or imposition of corrective orders or administrative fines under Articles 28-2,31(1),35, and 67;

10. Performance of safety inspections, etc. or performance assessments under Article 36;

11. Fact-finding reports on performance assessments under Article 40;

12. Reports on results of maintenance under Article 41;

13. Other matters specified by Decree of the Ministry of Land, Infrastructure and Transport relating to the safety and maintenance of establishments.

(2) Matters necessary for building and operating the integrated information management system for establishments referred to in paragraph (1) shall be prescribed by Presidential Decree.

(3) Every management authority may build and operate an information system to systematically manage information on the safety and maintenance of establishments under its management. In such cases, the information system may be linked to the integrated information management system for establishments referred to in paragraph (1).

(4) The Minister of Land, Infrastructure and Transport may establish and operate an information system to systematically manage information on safety management of vulnerable small facilities. In such cases, the information system may be linked to the integrated information management system for operation referred to in paragraph (1). <Added on Aug. 20, 2019>

Article 58(Investigations of accidents) #

(1) Every management authority shall take emergency safety measures, without delay, when an accident occurs at an establishment under its management; a public management authority shall report an accident of a scale equivalent to or greater than that prescribed by Presidential Decree to the head of the responsible administrative agency or the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu; and a private management authority shall report an accident to the head of the competent Si/Gun/Gu.

(2) Upon receiving notice of an accident under paragraph (1), the head of the responsible administrative agency, the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu shall notify the Minister of Land, Infrastructure and Transport of such accident.

(3) Upon receiving notice of an accident under paragraph (1) or (2), the Minister of Land, Infrastructure and Transport, the head of a central administrative agency, or the head of a local government may investigate the causes, etc. of the accident.

(4) The Minister of Land, Infrastructure and Transport may organize and operate a central committee for investigating an accident involving an establishment if deemed necessary to investigate an accident that has caused a greater loss than that prescribed by Presidential Decree to an establishment.

(5) The head of a central administrative agency or the head of a local government may organize and operate a committee for investigating an accident involving an establishment if deemed necessary to investigate an accident, such as collapsing and destruction, at an establishment of a management authority guided and supervised by the administrative agency or local government.

(6) Every management authority shall fully cooperate with the central committee for investigating an accident involving an establishment or a committee for investigating an accident involving an establishment under paragraph (4) or (5) by preserving the scene, submitting materials, providing related equipment, hearing opinions of persons involved, etc., as necessary for the investigation. <Amended on Aug. 20, 2019>

(7) When the head of a central administrative agency or the head of a local government completes an investigation into an accident under paragraph (5), he or she shall notify the Minister of Land, Infrastructure and Transport of the findings of the investigation, without delay. <Amended on Aug. 20, 2019>

(8) The Minister of Land, Infrastructure and Transport, the head of a central administrative agency, or the head of a local government shall publicly announce the findings of an investigation into an accident, conducted by the central committee for investigating the accident involving an establishment under paragraph (4) or by a committee for investigating the accident involving an establishment under paragraph (5). <Amended on Aug. 20, 2019>

(9) Matters necessary for organizing and operating the central committee for investigating an accident involving an establishment or a committee for investigating an accident involving an establishment under paragraph (4) or (5), the details of notice of the investigation into an accident under paragraph (7), the public announcement of findings under paragraph (8), and other necessary matters shall be prescribed by Presidential Decree.

Article 59(Inspection of actual status) #

(1) The Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency, or the head of a local government may inspect the actual status of the safety and maintenance of establishments and vulnerable small facilities. <Amended on Aug. 20, 2019>

(2) The head of a Si/Gun/Gu shall inspect the actual status of the safety and maintenance of establishments managed by private management authorities, including ascertaining whether such management authorities implement establishment management plans, at least once a year.

(3) The Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency, or the head of a local government may advise the head of a related administrative agency, a management authority, or other interested persons to take necessary measures or may request any of them to take corrective measures after conducting an inspection of actual status under paragraph (1). In such cases, a person so requested shall comply therewith unless there is a compelling reason not to do so.

(4) The Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency or the head of a local government may request the head of a related administrative agency, a management authority, or other interested persons to submit relevant materials, if deemed necessary for inspecting actual status under paragraph (1). In such cases, the person so requested shall comply therewith unless there is a compelling reason not to do so.

(5) If the Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency, or the head of a local government may conduct an on-site investigation jointly with related institutions and experts if deemed necessary to raise the efficiency of an inspection of actual status under paragraph (1).

(6) The Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency, or the head of a local government may publicly announce findings of an inspection of actual status, where necessary.

(7) Matters necessary for conducting inspections of actual status, including the specific scope of the establishments of which the Minister of Land, Infrastructure and Transport, the head of the responsible administrative agency, or the head of a local government may inspect actual status under paragraph (1), and for publicly announcing findings of such inspections under paragraph (6), shall be prescribed by Presidential Decree.

Article 60(Delegation and entrustment of authority) #

(1) Part of the authority of the Minister of Land, Infrastructure and Transport provided for in this Act may be delegated to each Mayor/Do Governor or the head of an agency affiliated with the Ministry, as prescribed by Presidential Decree.

(2) The following authority of the Minister of Land, Infrastructure and Transport under Act may be entrusted to the Korea Authority of Land and Infrastructure Safety or other institution or organization having human resources and equipment necessary for performing the entrusted affairs prescribed by Presidential Decree, as prescribed by Presidential Decree: <Amended on Aug. 20, 2019; Jun. 9, 2020; Mar. 16, 2021; Dec. 3, 2024>

1. Reviewing findings of seismic performance assessments of establishments and advising seismic reinforcement under Article 12(5);

2. Evaluating findings of full safety inspections or full safety examinations conducted under Article 18(1) or (2) and requesting relevant materials necessary for such evaluation;

3. Conducting safety inspections or examinations under Article 19(1),(2), or (9), giving notice of findings of such inspections or examinations and of matters necessary for safety measures, and providing educational programs for safety and maintenance;

4. Managing performance records and issuing certificates of performance under Article 36(3);

5. Establishment and operation of an integrated information management system for establishments and a small-scale vulnerable facility information system under Article 55(1) and (4);

6. Matters concerning the operation of the central committee for investigating an accident under Article 58(4);

(3) The institution entrusted with the authority to evaluate findings of full safety inspections or full safety examinations under paragraph (2)2 shall establish a committee for evaluating full safety inspections or full safety examinations to examine findings of such inspections and examinations to ensure fairness and expertise of its evaluation, as prescribed by Presidential Decree.

(4) The institution entrusted with the authority to issue certificates of performance under paragraph (2)4 may charge the applicant a fee not exceeding actual expenses when issuing a certificate of performance under Article 36(3).

Article 61-2(Charges for compelling compliance) #

(1) The Minister of Land, Infrastructure and Transport may impose a charge for compelling compliance on any of the following persons within the scope not exceeding one million won per month until the relevant order is complied with:

1. A person who fails to comply with the order within the implementation period after receiving an order under Article 9(5);

2. A person who fails to comply with the order within the implementation period after receiving an order under Article 17(5);

3. A person who fails to comply with the order within the implementation period after receiving an order under Article 18(4).

(2) Before imposing an enforcement fine under paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the relevant person of the imposition and collection thereof in writing.

(3) When imposing a charge for compelling compliance fee pursuant to each subparagraph of paragraph (1), the Minister of Land, Infrastructure and Transport shall provide a document stating in detail the amount of compelling compliance fee, the reason for the imposition, the deadline for payment, the receiving institution, the method of raising an objection, and the objection agency.

(4) The Minister of Land, Infrastructure and Transport shall immediately stop the imposition of the new compelling compliance fee if a person who has received a performance order pursuant to Article 9(5),17(5) or 18(4) comply with the order, but shall collect the compelling compliance fee already imposed.

(5) The Minister of Land, Infrastructure and Transport shall collect the compelling compliance fee in accordance with the example of disposition for arrears of national tax if a person who has been imposed for compelling compliance fee under paragraph (1) fails to pay the fee by the deadline.

(6) Matters concerning the imposition and collection of compelling compliance fees, procedures for raising objections, etc. shall be prescribed by Presidential Decree.

[This Article Added on Aug. 20, 2019]

Article 65(Penalty provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won: <Amended on Aug. 14, 2018; Jan. 16, 2024; Dec. 3, 2024>

1. Deleted; <Aug. 20, 2019>

1-2. Deleted; <Dec. 3, 2024>

2. A person who prepares a fact-finding report on a safety inspection or full safety examination by copying the fact-finding report on other safety inspection or full safety examination, in violation of Article 17(2)1 (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 40(5) or 41(2));

3. A person who prepares a false fact-finding report on a safety inspection or full safety examination or false data on which such report is based, in violation of Article 17(2)2 (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 40(5) or 41(2));

4. A person who fails to take safety measures or to comply with an order to take safety measures, in violation of Article 23(1) or (2);

5. A person (excluding the management authority of any of the establishments referred to in the proviso to Article 6(1)) who fails to take necessary measures, such as repair and reinforcement, or fails to take necessary measures and to comply with an order to take corrective measures, in violation of Article 24(1) or (2);

6. Deleted; <Dec. 3, 2024>

7. Deleted; <Dec. 3, 2027>

7-2. Deleted; <Dec. 3, 2024>

8. Deleted; <Dec. 3, 2028>

9. Deleted; <Dec. 3, 2024>

10. Deleted; <Dec. 3, 2024>

11. Deleted. <Dec. 3, 2024>

(2) Any of the following persons shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won. <Added on Dec. 3, 2024>

1. A person who fails to retain the documents under Article 9(6);

2. A person who subcontracts any work, in violation of Article 27(1);

3. A person who conducts a safety inspection, etc. or a performance assessment without being registered as an institution specializing in safety examinations under Article 28(1);

4. A person who is registered as an institution specializing in safety examinations under Article 28(1) by fraud or other improper means;

5. A person who fails to file for registration in accordance with Article 28-2(1) or conducts safety inspections or emergency safety inspections after applying for registration by fraud or other improper means;

6. A person who lends his or her name, etc. and a person who borrows his or her name, etc., in violation of Article 30 (including cases applied mutatis mutandis in Article 28-2(2));

7. A person who conducts a safety inspection, etc. or a performance assessment during a period of suspension of business after the person is ordered to suspend business under Article 31;

8. A person who divulges or steals confidential information which becomes known to him or her in the course of his or her duties, in violation of Article 61.

(3) Any of the following persons shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won: <Amended on Aug. 20, 2019; Dec. 3, 2024>

1. A person who fails to comply with the order requiring submission of the documents referred to in Article 9(5);

1-2. A person refuses, interferes with, or evades an emergency safety inspection conducted under Article 13(2);

1-3. A person who allows a person to falsely diagnose the safety status or to make a false or poor report on the results thereof, in violation of Article 26(3);

2. A person who fails to submit documents, submits false documents, or refuses, interferes with, or evades an investigation, in violation of Article 27(6) without just cause;

3. A person who refuses to submit materials or a report or refuses, interferes with, or evades an investigation, in violation of Article 34 without just cause;

4. A person who fails to take corrective orders pursuant to Article 35;

5. A person who refuses, interferes with, or evades an investigation into an accident conducted under Article 58;

6. A person who refuses, interferes with, or evades an inspection of actual status conducted under Article 59(1);

7. A person who fails to submit a document without just cause, or submits a false document, in violation of Article 59(4).

Article 67(Administrative fine) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 30 million won: <Amended on Dec. 3, 2024>

1. A person who fails to conduct a full safety examination under Article 12(1) through (3);

2. A person who fails to conduct an emergency safety inspection in accordance with Article 13(1).

3. A person who fails to conduct a performance assessment under Article 40(1).

(2) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Aug. 20, 2019; Dec. 3, 2024>

1. A person who fails to conduct a safety inspection in accordance with Article 11(1) (excluding where the head of a Si/Gun/Gu shall conduct an inspection in accordance with the proviso of Article 6(1);

2. A person who fails to conduct a seismic performance assessment in accordance with Article 12(4);

2-2. A person who fails to submit a fact-finding report on an emergency safety inspection in accordance with Article 13(7);

2-3. A person who fails to notify or submit a fact-finding report on a safety inspection or full safety examination in accordance with Article 17(1) or (4);

3. A person who prepares a poor fact-finding report on a safety inspection or full safety examination or poor data on which such report is based, in violation of Article 17(2)2 (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 40(5) or 41(2));

3-2. A person who fails to revise or supplement and submit the result report, in violation of Article 18(3);

4. A person who fails to report under Article 22(1) through (3);

5. A person who fails to install a danger sign or fails to inform residents that urgent repair and reinforcement works, etc. are required in accordance with Article 25(1);

6. A person who removes or destroys a warning sign, in violation of Article 25(3);

7. Deleted; <Dec. 3, 2027>

8. A person who fails to submit a fact-finding report on a performance assessment under Article 40(4).

(3) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Added on Dec. 3, 2024>

1. A person who fails to comply with a request to inspect documents or to issue copies thereof without good cause, in violation of Article 10(3);

2. A person who fails to submit relevant materials necessary for evaluating findings of a full safety inspection or full safety examination under Article 18(2) without good cause;

3. A person who fails to comply with a request for rectification without good cause, in violation of Article 59(3).

(4) Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: <Amended on Oct. 20, 2020; Jan. 16, 2024; Dec. 3, 2024>

1. A person who fails to formulate an establishment management plan or fails to report or submit an establishment management plan in accordance with Article 6(1),(4), or (5);

2. A person who fails to submit a document in accordance with Article 9(1),(2), or (4);

3. Deleted; <Dec. 3, 2024>

4. Deleted; <Dec. 3, 2024>

5. Deleted; <Aug. 20, 2019>

6. A person who fails to retain a fact-finding report on a safety inspection or full safety examination and the data on which such report is based, in violation of Article 17(2)3 (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 40(5) or 41(2));

7. Deleted; <Dec. 3, 2027>

8. A person who fails to give notice of restriction on use, etc., in violation of Article 23(3);

9. A person who fails to give notice of the results of measures taken, such as repair and reinforcement, in violation of Article 24(3);

10. A person who fails to give notice of subcontracting, in violation of Article 27(2);

11. A person who fails to file a report on modification of registered matters under Article 28(3) (including cases applied mutatis mutandis in Article 28-2(2) of the Act);

12. A person who fails to file a report on temporary closure, reopening, or closure of business under Article 28(6) (including cases applied mutatis mutandis in Article 28-2(2) of the Act);

13. A person who fails to notify the management authority with whom an agency contract for conducting a safety inspection, etc. or a performance assessment was entered into of the fact that his or her registration was revoked or that the person was ordered to suspend business, in violation of the latter part of Article 33(1);

14. A person who fails to submit records of findings of a safety inspection, etc. or a performance assessment or submits false records of such findings, in violation of Article 36(1);

15. A person who fails to file a report on transfer, merger, or inheritance of a business under Article 38 (including cases applied mutatis mutandis in Article 28-2(2) of the Act);

16. Deleted; <Dec. 3, 2024>

17. A person who fails to submit a fact-finding report on maintenance in accordance with Article 41(1);

18. Deleted; <Jun. 9, 2020>

19. Deleted. <Dec. 3, 2024>

(4) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu shall impose and collect administrative fines under paragraphs (1) through (4), as prescribed by Presidential Decree. <Amended on Dec. 3, 2024>

SPECIAL ACT ON THE SAFETY CONTROL AND MAINTENANCE OF ESTABLISHMENTS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State) #

Article 4(Relationship to other statutes) #

Article 5(Formulation and implementation of master plans for safety and maintenance of establishments) #

Article 6(Formulation and implementation of plans for safety and maintenance of establishments) #

Article 7(Types of establishments) #

Article 8(Designation of class-iii establishments) #

Article 9(Submission of design documents) #

Article 10(Inspection of design documents) #

Article 11(Safety inspections) #

Article 12(In-depth safety inspections) #

Article 13(Conduct of emergency safety inspections) #

Article 14(Judicial police power) #

Article 15(Assistance to local governments) #

Article 16(Determination of safety ratings of establishments) #

Article 17(Reporting of findings of safety inspections and full safety examinations) #

Article 18(Evaluation of findings of full safety inspections or full safety examinations) #

Article 19(Safety inspections or examinations of vulnerable small establishments) #

Article 20(Obligations of persons conducting safety inspections) #

Article 21(Guidelines for safety inspections) #

Article 21-2(Publication of lists of violators of matters to be observed in preparing reports on results) #

Article 22(Notification of critical defects in establishments) #

Article 23(Emergency safety measures) #

Article 24(Repair and reinforcement of establishments) #

Article 25(Installation of danger sign) #

Article 26(Outsourcing of safety inspections) #

Article 27(Restriction on subcontracting) #

Article 28(Registration of institutions specializing in safety examinations) #

Article 28-2(Registration of institutions specializing safety inspections) #

Article 29(Grounds for disqualification) #

Article 30(Prohibition from lending names) #

Article 31(Revocation of registration) #

Article 32(Hearings) #

Article 33(Business performance after administrative dispositions) #

Article 34(Reporting and inspection) #

Article 35(Corrective orders) #

Article 36(Management of records of safety inspections or performance assessments) #

Article 37(Basis for calculating expenses for safety inspections) #

Article 38(Transfer of business by institutions specializing in safety examinations) #

Article 38-2(Establishment of association) #

Article 38-3(Procedures for authorization on establishment of the association) #

Article 38-4(Application mutatis mutandis of the Civil Act) #

Article 39(Maintenance of establishments) #

Article 40(Performance assessment of establishments) #

Article 41(Reporting of results of maintenance) #

Article 42(Obligations of persons maintaining establishments or assessing performance of establishments) #

Article 43(Guidelines for maintenance and performance assessments) #

Article 44(Basis for calculating expenses for performance assessments) #

Article 45 #

Article 46 #

Article 47 #

Article 48 #

Article 49 #

Article 50 #

Article 51 #

Article 52 #

Article 53 #

Article 54 #

Article 55(Building and operation of integrated information management system for establishments) #

Article 55-2(Disclosure of information to secure safety of facilities) #

Article 56(Bearing of expenses) #

Article 57(Securing budget for safety and maintenance of establishments) #

Article 58(Investigations of accidents) #

Article 59(Inspection of actual status) #

Article 60(Delegation and entrustment of authority) #

Article 61(Duty of confidentiality) #

Article 61-2(Charges for compelling compliance) #

Article 62(Legal fiction as public officials for purposes of penalty provisions) #

Article 63(Penalty provisions) #

Article 64(Penalty provisions) #

Article 65(Penalty provisions) #

Article 66(Joint penalty provisions) #

Article 67(Administrative fine) #