INFORMATION AND COMMUNICATIONS CONSTRUCTION BUSINESS ACT

영문법령 불러오는 중…

INFORMATION AND COMMUNICATIONS CONSTRUCTION BUSINESS ACT — 법갈피

Article 8(Supervision) #

(1) Every project owner shall place orders for the construction supervision to service providers.

(2) Any service provider that has received an order to supervise construction pursuant to paragraph (1) shall have supervisors supervise the construction work. In such cases, criteria for placement in consideration of supervisors’ scope of work and the scales, types, etc. of construction works shall be prescribed by Presidential Decree. <Amended on Dec. 24, 2018>

(3) Where any service provider that has received an order to supervise construction pursuant to paragraph (1) places supervisors (including cases of replacing supervisors already placed; hereafter the same shall apply in this Article), he or she shall report the status of placement to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") after obtaining verification from the project owner. <Added on Dec. 24, 2018>

(4) Any person who intends to be recognized as a supervisor shall file an application for qualification with the Minister of Science and ICT as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018>

(5) When an applicant under paragraph (4) meets the supervisors' qualifications determined by Presidential Decree, the Minister of Science and ICT shall recognize him or her as a supervisor. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018>

(6) Where the Minister of Science and ICT recognizes an applicant under paragraph (4) as a supervisor, he or she shall issue a supervisor's license (hereinafter referred to as "license") to the supervisor. <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 24, 2018>

(7) No supervisor shall allow another person to conduct supervisor's duties in his or her name or lend his or her license to another person. <Amended on Dec. 24, 2018>

(8) The scope of construction work to be supervised pursuant to paragraph (1), the methods and procedures for reporting the status of placement of supervisors under paragraph (3), and other matters necessary for supervision shall be determined by Presidential Decree. <Amended on Dec. 24, 2018>

[This Article Wholly Amended on Mar. 25, 2009]

Article 17(Transfer of construction business) #

(1) In cases of falling under any of the following subparagraphs, any construction business operator shall report such fact to the Mayor/Do Governor concerned under the conditions prescribed by Presidential Decree; provided, in cases falling under subparagraph 3, a successor of the construction business operator shall report to the Mayor/Do Governor: <Amended on Dec. 24, 2018>

1. Where he or she intends to transfer his or her construction business (including cases where a corporation which is a construction business operator transfers its construction business to a corporation to be established or to survive the merger or division-merger; hereinafter the same shall apply);

2. Where corporations that are construction business operators intend to merge with one another or where a corporation that is a construction business operator and a corporation that is not a construction business operator intend to merge with each other;

3. Where he or she succeeds to a construction business due to the death of the construction business operator.

(2) When a report is accepted on the transfer of a construction business as referred to in paragraph (1), the person that acquires the construction business shall succeed to the status of the person transferring the construction business as a construction business operator; and when a report is accepted on the merger of corporations, the corporation to be established or to survive the merger shall succeed to the status of the corporation that ceases to exist as a construction business operator; and when a report on succession is accepted, the successor shall succeed to the status of the deceased person as a construction business operator. <Amended on Dec. 24, 2018>

(3) Where the successor files a report under the proviso, with the exception of the subparagraphs, of paragraph (1) said successor shall be deemed registered as a construction business operator during the period from the death of the decedent until the report is accepted. <Added on Dec. 24, 2018>

(4) Articles 15 and 16 shall apply mutatis mutandis to the report referred to in paragraph (1). <Amended on Dec. 24, 2018>

[This Article Wholly Amended on Mar. 25, 2009]

Article 27(Management of information on construction business) #

(1) The Minister of Science and ICT shall manage the information on construction business, including the supply and demand of materials and manpower which are necessary for construction, as well as on the construction business operator, in terms of his or her performance by project type, capital, technological capability, etc., in an integrated manner. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(2) The Minister of Science and ICT shall, upon receipt of an application from a construction business operator, assess and publish the construction business operator's ability to perform projects, based on his or her records of construction work, capital, technological capability, reliability of quality of work, level of quality control, etc., as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(3) Any construction business operator that applies for the performance capability assessment referred to in paragraph (2) shall submit documents on records of construction work, capital, and other matters determined by Presidential Decree to the Minister of Science and ICT as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(4) The Minister of Science and ICT may, when a project owner, etc. requests for the provision of the information managed in an integrated manner pursuant to paragraph (1), provide the relevant information. <Amended on Mar. 23, 2013; Jul. 26, 2017>

(5) The details of information that can be offered pursuant to paragraph (4), the method of and procedure for the provision thereof, and other necessary matters shall be determined by Presidential Decree.

(6) The Minister of Science and ICT may establish and operate an information management system (hereinafter referred to as "information management system") in order to effectively manage matters prescribed in paragraphs (1) through (4). <Added on Dec. 24, 2018>

[This Article Wholly Amended on Mar. 25, 2009]

Article 37-4(Entrustment of maintenance, etc. and appointment of maintenance manager) #

(1) A management entity may entrust a construction business operator with business affairs regarding maintenance, etc. of information and communications facilities.

(2) A management entity shall appoint a maintenance manager for information and communications facilities, as prescribed by Decree of the Ministry of Science and ICT; provided, it shall be deemed that a maintenance manager for information and communications facilities has already been appointed if business affairs regarding maintenance, etc. of information communications facilities are entrusted pursuant to paragraph (1).

(3) Where a management entity appoints or dismisses a maintenance manager for information and communications facilities, the entity shall file a report on such fact without delay with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Decree of the Ministry of Science and ICT. The same shall also apply to any change in the reported matters prescribed by Decree of the Ministry of Science and ICT.

(4) Where a person who has filed a report on the appointment of a maintenance manager for information communications facilities pursuant to paragraph (3) requests the issuance of a certificate on the submission of an appointment report, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue such certificate, as prescribed by Decree of the Ministry of Science and ICT.

(5) A person who has filed a report on the dismissal of a maintenance manager for information communications facilities pursuant to paragraph (3) shall appoint a new maintenance manager for information communications facilities within 30 days from the date of such dismissal.

(6) Qualifications criteria for a maintenance manager for information communications facilities, procedures for the appointment thereof, and other necessary matters shall be prescribed by Presidential Decree.

[This Article Added on Jul. 18, 2023]

Article 66(Suspension of business and cancellation of registration) #

① 시ㆍ도지사는 공사업자가 다음 각 호의 어느 하나에 해당하게 되면 1년 이내의 기간을 정하여 영업정지를 명하거나 등록취소를 할 수 있다. 다만, 제1호ㆍ제5호ㆍ제7호ㆍ제13호 또는 제15호에 해당하는 경우에는 등록취소를 하여야 한다. 〈개정 2012. 1. 17., 2014. 5. 28., 2014. 12. 30., 2015. 12. 22., 2018. 2. 21., 2018. 12. 31., 2020. 12. 22.〉

1. 부정한 방법으로 제14조제1항에 따른 공사업의 등록을 한 경우

2. 삭제 <2014. 12. 30.>

3. 삭제 <2014. 12. 30.>

4. 제15조에 따른 등록기준에 미달하게 된 경우. 다만, 「채무자 회생 및 파산에 관한 법률」에 따라 법원이 회생절차개시의 결정을 하고 그 절차가 진행 중이거나 일시적으로 등록기준에 미달하는 등 대통령령으로 정하는 경우는 예외로 한다.

5. 공사업자가 제16조 각 호의 어느 하나에 해당하게 된 경우. 다만, 같은 조 제7호에 해당하는 법인의 경우에는 그 사유가 있음을 안 날부터 3개월 이내에 그 임원을 바꾸어 선임한 경우와 피상속인인 공사업자가 사망한 날부터 3개월 이내에 상속인이 해당 공사업을 타인에게 양도한 경우에는 그러하지 아니하다.

6. 제23조제1항에 따른 신고를 거짓으로 한 경우

7. 제24조를 위반하여 타인에게 등록증이나 등록수첩을 빌려 주거나 타인의 등록증이나 등록수첩을 빌려서 사용한 경우

8. 제27조제3항을 위반하여 공사실적, 자본금, 그 밖에 대통령령으로 정하는 사항에 관한 서류를 거짓으로 제출한 경우

9. 삭제 <2018. 2. 21.>

10. 삭제 <2018. 2. 21.>

11. 제65조에 따른 시정명령 또는 지시를 위반한 경우

11의2. 제65조제2호ㆍ제4호 또는 제5호 중 어느 하나에 해당하는 경우로서 해당 공사가 완료되어 같은 조에 따른 시정명령 또는 지시를 명할 수 없게 된 경우

12. 삭제 <2018. 2. 21.>

13. 영업정지처분을 위반하거나 최근 5년간 3회 이상 영업정지처분을 받은 경우

14. 다른 법령에 따라 국가 또는 지방자치단체가 영업정지와 등록취소를 요구한 경우

15. 공사업자가 「부가가치세법」 제8조제8항에 따라 관할 세무서장에게 폐업신고를 하거나 같은 조 제9항에 따라 관할 세무서장이 사업자등록을 말소한 경우

② 시ㆍ도지사는 제1항제15호에 따른 폐업신고 또는 사업자등록 말소(이하 이 조에서 "폐업등"이라 한다) 사실을 확인하기 위하여 관할 세무서장에게 공사업자의 폐업등에 관한 정보의 제공을 요청할 수 있다. 이 경우 시ㆍ도지사는 폐업등 사실을 확인하기 위하여 필요하면 「전자정부법」 제36조제1항에 따라 행정정보를 공동이용할 수 있다. 〈신설 2018. 2. 21.〉

③ 제1항에 따라 행정처분을 하는 경우 위반행위의 종류 및 위반 정도 등에 따른 행정처분의 기준 등에 필요한 사항은 대통령령으로 정한다. 〈신설 2018. 2. 21.〉

[This Article Wholly Amended on Mar. 25, 2009]

[Title Amended on Feb. 21, 2018]

Article 69(Delegationand entrustment of authority) #

(1) Part of the authority of the Minister of Science and ICT under this Act may be delegated to the heads of the institutions under its control, as prescribed by Presidential Decree. <Amended on Jan. 17, 2012; Mar. 23, 2013; Jul. 26, 2017>

(2) The Minister of Science and ICT or a Mayor/Do Governor may entrust the following affairs under this Act to the Association, as prescribed by Presidential Decree: <Amended on Jan. 17, 2012; Mar. 23, 2013; Jul. 26, 2017; Dec. 31, 2018>

1. Affairs concerning the receipt of applications for recognition, recognition, and issuance and management of licenses of supervisors under Article 8 (4) through (6);

1-2. Affairs concerning the receipt of applications for registration of construction business pursuant to Article 14 (1);

1-3. Deleted. <Dec. 30, 2014>

1-4. Affairs concerning the receipt of reports on the transfer, merger, or succession of construction business pursuant to Article 17 (1);

2. Affairs concerning reports under Article 23 (1);

3. Affairs concerning the integrated management of information, assessment and publication of performance of construction works, provision of information, and the establishment and operation of an information management system under Article 27;

4. Affairs concerning the receipt of applications for recognition, recognition, and issuance and management of career pocket books of information and communications engineers under Article 39 (1) through (3);

5. Affairs concerning the cancellation of recognition of supervisors under Article 64-2;

6. Affairs concerning the cancellation of recognition of information and communications engineers under Article 68-2;

7. Affairs concerning hearings under subparagraphs 1 and 3 of Article 68-3.

(3) The Minister of Science and ICT may entrust the Association or training institutions for information and communications technological manpower designated and announced by the Minister of Science and ICT with affairs concerning the fostering of information and communications technological manpower as well as education and training for their recognition under Article 38 (1). <Amended on Mar. 23, 2013; Jul. 26, 2017>

[This Article Wholly Amended on Mar. 25, 2009]

Article 78(Administrative fines) #

(1) Any person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding three million won: <Amended on Aug. 24, 2018; Jan. 11, 2022; Jul. 18, 2023>

1. A person who fails to put his or her signature, or put his or her name and affix his or her seal, on design documents and drawings, in violation of Article 7 (2);

1-2. A person who fails to report the status of placement of supervisors, in violation of Article 8 (3);

2. A person who obtains a supervisor's license referred to in Article 8 (6) by fraud or other improper means;

3. A person who fails to notify the results of supervision under Article 11;

3-2. A person who indicates himself or herself as a construction business operator or places any indication likely to mislead others into believing that the person is a construction business operator, in violation of Article 14-2;

3-3. A person who operates construction business without reporting succession to the construction business, in violation of Article 17 (1) 3;

4. A person who fails to report or report cessation of business referred to in Article 23, or makes such reports by fraud;

5. A person who submits false documents concerning records of construction work, capital, and other matters determined by Presidential Decree, in violation of Article 27 (3);

6. A person who leaves a construction site without good cause, in violation of Article 33 (2);

6-2. A person who fails to comply with the standards for maintenance and management under Article 37-3 (1);

6-3. A person who fails to document inspection records referred to in Article 37-3 (2), or who makes false entries therein;

6-4. A person who fails to retain inspection records, in violation of Article 37-3 (3);

6-5. A person who fails to appoint a maintenance manager for information communications facilities, in violation of Article 37-4 (2);

6-6. A person who fails to appoint a new maintenance manager for information communications facilities within 30 days from the date of dismissal of the predecessor, in violation of Article 37-4 (5);

7. A person who is issued an information and communications engineer's career pocket book referred to in Article 39 (3) by fraud or other improper means;

8. A person who works for two or more construction business entities at the same time, in violation of Article 40 (1);

9. A person who refuses, interferes with, or evades the investigation or inspection referred to in Article 63 (1), or who submits false documents or makes false reports.

(2) Any person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding one million won:

1. A person who fails to give notice in compliance with Article 22 (2);

1-2. A person who fails to submit an inspection log to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, in violation of Article 37-3 (3);

1-3. A person who fails to file a report under Article 37-4 (3) or who submits a false report;

2. A person who fails to submit data or report under Article 63 (1).

(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Science and ICT or by Mayors/Do Governors, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017>

[This Article Wholly Amended on Mar. 25, 2009]

INFORMATION AND COMMUNICATIONS CONSTRUCTION BUSINESS ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Restrictions on construction projects) #

Article 4(Construction business operators' duty of good faith) #

Article 5(Measures for foreign construction business operators) #

Article 6(Compliance with technical standards) #

Article 7(Design) #

Article 8(Supervision) #

Article 9(Supervisor's order for suspension of construction) #

Article 10(Corrective measures against supervisors) #

Article 11(Notification of results of supervision) #

Article 12(Restrictions on supervision by construction business operators) #

Article 12-2(Fostering of service business) #

Article 13 #

Article 14(Registration of construction businesses) #

Article 14-2(Restrictions on indication of construction business operator) #

Article 15(Criteria for registration) #

Article 16(Grounds for disqualification of registration) #

Article 17(Transfer of construction business) #

Article 18 #

Article 19(Details of transfer of construction business) #

Article 20 #

Article 21 #

Article 22(Continuation of projects by construction business operators whose registration is canceled) #

Article 23(Construction business operator's obligation to report) #

Article 24(Prohibition of lending certificate of registration of construction business) #

Article 24-2(Formulation of policies for fostering construction business) #

Article 24-3(Calculation standards for expenses for information and communications construction) #

Article 25(Separation of contract) #

Article 26(Principles of contracting projects) #

Article 27(Management of information on construction business) #

Article 28 #

Article 29(Contracting projects) #

Article 30(Prohibition of imposing additional restrictions on qualification of contractors) #

Article 31(Restrictions on subcontracting) #

Article 31-2(Status of subcontractor) #

Article 31-3(Listening to opinions of subcontractors) #

Article 31-4(Payment of subcontract price) #

Article 31-5(Direct payment of subcontract price) #

Article 31-6(Evaluation of appropriateness of subcontract agreements) #

Article 32(Request for replacement of subcontractor) #

Article 33(Placement of information and communications engineers) #

Article 34 #

Article 35(Construction business operator's liability for compensation) #

Article 36(Pre-use inspection of projects) #

Article 37(Liability for warranty on projects) #

Article 37-2(Standards for maintenance and management of information and communications facilities) #

Article 37-3(Inspection, confirmation of maintenance, etc. of information and communications facilities) #

Article 37-4(Entrustment of maintenance, etc. and appointment of maintenance manager) #

Article 38(Fostering and education of human resources in information and communications technology) #

Article 39(Recognition of information and communications engineers) #

Article 40(Prohibition of concurrent holding of office by information and communications engineers) #

Article 41(Establishment of information and communications contractors association) #

Article 42(Qualification for membership) #

Article 43(Proposals) #

Article 44(Provisions of Civil Act applicable mutatis mutandis) #

Article 45(Establishment of information and communications financial cooperative) #

Article 46(Businesses of cooperative) #

Article 47(Appointment of agents) #

Article 48(Transfer of shares) #

Article 49(Acquisition of shares by cooperative) #

Article 50(Liability of cooperative) #

Article 51(Application mutatis mutandis of other statutes) #

Article 52 #

Article 53 #

Article 54 #

Article 55 #

Article 56 #

Article 57 #

Article 58 #

Article 59 #

Article 60 #

Article 61 #

Article 62 #

Article 63(Guidance and supervision of construction business operators) #

Article 64(Suspension of duties of supervisors) #

Article 64-2(Cancellation of recognition of supervisor) #

Article 65(Corrective measures) #

Article 66(Suspension of business and cancellation of registration) #