Article 31(Revocation of registration of construction engineering business entities) #
(1) Where any construction engineering business entity falls under any of the following cases, the Mayor/Do Governor may revoke his or her registration or order him or her to fully or partially suspend his or her business for a fixed period of not more than one year; provided,, where he or she falls under any of subparagraphs 1 through 5, his or her registration shall be revoked: <Amended on Jun. 12, 2018; Jan. 15, 2019; Apr. 30, 2019; Jun. 9, 2020; Mar. 16, 2021>
1. In cases of obtaining registration under Article 26(1) by fraud or improper means;
2. In cases of receiving disposition of suspending services or imposing penalty surcharges under Article 32 on at least three occasions during the preceding five years;
3. In cases of conducting construction engineering during a period of suspension of business; provided, this shall not apply, in cases of conducting construction engineering under Article 33;
4. In cases of falling under any of the grounds for disqualification under Article 27, after having been registered as a construction engineering business entity; provided, this shall not apply where a corporation falling under subparagraph 4 of Article 27 is relieved of the ground within three months from the date the ground arises;
5. In cases of having another person conduct construction engineering by using its name or trade name, or lending the certificate of registration to another person, in violation of Article 28(2);
6. In cases of participating in a bid by fraud or other improper means, such as forgery or falsification of documents for pre-qualification (PQ) under Article 35(2);
7. In cases of failing to redress any unfulfilled part of the registration standards under Article 26(1), within 50 days from the date on which it has come to fail to satisfy the registration standards after having been registered as a construction engineering business entity;
8. In cases of causing any serious accident under subparagraph 2 of Article 2 of the Occupational Safety and Health Act, doing damage to the property of a contracting authority, injuring any other people, or causing a defect in a construction work by intention or negligence;
9. Where another administrative agency requires the revocation of registration or suspension of business under relevant statutes and regulations.
(2) Where a construction engineering business entity falls under any of the following, a Mayor/Do Governor may issue an order to suspend its business for a fixed period not exceeding 6 months: <Amended on Jan. 19, 2016; Aug. 9, 2017; Aug. 14, 2018; Dec. 31, 2018; Apr. 30, 2019; Mar. 16, 2021; Jan. 9, 2024>
1. In cases of failing to purchase insurance or to subscribe to a mutual aid under Article 34(2);
2. In cases of entering into a subcontract without approval of a contracting authority under Article 35(4);
3. In cases of failing to comply with an order to report or submit related materials under Article 38(2);
4. In cases of refusing, obstructing, or evading inspection under Article 38(3);
5. In cases a construction engineering business entity which performs construction project management falls under any of the following items:
a. Where a person fails to submit a construction project management report, or falsifies and submits a construction project management report prepared by a construction engineer under the latter part of Article 39(4), or submits a construction project management report while aware of the omission of information on the construction, inspection, test, etc. of main structural elements of the relevant construction works in the construction project management report;
b. In cases of taking a measure such as an order for a contractor to re-execute, to suspend construction and failing to report the measure to the contracting authority pursuant to Article 40(3);
c. In cases of failing to report the review results of design documents under Article 48(2);
d. In cases of failing to conscientiously performing the guidance and supervision of quality management of construction works [limited to where a constructor or any person who has registered housing construction business under Article 4 of the Housing Act (hereinafter referred to as "registered housing constructor") fails to implement a quality management plan or quality testing plan under Article 55(1) (including quality test or inspection under such plan) or fabricates the results of a quality test];
e. In cases of having a person who is not qualified as a construction engineer or who is not a construction engineer belonging to the relevant construction technology business entity manage a construction project (excluding a person who, despite not being a construction engineer, is granted approval for the job from a contracting authority in advance);
f. In cases of having a construction engineer who belongs to another construction engineering business entity manage a construction project;
g. In cases of replacing or arranging a construction engineer who manages a construction project in an unjust manner;
6. Where the supervisor fails to comply with a corrective order issued under Article 54(1);
7. In cases where a construction engineering business entity who performs quality testing or inspection services falls under any of the following items:
a. Where the quality of a construction work or that of materials or members of a framework used in a construction work (hereinafter referred to as "construction materials and members") is seriously degraded owing to a flaw in a quality test or inspection;
b. Where it issues a false result of a quality test or inspection;
c. Where it refuses vicarious execution of a quality test or inspection for not less than three months without good cause;
d. Where it orders a person who is not qualified for a construction engineer or is not a construction engineer belonging to it to perform a quality inspection;
e. Where it fails to perform a quality inspection by using materials sealed or verified by the project owner, or the construction engineering business entity which performs construction project management, in violation of Article 60(2);
f. Where it fails to enter the details of quality inspection records and quality inspections into the comprehensive information network for safety management of construction works under Article 62(15), in violation of Article 60(3);
g. Where it fails to comply with any measure, such as a corrective order under Article 60(4).
(3) No construction engineering business entity shall participate in a bid for a construction engineering or win a contract for construction engineering after changing its trade name during a period of suspension of business under paragraphs (1) and (2). <Amended on Apr. 30, 2019; Mar. 16, 2021>
(4) Where a construction engineering business entity falls under any of the subparagraphs of paragraph (1) or (2), a contracting authority and the head of an authorizing or permitting agency shall notify the fact to the relevant Mayor/Do Governor, and where the Mayor/Do Governor takes any measure such as revocation of registration, suspension of business or imposition of a penalty surcharge pursuant to paragraph (1) or (2), or Article 32(1), he or she shall notify the contents thereof to the Minister of Land, Infrastructure and Transport, the relevant contracting authority and the head of the authorizing or permitting agency. <Amended on Apr. 30, 2019; Mar. 16, 2021>
(5) Detailed standards for dispositions under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[Title Amended on Apr. 30, 2019; Mar. 16, 2021]