Article 82(Suspension of business) #
(1) Where any constructor falls under any of the following cases, the Minister of Land, Infrastructure and Transport may order the constructor to suspend his or her business for a set period of up to six months or impose a penalty surcharge not exceeding 100 million won on him or her in lieu of suspension of business: <Amended on Jun. 1, 2012; Dec. 18, 2012; Mar. 23, 2013; May 22, 2013; Aug. 6, 2013; Feb. 3, 2016; Aug. 14, 2018; Dec. 18, 2018; Dec. 31, 2018; Apr. 30, 2019>
1. Where defects equal to or greater than the scale determined by Decree of the Ministry of Land, Infrastructure and Transport occur at least on three occasions due to causes attributable to a contractor or subcontractor during the defects liability period referred to in Article 28. In such cases, the contractor shall be deemed to have the same responsibility for any cause attributable to his or her subcontractor;
2. When he or she borrows or lends a national technical qualification certificate or a career certificate of construction technology from/to any third person in violation of Article 21-2;
3. When he or she submits false performance records of construction works and the status of affiliated engineers, etc. under Article 23(3);
4. Where he or she makes a misrepresentation in giving the notice under Article 29(6);
5. Where he or she fails to comply with a corrective order or corrective instruction referred to in Article 81 (excluding subparagraphs 3,4,6,8,11 and 12) without good cause;
6. Where he or she falls under any of the following:
a. Where he or she fails to comply with a corrective order referred to in Article 54(1) of the Construction Technology Promotion Act;
b. Where he or she violates the duty to prepare shop drawings referred to in Article 48(4) of the Construction Technology Promotion Act or performs works without examination and confirmation by a construction engineer who conducts construction management or construction supervisor;
c. Where he or she fails to conscientiously conduct a quality test or inspection referred to in Article 55 of the Construction Technology Promotion Act;
d. Where he or she fails to conscientiously conduct a safety checkup referred to in Article 62(2) of the Construction Technology Promotion Act;
e. Where he or she fails to comply with a corrective order referred to in Article 80 of the Construction Technology Promotion Act;
7. Where a constructor who causes a serious accident referred to in the Occupational Safety and Health Act is requested to suspend his or her business by the Minister of Employment and Labor or by a State or local government agency under other statutes or regulations;
8. Where he or she violates the duties of constructors referred to in Article 22(7),34,36(1),37,38(1), or 68-3(1);
9. Where he or she coerces a person to enter into an agreement that includes any unfair special agreements, in violation of Article 38(2);
10. Where his or her penalty points under Article 25(5) exceed the threshold prescribed by Presidential Decree;
11. Where he or she makes a misrepresentation in giving notice under Article 68-4(1).
(2) Where any constructor (in cases under subparagraph 5, referring to a constructor and a contractor if a subcontract is made, and a constructor and a person who further subcontracts with a third party if a further subcontract is made) falls under any of the following cases, the Minister of Land, Infrastructure and Transport may order the constructor to suspend his or her business for a set period of up to one year or impose a penalty surcharge not exceeding the amount (five hundred million won in cases falling under subparagraph 5) equivalent to up to 30/100 of the contract price (referring to the subcontract price in cases under subparagraph 3,6 or 7) of the works constituting the relevant violation in lieu of the suspension of business: <Amended on Jun. 1, 2012; Mar. 23, 2013; Dec. 18, 2018; Dec. 31, 2018; Apr. 30, 2019>
1. Where he or she is awarded a contract or subcontract for construction works, in violation of Article 16;
2. Where he or she fails to directly perform construction works, in violation of Article 28-2(1);
3. Where he or she violates restrictions on subcontracts referred to in Articles 25(2) and 29(1) through (5);
4. Where he or she is awarded a contract for construction works which falls short of the lower limits of the construction price referred to in Article 47(2);
5. Where he or she unconscientiously performs construction works by intention or negligence;
6. Where he or she fails to fulfill his or her obligation to manage subcontractors under Article 29-2(1) (applicable only where a subcontractor became subject to the suspension of business or other disposition issued under subparagraph 3 and it is found that the constructor instructed the subcontractor to commit the violation or conspired the violation with the subcontractor);
7. Where a contractor subcontracts construction works to a construction against whom restrictions on participation in subcontracts are effective or a constructor accepts any subcontract during the period in which the constructor is subject to restrictions on participation in subcontracts, in violation of Article 29-3(5).
(3) Where any person on whom a penalty surcharge is imposed pursuant to paragraph (1) or (2) fails to pay the penalty surcharge by the due date, it shall be collected in the same manner as delinquent national or local taxes are collected.
[This Article Wholly Amended on May 24, 2011]