Article 1(Purpose) #
The purpose of this Decree is to provide for matters delegated by the Electrical Construction Business Act and other matters necessary for enforcing the Act.
[This Article Wholly Amended on Jun. 18, 2010]
Article 2(Electrical construction) #
(1) Electrical construction defined in subparagraph 1 of Article 2 of the Electrical Construction Act (hereinafter referred to as the "Act") shall be the following works (excluding the construction of reservoirs, waterways, and accompanying structures). <Amended on Sep. 1, 2015>
1. Installation works for the generation, transmission, transformation, and distribution of electricity;
2. Electric installation works in industrial facilities, buildings, and structures;
3. Electric installation works on roads, airports, and harbors;
4. Electric installation works for electric railways and railway signals;
5. Electric installation works other than those specified in subparagraphs 1 through 4;
6. Work to maintain and repair the electric installations, etc. under subparagraphs 1 through 5 and any work incidental thereto;
(2) The types of electrical construction under paragraph (1) 1 through 5 are as shown in attached Table 1.
[This Article Wholly Amended on Jun. 18, 2010]
Article 3 #
Deleted. <Nov. 29, 2002>
Article 4 #
Deleted. <Nov. 29, 2002>
article 5 (Minor electrical works) (1) "Minor electrical construction prescribed by Presidential Decree" in the proviso of Article 3 (1) of the Act means any of the following: <Amended on Jan. 26, 2017; Jan. 5, 2021>
1. Work to repair and replace plug connectors, sockets, rosettes, sealing blocks, connectors, light bulbs, knife switches and other switchgear;
2. Work to install small transformers (limited to those with a secondary voltage of 36 volts or less) used for bells, intercoms, decorative light fixtures, and other similar facilities, and the construction of secondary lines thereto;
3. Work to attach or remove electricity meters or fuses;
4. Work to attach wires [including cords, captyre cables (rigid rubber cables), and cables; hereinafter the same shall apply] to the terminals of electrical machinery and appratus (excluding wiring equipment; hereinafter the same shall apply) using plug connectors among electrical appliances under the Electrical Appliances and Consumer Products Safety Control Act;
5. Work to improve and repair single-family residential electrical installations with a voltage of 600 volts or less and a capacity of 5 kilowatts or less; provided, this shall be limited to work performed by an electrical construction engineer.
(2) "Electrical construction ... as prescribed by Presidential Decree" in Article 3 (2) of the Act means either of the following:
1. Restoration work necessary in the event of loss or damage to electrical facilities or in the event of a disaster or other emergency;
2. Emergency repair work necessary to maintain electrical facilities.
[This Article Wholly Amended on Jun. 18, 2010]
Article 6(Registration of construction business) #
(1) The standards for technical capabilities, capital, office, and others required for a person who intends to file for registration of a construction business pursuant to Article 4 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013; Sep. 1, 2015>
1. It shall have technical capabilities, capital, and office in accordance with attached Table 3;
2. It shall submit a confirmation of guaranteeable amount issued by the Electric Contractors' Financial Cooperative established under the Electric Contractors' Financial Cooperative Act (hereafter in this Article referred to as the "confirmation of guaranteeable amount") or a financial institution designated by the Minister of Trade, Industry and Energy (hereafter in this Article referred to as the "Financial cooperative, etc.") that meets all of the following requirements:
(a) The financial cooperative, etc. shall evaluate the financial condition and credit status of the person applying for the issuance of the confirmation of guaranteeable amount and receive collateral or cash deposits or contributions in an amount equal to 25/100 or more of the capital under subparagraph 1;
(b) The financial cooperative, etc. shall write in the confirmation of guaranteeable amount that the financial cooperative, etc. may provide a guarantee pursuant to Article 10-2 of the Enforcement Decree of the Electric Contractors' Financial Cooperative Act for at least an amount in the standards for capital under subparagraph 1.
(2) The financial cooperative, etc. that issues a confirmation of guaranteeable amount shall establish and publicly announce detailed standards in accordance with the standards for issuance and termination of a confirmation of guaranteeable amount prescribed by the Minister of Trade, Industry and Energy. <Newly Inserted on Sep. 1, 2015>
(3) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, or the Governor of the Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") shall register a construction business pursuant to Article 4 (1) of the Act unless its application for registration falls under any of the following cases: <Newly Inserted on Dec. 30, 2011; Sep. 1, 2015>
1. Where it fails to meet the standards for registration under paragraph (1);
2. Where the person applying for registration falls under any of the subparagraphs of Article 5 of the Act;
3. Where it violates any restrictions under the Act, this Decree, or any other statute or regulation.
Article 7(Modified matters to be reported by constructors) #
"Important matters prescribed by Presidential Decree" in Article 9 (1) of the Act means the following matters:
1. Company name or title;
2. Location of the principal place of business;
3. Representative;
4. Capital (excluding changes in capital that are not related to the construction business);
5. Electrical construction engineer(s).
[This Article Wholly Amended on Jun. 18, 2010]
Article 8(Exception to separate order) #
"Works prescribed by Presidential Decree" in Article 11 (3) 3 of the Act means the following works: <Amended on Apr. 30, 2024>
1. Temporary electrical construction;
2. Small-scale electricity construction with a capacity of 10 kilowatts or less; provided, this shall exclude works ordered by the State, a local government, a public institution under Article 4 of the Act on the Operation of Public Institutions (hereinafter referred to as “public institution), or a local public enterprise under Article 3 of the Local Public Enterprise Act (hereinafter referred to as "local public enterprise");
3. Installation of the main facilities (referring to the main facilities generating electricity, such as turbines and boilers) of nuclear, thermal, cogeneration, hydraulic, or tidal power plants;
4. Electrical construction in which a new electrical technology that is designated and publicly notified and is within the protection period under Article 6-2 of the previous "Electrical Technology Management Act" (referring to the one before it is amended by the Electrical Technology Management Act (Act No. 13741)) is being used;
5. Other work that is conducted through the tendering procedure that falls under any of the following categories:
(a) Tendering procedure for alternatives or tendering procedure for a turnkey project under Article 79 (1) 4 or 5 of the Enforcement Decree of the Act on Contracts to which with the State is a Party and alternate tendering or turnkey tendering under Article 95 (1) 4 or 5 of the Enforcement Decree of the Act on Contracts with a Local Government is a Party;
(b) Tendering procedure for a technical proposal for working plans or tendering procedure for a technical proposal for basic plans under subparagraph 2 or 3 of Article 98 of the Enforcement Decree of the Act on Contracts to which with the State is a Party and technical proposal tendering for final design or technical proposal tendering for schematic design under subparagraph 2 or 3 of Article 127 of the Enforcement Decree of the Act on Contracts with a Local Government is a Party;
6. Other cases where it is difficult to place an order separately due to the nature of a work performed for improvement projects under Act on the Improvement of Urban Areas and Residential Environments, public-private partnership projects under the Act on Public-Private Partnerships in Infrastructure, and small-scale housing improvement projects under the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement.
Article 9(Contents of contract for electrical construction) #
(1) Matters to be clearly stated in a contract or subcontract for construction work under Article 12 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013; Dec. 24, 2019>
1. Construction details;
2. The total value of the contract and the amount thereof that is attributable to labor;
3. The timing of the commencement and completion of the work;
4. If priority or advance payment of the total value of the contract has been arranged, the time, method, and amount of such payment, respectively;
5. Liability for damage in the event of a request for design change, suspension of work, or revocation of the contract by either party to the contract;
6. The scope of immunity from responsibility in the event of a natural disaster or any other force majeure event;
7. Changes in the total value of the contract or in construction contents due to design changes, price fluctuations, etc.;
8. The issuance of a certificate of guarantee of subcontract payment under Article 13-2 of the Act on Fair Transactions in Subcontracting Transactions (applicable only to subcontracts);
9. Reasons and procedures for direct payment of subcontract payment under Article 14 of the Fair Transactions in Subcontracting Act;
10. Payment of funds for occupational safety and health management under Article 72 of the Occupational Safety and Health Act
11. Matters regarding expenses to be borne in accordance with relevant statutes and regulations and standards prescribed and publicly notified by the Minister of Trade, Industry and Energy in relation to the project, such as premiums under the Act on the Collection of Premiums for Employment Insurance and Workers' Compensation Insurance, the National Pension Act, and the National Health Insurance Act;
12. Inspection of the object of the contract and the timing of delivery;
13.Timing of payment of the total value of contract after the work is completed;
14. Liability for damages, including penalties and late interest payments, in the event of delayed performance;
15. Warranty period and warranty collateral method;
16. Disposal methods and recycling of waste generated from the work;
Article 10(Scope of subcontracting) #
A subcontract may be allowed for a part of the electrical construction works contracted under the proviso of Article 14 (1) of the Act to another constructor if it meets each of the following requirements:
1. Where a subcontract is given for a part of the contracted electrical construction works that does not interfere with the completion of the entire electrical construction works even if it is executed in a separate process;
2. Where the contractor designates a person in charge of execution management under Article 17 of the Act to guide and coordinate such subcontractor.
[This Article Wholly Amended on Jun. 18, 2010]
Article 11(Request for replacement of subcontractors) #
When the client or contractor requests for the replacement of a constructor subcontracted or subsubcontracted under Article 15 (1) of the Act, the request shall be made in writing within 15 days from the date of knowledge of the reason or within 30 days from the date of occurrence of the reason.
[This Article Wholly Amended on Jun. 18, 2010]
Article 11-2(Warranty period by type of electrical construction) #
The warranty period for each type of electrical construction under Article 15-2 (1) of the Act shall be as shown in attached Table 3-2.
[This Article Wholly Amended on Jun. 18, 2010]
article 12 (Classification of execution management by electrical construction engineers) The classification of electrical construction engineers' execution management by the size of electrical construction work under Article 16 (2) of the Act shall be as shown in attached Table 4.
[This Article Wholly Amended on Jun. 18, 2010]
Article 12-2(Notification of person in charge of execution management) #
(1) Where a constructor contractor has designated a person in charge of execution management pursuant to Article 17 (1) of the Act, the constructor shall notify the client of the electrical construction project (referring to the client and contractor if the constructor is a subcontractor; and the client, contractor, and subcontractor if the constructor is a subcontractor that further subcontracts) in accordance with the notice of designation of the person in charge of execution management in the form prescribed by Ordinance of the Ministry of Trade, Industry, and Energy by no later than 7 days before the scheduled date of commencement of construction.
(2) Notification under paragraph (1) may be made in writing, by fax, by e-mail, or through the comprehensive electrical construction information system under Article 31 (6) of the Act.
[This Article Newly Inserted on Apr. 30, 2024]
[Previous Article 12-2 moved to Article 12-3 <Apr. 30, 2024>]
Article 12-2(Application for recognition as electrical construction engineer) #
(1) A person who seeks to be recognized as an electrical construction engineer under Article 17-2 (1) of the Act shall file an application in the form prescribed by the Decree of the Ministry of Trade, Industry and Energy. The same shall also apply to change the grade or obtain career recognition. <Amended on Mar. 23, 2013>
(2) The Minister of Trade, Industry and Energy shall maintain and manage records on the careers, grades, etc. of persons recognized as electrical construction engineers under Article 17-2 (2) of the Act. <Amended on Mar. 23, 2013>
(3) The grades and recognition standards for electrical construction engineers under Article 17-2 (4) of the Act shall be as shown in attached Table 4-2.
[This Article Wholly Amended on Jun. 18, 2010]
[Moved from Article 12-2; previous Article 12-3 moved to Article 12-4 <Apr. 30, 2024>]
Article 12-4(Requirements for designation as educational and training institutions) #
The requirements for the designation of an educational and training institution under Article 19 (1) of the Act (hereinafter referred to as "designated educational and training institution") shall be as follows: <Amended on Jan. 5, 2021>
1. It shall have a dedicated organization and staff to provide education to technical human resources in electrical construction;
2. It shall have an educational and training establishment with a total floor area of 200 square meters or more.
[This Article Wholly Amended on Jun. 18, 2010]
[Moved from Article 12-3; previous Article 12-3 moved to Article 12-5 <Apr. 30, 2024>]
Article 12-5(Provision of education and training) #
(1) Pursuant to Article 19 (1) of the Act, the Minister of Trade, Industry and Energy shall ensure that designated educational and training institutions provide education and training to the following persons: <Amended on Mar. 23, 2013, Sep. 1, 2015>
1. A person seeking recognition as a junior electrical construction engineer who falls under any of the following categories:
(a) A person who has qualified as a technician;
(b) A person who has academic background and work experience under attached Table 4-2;
2. An electrical construction engineer who seeks to be recognized for change of his or her grade.
(2) The standards for providing education and training under paragraph (1) shall be as specified in attached Table 4-3.
(3) A constructor shall provide necessary accommodations for electric construction engineers under his or her control to receive training and education and shall not give any disadvantage to them for receiving training and education.
(4) A designated educational and training institution shall record the details of completion of education in the career pocketbooks under Article 17-2 (3) of the Act for electrical construction engineers who have received education and training.
[This Article Wholly Amended on Jun. 18, 2010]
[Moved from Article 12-4; previous Article 12-5 moved to Article 12-6 <Apr. 30, 2024>]
Article 12-6(Payment and management of contributions) #
(1) Where the Minister of Trade, Industry and Energy makes contributions pursuant to the latter part of Article 22-2 (2) of the Act, the Minister may pay the contributions all at once or in installments, taking into account the details of affairs, such as the investigation and research on the criteria for calculating electrical construction costs and the status of implementation.
(2) A person who has been paid contributions under paragraph (1) shall establish and manage a separate account for the contributions and shall use them as determined and publicly notified by the Minister of Trade, Industry and Energy.
(3) Where a person who has been paid a contribution pursuant to paragraph (1) uses the contribution for any purpose other than the purpose for which it has been received, the Minister of Trade, Industry and Energy may recover all or part of the contribution.
[This Article Newly Inserted on Oct. 16, 2018]
[Moved from Article 12-5 <Apr. 30, 2024>]
Article 13(Establishment of constructors' association) #
The establishment of a constructors' association under Article 25 of the Act shall be initiated by at least 10 constructors as its promoters, who shall prepare its articles of association with the consent of at least 1/10 of constructors at its inaugural general meeting, and shall apply for authorization thereof to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Jun. 18, 2010]
Article 14(Supervision) #
The Minister of Trade, Industry and Energy may require a constructors' association to report the following matters: <Amended on Mar. 23, 2013>
1. Matters to be resolved by the general meeting or the board of directors;
2. Matters regarding the actual status of members;
3. Other important matters relevant to the constructors' association and its members.
[This Article Wholly Amended on Jun. 18, 2010]
Article 14-2(Exception for failure to meet registration requirements) #
"Cases prescribed by Presidential Decree ... including cases where the constructor temporarily fails to satisfy the registration requirements" in the proviso of Article 28 (1) 2 of the Act means any of the following cases: <Amended on Apr. 29, 2016; Dec. 30, 2016>
1. Where a constructor has not met the registration standards under Article (6) 1 for a period of 50 days or less due to the death, disappearance, or retirement of a person who has met the technical capabilities of the registration standards;
2. A listed company that is subject to the proviso of Article 542-8 (1) of the Commercial Act has not met the registration standards for a period of 50 days or less due to a decrease in the total amount of assets as of the end of the most recent business year.
3. Where a constructor falls short of the standards for capital under Article 6 (1) 1 and falls under any of the following categories:
(a) The court has rendered a decision to commence rehabilitation procedures in accordance with the Debtor Rehabilitation and Bankruptcy Act, and the procedures are ongoing;
(b) In accordance with the Act on Rehabilitation and Bankruptcy of Debtors, the court has rendered a decision to terminate the rehabilitation procedures against the contractor by recognizing that there is no impediment to the implementation of the rehabilitation plan, and the rehabilitation plan is being implemented;
(c) The Council of Financial Creditors has resolved to initiate joint management procedures by the Council of Financial Creditors in accordance with the Corporate Restructuring Promotion Act, and the procedures are in progress.
[This Article Newly Inserted on Mar. 24, 2014]
Article 14-3(Standards for suspension of recognition) #
The detailed standards for suspension of recognition as an electrical construction engineer under Article 28-2 (3) of the Act are as shown in attached Table 4.
[This Article Newly Inserted on Sep. 1, 2015]
Article 15(Delegation and entrustment of authority) #
(1) Pursuant to Article 32 (1) of the Act, the Mayor/Do Governor shall delegate the authority to investigate on actual conditions of a constructor or to conduct relevant inspection pursuant to Article 29-2 of the Act to the head of the Si/Gun/Gu (the head of the Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the location of the constructor's principal place of business. <Amended on Dec. 30, 2011>
(2) Pursuant to Article 32 (2) of the Act, the Minister of Trade, Industry and Energy or the Mayor/Do Governor shall entrust the affairs specified in the subparagraphs of that paragraph to a constructor's association designated and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
(3) Pursuant to Article 32 (3) of the Act, the Minister of Trade, Industry and Energy or the Mayor/Do Governor shall entrust the following affairs to a constructor‘s association, or a corporation or organization managing electrical engineers, designated and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
1. Recognition of electrical construction engineers and issuance of career pocketbooks under Article 17-2 (1) through (3) of the Act;
2. Revocation of recognition as an electrical construction engineer under Article 28-2 of the Act;
3. Hearing under subparagraph 3 of Article 30 of the Act.
(4) Where the head of the Si/Gun/Gu investigates actual conditions of a constructor or conducts relevant inspection pursuant to paragraph (1), he or she shall report the results thereof to the Mayor/Do Governor without delay.
[This Article Wholly Amended on Jun. 18, 2010]
Article 16(Method of calculating wages not subject to seizure) #
The amount constituting the wages under Article 34 of the Act shall be calculated by adding up the wages stated in the design document out of the total value of the contract or subcontract of the relevant electrical construction works.
[This Article Wholly Amended on Jun. 18, 2010]
Article 16-2(Standards for constructors that are large enterprises) #
(1) A constructor that is a large enterprise under Article 39 (3) of the Act shall be any of the following persons: <Amended on Apr. 30>
1. A constructor affiliated to a corporate group subject to limitations on cross shareholding under Article 14 of the Monopoly Regulation and Fair Trade Act;
2. A constructor that is a public institution;
3. A constructor that is a local public enterprise.
(2) The lower limit of construction cost that can be contracted by a constructor that is a large enterprise pursuant to Article 39 (3) of the Act shall be 1 billion won; provided, the lower limit of construction cost may not be applied in the case of a negotiated contract under the statutes and regulations related to contracts to which the State, a local government, a public institution, or a local public enterprise is a party. <Amended on Apr. 30, 2024>
[This Article Newly Inserted on Nov. 5, 2019]
Article 17(Scope of Main parts of major power facilities) #
"Main parts of major electric power facilities prescribed by Presidential Decree" in Article 40 (1) of the Act means the following parts:
1.The foundation parts, assembly parts, and aerial cable connection parts of transmission towers of aerial transmission facilities of 345 kilovolts or more;
2. Connection parts of switchgears and circuit breakers in substations of 345 kilovolts and more.
[This Article Wholly Amended on Jun. 18, 2010]
Article 17-2(Processing of personally identifiable information) #
The Minister of Trade, Industry and Energy or the Mayor/Do Governor (including the person to whom relevant authority has been delegated or entrusted if the relevant authority has been delegated or entrusted) may process data that contain resident registration numbers or alien registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if it is essential for conducting the following business affairs: <Amended on Dec. 30, 2016>
1. Application for registration for the construction business under Article 4 (1) of the Act;
2. Verification of the grounds for disqualification under Article 5 of the Act;
3. Reporting on succession to a construction business under Article 7 (2) of the Act;
4. Reporting on modification in registered matters Article 9 (1) of the Act (limited to cases where the representative or an electrical contraction engineer has replaced);
5. Recognition as electrical construction engineers and issuance of career pocketbooks under Article 17-2 (1) through (3) of the Act;
6. Provision of education and training of electrical construction engineers under Article 19 (1) of the Act;
7. Revocation of registration, suspension of business, and imposition of penalty charges with regard to construction businesses under Article 28 (1) and (3) of the Act;
[This Article Newly Inserted on Aug. 6, 2014]
[Previous Article 17-2 moved to Article 17-3 <Aug. 6, 2014>]
Article 17-3(Re-examination of regulation) #
(1) The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters every three years, counting from the following applicable base date (referring to the period that ends on the day before the base date of every second year) and shall take measures, such as making improvements: <Amended on Dec. 9, 2014; Dec. 30, 2016; Mar. 8, 2022>
1. Registration standards and reporting period for construction business under Article 6 and attached Table 3: January 1, 2020;
2. Standards for constructors that are large construction enterprises under Article 16-2: January 1, 2022.
(2) The Minister of Trade, Industry and Energy shall examine the appropriateness of the classification of execution management by electrical construction engineers pursuant to Article 12 and attached Table 4 every two years as of January 1, 2015 (referring to the period that ends on the day before January 1 of every second year) and take measures, such as improvement. <Newly Inserted on 2014. 12. 9>
[This Article Wholly Amended on Dec. 30, 2013]
[Moved from Article 17-2 <Aug. 6, 2014>]
Article 18(Criteria for imposition of administrative fines) #
The criteria for imposing administrative fines under Article 46 (1) and (2) of the Act shall be as specified in attached Table 5.
[This Article Wholly Amended on Jun. 18, 2010]