ENFOCEMENT DECREE OF THE ACT ON THE PROMOTION OF BUILDING SERVICE INDUSTRY

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Act on the Promotion of Building Service Industry and those necessary for enforcing that Act.

Article 2(Formulation of master plans for promoting building service industry) #

"Matters prescribed by Presidential Decree" in Article 5 (2) 11 of the Act on the Promotion of Building Service Industry (hereinafter referred to as the "Act") means the following:

1. Matters related to the domestic and overseas market prospects of the building service industry;

2. Results of implementation of master plans for promoting the building service industry under Article 5 (1) of the Act (hereinafter referred to as "master plan");

3. Project period for each field for the detailed implementation of Article 5 (2) 3 through 10 of the Act (hereafter referred to as "project period" in this Article) and measures to secure financial resources therefor.

(2) "Where minor matters prescribed by Presidential Decree are to be amended" in the proviso of Article 5 (5) of the Act means the case where the project period of the master plan is shortened or extended within 2 years.

(3) Where the Minister of Land, Infrastructure and Transport formulates or amends a master plan, he or she shall publish the details thereof in the Official Gazette.

Article 3(Formulation of implementation plans for promoting building service industry) #

(1) An implementation plan for promoting the building service industry under Article 5 (4) of the Act (hereinafter referred to as "implementation plan") shall include the following matters:

1. Outcomes of the implementation plan for the previous year;

2. Direction for of promoting the building service industry in the relevant year;

3. Detailed implementation plans and investment plans for each project;

4. Other matters necessary for promoting the building service industry.

(2) The Minister of Land, Infrastructure and Transport shall formulate an implementation plan by January 31 of each year and finalize it in consultation with the heads of relevant central administrative agencies and the heads of local governments.

Article 4(Request for submission of data for formulation of master plan, etc.) #

The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies and the heads of local governments to submit data if necessary for formulating a master plan and an implementation plan. In such cases, the heads of central administrative agencies and the heads of local governments who are requested to do so shall comply therewith, except in extenuating circumstances.

Article 5(Fact-finding surveys) #

(1) The Minister of Land, Infrastructure and Transport may conduct a survey on the following matters each year pursuant to Article 7 (1) of the Act:

1. Current status of domestic and international markets in the building service industry;

2. Current status of winning contracts and sales by field of the building service industry;

3. Current status of building service providers, including gender, and employees by field;

4. Deleted; <Jan. 12, 2016>

5. Current status of research and development related to building services;

6. Current status of training and education of professional personnel;

7. Other matters necessary for the formulation of a master plan and an implementation plan.

(2) Where the Minister of Land, Infrastructure and Transport has conducted a fact-finding survey pursuant to paragraph (1), he or she shall publish the results thereof.

Article 6(Establishment and operation of information system for building service industry) #

(1) The Minister of Land, Infrastructure and Transport may perform the following duties in order to facilitate the efficient construction and utilization of the information system for the building service industry information system (hereinafter referred to as the "information system") under Article 8 (1) of the Act:

1. Research and development for establishing ad operating the information system and technical support therefor;

2. Standardization and sophistication of the information system;

3. Facilitating sharing information through the information system;

4. Connection and cooperation with institutions or organizations holding information and materials related to the building service industry and implementation of joint projects;

5. Other matters necessary for facilitating the establishment and utilization of the information system.

(2) When the Minister of Land, Infrastructure and Transport establishes the information system, he or she may request the submission of survey data and statistics, etc. related to the building service industry collected and held by the heads of relevant central administrative agencies and the heads of local governments. In such cases, the heads of central administrative agencies and the heads of local governments who are requested to do so shall comply therewith, except in extenuating circumstances.

(3) The Minister of Land, Infrastructure and Transport may provide information and data related to the building service industry referred to in the subparagraphs of Article 8 (2) of the Act through the website, etc. of the Ministry. In such cases, if there is an unavoidable reason for the operation of the information system or if it is deemed necessary for the protection of personal information, the type and contents of the information to be provided may be restricted.

Article 7(Conclusion of agreements on research and development projects for building service industry) #

(1) In the conclusion of agreements to conduct research and development projects for the building service industry pursuant to Article 9 (1) of the Act with public institutions, universities, private organizations, or corporations (hereinafter referred to as "public institutions, etc."), the Minister of Land, Infrastructure and Transport shall conclude an agreement on a research and development project for the building service industry with an institution, among the public institutions, etc., that will be responsible for jointly conducting research and development in the relevant field (hereinafter referred to as "principal research institution").

(2) Agreements on research and development projects of the building service industry concluded pursuant to Article 9 (1) of the Act shall include the following matters:

1. Research and development plans;

2. Outlines of research and development projects;

3. Joint research and development;

4. Payment methods, use, and management of research and development expenses;

5. Reporting on the results of research and development;

6. Reversion and utilization of the results of research and development;

7. Collection and use of royalties;

8. Evaluation of the results of research and development;

9. Amendment and cancellation of agreements;

10. Measures to be taken when the agreement is violated;

11. Other matters necessary for research and development.

(3) The head of the principal research institution may, if deemed necessary, entrust part of the relevant research and development project to another public institution, etc. which has not participated in the joint research to perform it.

(4) The Minister of Land, Infrastructure and Transport may allow public institutions, etc. conducting joint research under Article 9 (4) of the Act to preferentially move into facilities for promoting the building service industry under Article 16 of the Act (hereinafter referred to as "promotion facilities").

(5) Matters necessary for the selection of persons eligible for concluding agreements for research and development for the building service industry concluded pursuant to Article 9 (1) of the Act, procedures for concluding agreements, etc. shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.

Article 8(Pilot projects for promoting building service industry) #

(1) Where the Minister of Land, Infrastructure and Transport intends to implement a pilot project to promote the building service industry under Article 9 (3) of the Act (hereinafter referred to as "pilot project"), he or she shall formulate a pilot project plan including the following matters:

1. Objectives, strategies, and promotion system of the pilot project;

2. Application of the outcomes of research and development in the building service industry;

3. Financing necessary to implement the pilot project;

4. Other matters necessary for the smooth implementation of the pilot project.

(2) The Minister of Land, Infrastructure and Transport may designate a project eligible for conducting a pilot project (hereinafter referred to as "eligible pilot project") either directly or at the request of a public institution, etc., taking into account the following standards:

1. It shall be suitable to achieve the objectives of the pilot project;

2. Its financing plan shall be appropriate and feasible;

3. It shall be possible to be implemented efficiently.

(3) Where the head of a public institution, etc. intends to request the Minister of Land, Infrastructure and Transport to designate an eligible pilot project under paragraph (2), he or she shall submit to the Minister of Land, Infrastructure and Transport an application for designation in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport along with the following documents:

1. The pilot project plan including the matters referred to in paragraph (2);

2. Documents on the budget, human resources, etc. to be supported by the public institution for the eligible pilot project.

(4) Except as provided in paragraphs (1) through (3), matters necessary for implementing pilot projects shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.

Article 9(Policy measures for standardization research and dissemination) #

"Matters prescribed by Presidential Decree" in Article 10 (4) of the Act means as follows:

1. Standardization of work for each type of building service;

2. Price standardization for work for each type of building service.

Article 10(Designation of professional personnel training institutions) #

(1) The Minister of Land, Infrastructure and Transport and the head of a local government may designate any of the following institutions as an institution for training human resources specialized in building services (hereinafter referred to as "professional personnel training institution") pursuant to Article 13 (2) of the Act: <Amended on Jul. 26, 2022>

1. The Korean Architecture Agency established or designated pursuant to Article 25 of the Act (hereinafter referred to as the “Korean Architecture Agency”);

2. The Korea Institute of Registered Architects established under Article 31 of the Certified Architects Act;

3. The Professional Engineers Association established under Article 14 of the Professional Engineers Act;

4. A university or college which has a department or major related to building services among universities or colleges under Article 2 of the Higher Education Act;

5. A research institute established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

6. A non-profit corporation established under Article 32 of the Civil Act, which conducts affairs related to the fostering of the building service industry.

7. Other institutions or organizations recognized by the Minister of Land, Infrastructure and Transport as educational and training institutions or organizations relating to building services, in consultation with the heads of relevant central administrative agencies.

(2) A person who seeks to be designated as a professional personnel training institution shall file an application for designation in the form prescribed by prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with the Minister of Land, Infrastructure and Transport or the head of the local government.

(3) When the Minister of Land, Infrastructure and Transport or the head of the local government designates a professional personnel training institution, he or she shall issue a certificate of designation in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and publish such fact in the Official Gazette or public gazette.

Article 11(Support for competent certified architects) #

(1) "Architects who meet the qualification requirements prescribed by Presidential Decree" in Article 13 (4) of the Act means any of the following architects (referring to certified architects under the Certified Architects Act; hereinafter the same shall apply): <Amended on Jan. 12, 2016; Dec. 17, 2019>

1. A certified architect who has a track record of receiving an honorable mention in a design competition ordered by the Government, a local government, or a foreign government for the last 10 years;

2. A certified architect who has a track records of receiving an honorable mention in an international design competition endorsed by the International Union of Architects (UIA);

3. A certified architect who has a track record of receiving an honorable mention for his or her architectural work in a competition hosted by the Government for the last 10 years.

(2) Where a certified architect who meets the qualification requirements under paragraph (1) files an application for the education of professional human resources for the building service industry organized by the State or a local government under Article 13 (3) of the Act or files an application for support for business startup activities related to the building service industry under Article 15 of the Act, the Minister of Land, Infrastructure and Transport or the head of the local government shall preferentially allow him or her to participate in the education of professional human resources for the building service industry or shall preferentially provide him or her with support. In such cases, the Minister of Land, Infrastructure and Transport or the head of the local government may fully or partially subsidize expenses incurred therein.

[Title Amended on Dec. 17, 2019]

Article 12(Support for business startup) #

"Matters prescribed by Presidential Decree" in Article 15 (5) of the Act means as follows:

1. Support for management-related education such as taxation, accounting, and law;

2. Arrangement of business startup support services provided by the public or private sector.

Article 13(Designation of promotion facilities) #

(1) In order to be designated as a promotion facility, all of the following requirements shall be satisfied: <Amended on Jan. 12, 2016>

1. At least 5 building service providers shall take occupancy in a building intended to be recognized as a promotion facility;

2. Small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises shall constitute at least 30/100 of the building service providers that have moved into a facility intended to be recognized as a promotion facility;

3. At least 50/100 of the total gross floor area of a building intended to be recognized as a promotion facility shall be used as a facility for building service business.

(2) A person who intends to obtain designation of a building as a promotion facility shall submit to the Minister of Land, Infrastructure and Transport an application for designation as a promotion facility in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(3) When the Minister of Land, Infrastructure and Transport designates a promotion facility, he or she shall issue a certificate of designation in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and publish such fact in the Official Gazette or on the website of the Ministry.

(4) The Minister of Land, Infrastructure and Transport may provide the following support to building service providers who have moved into promotion facilities designated pursuant to Article 16 (1) of the Act:

1. Joint use of high-priced equipment;

2. Use of co-working rooms for making models, etc.;

3. Public relations for building service providers.

(5) Except as provided in paragraphs (1) through (4), matters necessary for designating and supporting promotion facilities shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.

Article 14(Revocation of designation of promotion facilities) #

(1) Where a promotion facility falls under Article 17 (1) 2 of the Act, the Minister of Land, Infrastructure and Transport may request that the promotion facility meet the requirements for designation within a specified period not exceeding 3 months. In such cases, a person who is requested to meet the designation requirements for designation shall meet the requirements within the period. <Amended on March 28, 2023>

(2) Deleted. <Mar. 28, 2023>

(3) Upon revoking the designation of a promotion facility, the Minister of Land, Infrastructure and Transport shall publish such fact in the Official Gazette or on the website of the Ministry.

Article 15(Support for overseas expansion and international exchange) #

"Matters prescribed by Presidential Decree" in Article 19 (1) 5 of the Act means as follows:

1. Collection of information related to building services for overseas expansion;

2. Securing professionals for building services for overseas expansion;;

3. Information sharing and collaboration with companies and institutions that have entered overseas markets;

4. Overseas public relations services, and hosting of and participation in international seminars;

5. Export guarantee necessary for overseas expansion;

6. Other projects the Minister of Land, Infrastructure and Transport deems necessary for overseas expansion and international exchange.

Article 16(Entrustment of overseas expansion and international exchange support projects or performance of such projects on behalf of Minister) #

"Relevant institutions or organizations prescribed by Presidential Decree" in Article 19 (2) of the Act means the following institutions or organizations: <Amended on Jul. 26, 2022>

1. The Korean Architecture Agency;

2. The Korea Institute of Registered Architects established under Article 31 of the Certified Architects Act;

3. The Professional Engineers Association established under Article 14 of the Professional Engineers Act;

4. The Korea Overseas Construction Association established under Article 23 of the Overseas Construction Promotion Act;

5. An institution under the direction and supervision of the Minister of Land, Infrastructure and Transport among public enterprises and quasi-governmental institutions under Article 5 of the Act on the Management of Public Institutions;

6. A research institute established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

7. A non-profit corporation established under Article 32 of the Civil Act, which conducts affairs related to the fostering of the building service industry.

Article 17(Preferential application of design competition methods) #

(1) "Buildings, etc. that meet the purpose and scale prescribed by Presidential Decree" in Article 21 (2) of the Act means the following buildings and spatial environments (hereinafter referred to as "buildings, etc.") of the purpose and scale classified as follows: <Amended on Jan. 15, 2019; May 15, 2023>

1. Buildings, the estimated design price of which is at least 100 million won; provided, buildings falling under subparagraphs 17 through 23, 23-2, 24 through 26, and 28 of attached Table 1 of the Enforcement Decree of the Building Act shall be excluded;

2. Buildings the uses of which are determined and publicly notified by the Minister of Land, Infrastructure and Transport, which are facilities used by a large number of residents, such as local autonomous centers under subparagraph 3 (f) of attached Table 1 of the Enforcement Decree of the Building Act, kindergartens under subparagraph 10 (a) of that Table, and facilities for the elderly and children under subparagraph 11 of that Table, and requiring special consideration in design.

(2) Where a public institution that places an order for the design of a building, etc. falling under any subparagraph of paragraph (1) does not preferentially apply the method of public competition after undergoing a preliminary review of a public building project plan under Article 23 of the Act, it shall be subject to deliberation by the building committee established by the Minister of Land, Infrastructure and Transport pursuant to Article 4 of the Building Act (hereinafter referred to as the "Central Building Committee"); provided, where the estimated design cost of a building falling under the main clause of paragraph (1) 1 is less than 500 million won, it need not be subject to deliberation by the Central Building Committee.

(3) No public institution shall include the design of a building, etc. to which the method of public competition shall be applied preferentially pursuant to Article 21 (2) of the Act in the design of any other construction work, nor shall place an order in a manner other than a design competition. <Newly Inserted on Dec. 17, 2019>

(4) A public institution may request any of the following specialized institutions to conduct affairs related to design competitions under Article 21 (2) of the Act: <Amended on Dec. 17, 2019>

1. The public building support center under Article 24 of the Act (hereinafter referred to as the "public building support center")

2. The local public building support centers under Article 24-2 of the Act (hereinafter referred to as "local public building support centers");

Article 18(Placing order for design for buildings other than those subject to preferential application of public competition methods) #

(1) "Design that meets the scale prescribed by Presidential Decree" in Article 21 (3) of the Act means the design of a building, etc. the estimated cost of which is at least 100 million won.

(2) A public institution shall, when placing an order for design pursuant to Article 21 (3) of the Act, select a person to participate in a tendering procedure from among persons who have obtained a score equal to or higher than the score determined by the relevant public institution after evaluating the project performance capability.

(3) Where a public institution evaluates its project performance capability pursuant to paragraph (2), it may organize a self-evaluation committee or entrust its evaluation to a specialized institution.

(4) Matters necessary for the standards and procedures for the evaluation of project performance capability under paragraphs (2) and the composition, operation, etc. of self-evaluation committees under paragraph (3) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.

Article 19(Standards for designers' participation in construction process) #

(1) "Where ... places an order for constructing buildings, etc. prescribed by Presidential Decree" in Article 22 (1) of the Act means where a person places an order for constructing buildings, etc. under each subparagraph of Article 17 (1).

(2) The details and scope of responsibility regarding the participation of a designer under Article 22 (1) of the Act shall be as follows: <Amended on Sep. 22, 2020>

1. Interpretation and consultation of design documents;

2. Review and supplementation regarding selection and change of the dimensions, location, quality, texture, color, etc. of materials and equipment following changes in site conditions and the selection of companies;

(3) Details, procedures, etc. regarding the participation of designers under paragraph (2) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Sep. 22, 2020>

(4) Where a designer has been involved to participate in construction process pursuant to Article 22 (1) of the Act, the project supervisor shall accompany a confirmation of the participating designer in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport when submitting a report on completion of supervision or the drawings and specifications for the completed project required for approval for use of a building under Article 22 of the Building Act. <Amended on Sep. 22, 2020>

Article 19-2(Implementation of public building planning) #

(1) "Matters prescribed by Presidential Decree" in Article 22-2 (2) 5 of the Act means:

1. Measures for linked utilization and differentiation of similar facilities and idle facilities in neighboring areas and measures for differentiation;

2. Measures to revitalize local communities and local economies;

3. The focus of the arrangement of buildings, etc., space utilization, and facility planning;

4. Plan for future operation and utilization of facilities;

5. Measures to predict and minimize hazardous factors in safety and environmental fields, etc. following implementation of projects;

6. Other matters that the public institution deems necessary to realize convenience, accessibility, pleasance, creativity, etc.

(2) “Execution process prescribed by Presidential Decree, such as a schematic design and determining the method of executing the construction works” in Article 22-2 (3) of the Act means a schematic design and determining the method of executing the construction works under Article 67 (1) 1 and 4 of the Enforcement Decree of the Construction Technology Promotion Act.

(3) “Public building project prescribed by Presidential Decree” in the main clause of Article 22-2 (4) of the Act means the following projects:

1. A public building project for which the estimated design cost is at least 50 million won;

2. Any other project for which a public institution deems it necessary to undergo deliberation on building planning.

(4) "Expert prescribed by Presidential Decree" in Article 22-2 (5) 3 of the Act means any of the following persons: <Amended on Jun. 28, 2022>

1. Certified architect;

2. Civilian expert commissioned by the head of a central administrative agency or the head of a local government pursuant to Article 21 (1) of the Enforcement Decree of the Framework Act on Building;

3. Person who is serving or has served in a position of assistant professor or higher in the field of architectural planning or architectural design at a school under any subparagraph of Article 2 of the Higher Education Act;

4. A person who holds a doctorate degree in the field of architectural planning or architectural design.

Article 19-3(Composition and operation of public building deliberation committee) #

(1) A public building deliberative committee under Article 22-3 of the Act (hereinafter referred to as a "public building deliberation committee") shall be comprised of at least 5 members, including the chairperson and shall take into account gender balance.

(2) The chairperson of a public building deliberation committee shall be elected by and among members under paragraph (3) 1 through 4 (hereinafter referred to as "external members") or commissioned by the head of a public institution. <Newly Inserted on Jun. 28, 2022>

(3) The members of a public building deliberation committee shall be commissioned or appointed by the head of a public institution from among the following persons. In such cases, the members who are experts in the fields of architectural planning and architectural design shall be a majority of the total members, and the number of persons referred to in subparagraph 5 shall not exceed 30/100 of the total members: <Amended on Jun. 28, 2022>

1. An architect qualified as certified architect who has at least 10 years of work experience in the field of architectural design;

2. A person qualified as a professional engineer in the field of urban areas or landscaping under the National Technical Qualifications Act who has at least 10 years of work experience in the relevant field;

3. A person holding office as an associate professor or higher in the field of construction planning, construction design, urban architecture or landscaping at a school under Article 2 of the Higher Education Act who has at least 10 years of teaching experience in the relevant field;

4. A doctoral degree holder working at an officially recognized research institute who has at least 10 years of work experience in the field of architecture;

5. A person who belongs to a public institution in which a public building deliberation committee is established and has at least 10 years of work experience in the fields of construction planning, construction design, urban architecture or landscaping.

(4) In calculating the work experience or educational career as described in the subparagraphs of paragraph (3), the work experience or educational career before acquiring qualifications and degrees described in that subparagraph or before being granted a position shall be included in the calculation. <Added on Jun. 28, 2022>

(5) The term of office of external members among the members of a public building deliberation committee shall not exceed 3 years. <Amended on Jun. 28, 2022>

Article 19-4(Functions of public building deliberation committee) #

(1) "Matters prescribed by Presidential Decree, such as the appropriateness of the detailed tasks of design services" in Article 22-3 (2) of the Act means the following:

1. Matters related to the appropriateness of design guidelines where a project owner places an order for the design of a building, etc. by the method of public competition;

2. Matters related to the appropriateness of task instructions for design services;

3. Matters classified as follows;

(a) Where a preliminary review of a public building project plan under the main clause of Article 23 (2) of the Act or a re-review under paragraph (4) of that Article (hereafter referred to as "preliminary review" in this Article) is conducted: Matters regarding the reflection of opinions of the preliminary review;

(b) Where a preliminary review has not been conducted and a feasibility study falling under any subparagraph of Article 20 (1) has been conducted: Matters regarding the reflection of the findings of the relevant feasibility study and the appropriateness of architectural planning affairs conducted pursuant to Article 22-2 (2) of the Act;

(c) In other cases: Matters regarding the appropriateness of building planning performed pursuant to Article 22-2 (2) of the Act.

(2) A public institution may seek advice from a public building deliberation committee on matters regarding the implementation of public building projects.

[This Article Newly Inserted on Dec. 17, 2019]

Article 20(Preliminary review of public building project plans) #

(1) "Public building project prescribed by Presidential Decree" in the main clause of Article 23 (2) of the Act means projects for the creation of buildings under the subparagraphs of Article 17 (1); provided, any project for the creation of a building that has undergone a feasibility study falling under any of the following subparagraphs shall be excluded. <Amended on Nov. 28, 2014; Dec. 17, 2019>

1. Preliminary feasibility study on a large-scale project under Article 38 of the National Finance Act;

2. Feasibility study on a new project under the main clause of Article 37 (2) of the Local Finance Act;

3. Feasibility study on a construction work under article 47 of the Construction Technology Promotion Act.

(2) Where a public institution intends to request a preliminary review of a public building project plan under the main clause of Article 23 (2) of the Act, it shall submit an application for project plan preliminary review in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to a public building support center or a local public building support center (hereafter in this Article referred to as "public building support center, etc."), along with the public building project plan prior to giving public notice of a tender for design services. <Amended on Dec. 17, 2019; Jun. 28, 2022>

(3) “Where ... changes important matters prescribed by Presidential Decree, such as changing the location of a building, etc.” in the proviso of Article 23 (4) of the Act means any of the following cases: provided, the foregoing shall not apply where any of the following changes occurs in order to reflect opinions expressed in the preliminary review of a project plan under Article 23 of the Act: <Newly Inserted on Dec. 17, 2019>

1. Where the location of a building, etc. is changed;

2. Where the area of the site of a building, etc. increases or decreases by at least 30 percent;

3. Where the budget for construction costs increases or decreases by at least 30 percent;

4. Where the main purpose of a building is changed;

5. Where the project period is changed because the public building project has been delayed for 3 years or more after receiving opinions of the preliminary review under Article 23 (5) of the Act.

(4) A public institution that has been provided with a review opinion by a public building support center, etc. pursuant to Article 23 (5) of the Act shall notify the public building support center, etc. of a plan to utilize the review opinion before the commencement of construction of the relevant building, etc. <Amended on Jan. 15, 2019; Dec. 17, 2019; Jun. 28, 2022>

Article 21(Designation of public building support centers) #

(1) Relevant public institutions under Article 24 (1) of the Act shall be the following public institutions: <Amended on Sep. 22, 2020>

1. The Architectural Space Research Institute established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

2. Public Institutions that meet all the following requirements (limited to public institutions and local public enterprises under Article 2 (1) 5 (c) and (d) of the Act):

(a) Dedicated organization, budget, and facilities to perform public building support affairs;

(b) At least 10 professionals capable of performing public building support affairs;

(c) Operational regulations on public building support affairs.

(2) Where the Minister of Land, Infrastructure and Transport designates a public building support center pursuant to Article 24 (1) of the Act, he or she shall issue a certificate of designation of public building support center in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and publish the fact in the Official Gazette or on the website of the Ministry.

Article 21-2(Establishment of local public building support centers) #

(1) The standards for approval under Article 24-2 (3) of the Act shall be as follows:

1. It shall have facilities capable of performing the duties referred to in the subparagraphs of Article 24-2 (2) of the Act and shall prepare a budget therefor;

2. It shall have a dedicated organization comprised of at least 5 professional personnel to perform the duties under the subparagraphs of Article 24-2 (2) of the Act; provided, where it is prescribed by ordinance of the relevant local government to organize an advisory panel comprised of at least 5 certified architects falling under any subparagraph of Article 11 (1) and they shall perform the relevant duties, the number of professional personnel may be at least 3;

3. It shall prepare operational regulations on preliminary review affairs under Article 24-2 (2) 1 of the Act.

(2) Where the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) requests approval pursuant to Article 24-2 (3) of the Act, the Minister of Land, Infrastructure and Transport may hear the opinions of the competent Special Metropolitan City Mayor, Metropolitan City Mayor, and Do Governor.

(3) Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu who has obtained approval pursuant to Article 24-2 (3) of the Act intends to change any of the matters specified in the subparagraphs of paragraph (1), he or she shall obtain approval for such change from the Minister of Land, Infrastructure and Transport.

(4) Where a local public building support center conducts preliminary review under Article 24-2 (2) 1 of the Act, the Mayor/Do Governor or the head of the Si/Gun/Gu shall notify the public building support center of the details and results thereof.

(5) The Minister of Land, Infrastructure and Transport may, based on the results of evaluation of actual operational conditions under Article 24-2 (4) of the Act, recommend the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu to take improvement measures.

(6) Except as provided in paragraphs (1) through (5), matters necessary for the composition and operation of a local public building support center shall be prescribed by Ordinance of a relevant local government.

Article 22(Profit-making business of the Korean Architecture Agency) #

(1) Profit-making business under Article 25 (3) of the Act shall be any of the following business related to the building service industry:

1. Business of providing information;

2. Business of developing programs and teaching materials;

3. Other business deemed necessary by the Minister of Land, Infrastructure and Transport to achieve the purpose of establishment or designation of the Architecture Agency.

(2) When the Korean Architecture Agency intends to engage in profit-making business under paragraph (1), it shall submit a profit-making business plan to the Minister of Land, Infrastructure and Transport before the beginning of the relevant business year and shall submit the performance records and settlement of accounts of the relevant profit-making business to the Minister of Land, Infrastructure and Transport within 3 months after the end of the relevant business year.

Article 23(Submission of budget request for contributions) #

Pursuant to Article 26 (2) of the Act, the Korean Architecture Agency shall submit a budget request for contributions for the following year to the Minister of Land, Infrastructure and Transport by April 30 of each year, along with the following documents: <Amended on Jan. 5, 2021>

1. A business plan for the following year;

2. An estimated statement of financial position and an estimated income statement for the following year.

Article 24(Delegation of Authority) #

(1) The Minister of Land, Infrastructure and Transport shall delegate the following authority to the Mayor/Do Governor pursuant to Article 34 (1) of the Act: <Amended on Dec. 17, 2019>

1. Authority to designate promotion facilities under Article 16 of the Act;

2. Authority to revoke the designation of promotional facilities under Article 17 of the Act;

3. Authority to impose and collect administrative fines under Article 26 (2) 1.

(2) Mayors/Do Governors shall delegate their authority over the imposition and collection of administrative fines under Article 26 (2) 2 to the heads of Sis/Guns/Gus pursuant to Article 34 (1) of the Act; provided, if the Special Metropolitan City Mayor or a Metropolitan City Mayor is the permitting authority under the proviso of Article 11 (1) of the Building Act, the authority over the imposition and collection of administrative fines shall be excluded therefrom.

Article 25(Entrustment of duties) #

(1) The Minister of Land, Infrastructure and Transport shall entrust duties related to fact-finding surveys on the building service industry under Article 7 (1) of the Act to a public institution pursuant to Article 34 (2) of the Act, which the Minister designates from among statistics service agencies designated under Article 15 of the Statistics Act and gives public notice of. <Newly Inserted on Jun. 28, 2022>

(2) The Minister of Land, Infrastructure and Transport shall entrust the establishment of an information system for the building service industry under Article 8 of the Act to a public institution related to the building service industry pursuant to Article 34 (2) of the Act, which the Minister designates and give public notice of. <Amended on Jun. 28, 2022>

(3) Where the Minister of Land, Infrastructure and Transport deems it necessary for the smooth performance of the duties entrusted pursuant to paragraphs (1) and (2), he or she may subsidize all or part of the expenses incurred therein. <Amended on Jun. 28, 2022>

Article 26(Criteria for imposing administrative fines) #

(1) Criteria for imposing administrative fines under Article 37 (1) of the Act shall be as prescribed in attached Table 2.

(2) The Minister of Land, Infrastructure and Transport or the Mayor/Do Governor shall impose and collect administrative fines in accordance with the following classifications: <Amended on Jun. 28, 2022>

1. The Minister of Land, Infrastructure and Transport: Imposing and collecting administrative fines for violations under Article 37 (1) 1 of the Act (limited to violations by public institutions referred to in Article 2 (1) 5 (c) of the Act);

2. The Mayor/Do Governor: Imposing and collecting administrative fines for the following violations:

(a) Violations under Article 37 (1) 1 of the Act (limited to cases where a local public enterprise under Article 2 (1) 5 (d) of the Act is violated).

(b) Violations under Article 37 (1) 2 of the Act.