Article 43(Delegation or entrustment of authority) #
(1) The Minister of Land, Infrastructure and Transport shall delegate the following authority to the head of a regional office of construction management (referring to Jeju Special Self-Governing Province Governor, if the jurisdiction is Jeju Special Self-Governing Province) under Article 49(1) of the Act: <Amended on Jan. 25, 2022>
1. Receiving requests for consultation under Article 15(1) and (2) of the Act;
2. The following authority regarding examination of an underground safety assessment report and notification under Article 16 of the Act:
a. Examining an underground safety assessment report under Article 16(1) of the Act;
b. Requesting submission of data, examination, and on-site inspection under Article 16(2) of the Act;
c. Requesting supplementation or adjustment or requesting to order supplementation or adjustment under Article 16(3) of the Act;
d. Notifying the details of consultations under Article 16(4) of the Act;
3. The following authority regarding incorporating details of consultations under Article 17 of the Act:
a. Receiving the results of reflecting the details of consultations under Article 17(3) of the Act;
b. Requesting to incorporate the details of consultations under Article 17(4) of the Act;
4. The following authority regarding adjustment of the details of consultations and re-consultations under Article 18 of the Act:
a. Receiving requests to adjust the details of consultations under Article 18(1) of the Act;
b. Receiving requests to hold re-consultations and holding re-consultations under Article 18(4) of the Act;
c. Receiving the results of whether the details of re-consultations are reflected in a project plan; and requesting to reflect the details of re-consultations in a project plan under Article 18(6) of the Act;
5. Issuing orders or requesting to issue orders under the former part of Article 19(4) of the Act;
6. The following authority regarding underground safety inspection after commencement of construction under Article 20 of the Act:
a. Receiving inspection reports on underground safety after commencement of construction, etc. under Article 20(2) of the Act;
b. Conducting examinations or requesting examinations and on-site inspections under Article 20(3) of the Act;
7. The following authority regarding the implementation, management, and supervision of details of consultations under Article 21 of the Act:
a. Issuing orders or requesting to issue orders under Article 21(4) of the Act;
b. Requiring submission of data and investigation under Article 21(5) of the Act;
8. The following authority regarding reassessment under Article 22 of the Act:
a. Requesting to conduct a reassessment under Article 22(1) of the Act;
b. Receiving results of a reassessment under Article 22(2) of the Act;
c. Issuing orders to take measures and requesting to order measures under Article 22(3) of the Act;
9. The authority under subparagraphs 2 through 5,7, and 8 regarding small-scale underground safety assessments under Article 23(3) of the Act;
10. Issuing orders to file a report or to submit data and instructing to conduct examinations under Article 30(1) of the Act;
11. Issuing orders to take corrective action under Article 31 of the Act;
12. The following authority regarding a plan for improvement of underground structures subject to intensive control under Article 40 of the Act:
a. Requiring modification or supplementation under Article 40(2) of the Act;
b. Requiring implementation and corrective action under Article 40(3) of the Act;
13. Imposing and collecting administrative fines under Article 56(1)1 and 3 of the Act, paragraph (2) of that Article, and paragraph (3)3 of that Article.
(2) In accordance with Article 49(2) of the Act, the Minister of Land, Infrastructure and Transport shall entrust an institution designated in accordance with paragraphs (3) and (4) with the following affairs: <Amended on Jan. 25, 2022; Dec. 30, 2025>
1. The following duties regarding performance management of an institution specializing in underground safety assessment under Article 32 of the Act:
a. Receiving the results of underground safety impact assessments, etc. an institution specializing in underground safety impact assessment has conducted on behalf of others under Article 32(1) of the Act;
b. Keeping and managing records and issuing a written confirmation of underground safety impact assessments, etc. conducted on behalf of others under Article 32(2) of the Act;
2. On-site inspections under Article 34(6) of the Act;
3. Constructing and operating an integrated underground information system under Article 43(1) of the Act;
4. Organizing and operating a central underground accident investigation committee under Article 46(3) of the Act;
5. Operating and managing an underground safety information system under Article 47 of the Act.
(3) A person eligible to be entrusted with the duties under paragraph (2) shall be one of the following institutions which also has personnel and equipment required to perform the entrusted duties: <Amended on Dec. 1, 2020>
1. A public institution under Article 4 of the Act on the Management of Public Institutions;
2. The Korea Authority of Land and Infrastructure Safety established under the Act on the Korea Authority of Land and Infrastructure Safety;
3. Institutions prescribed in the subparagraphs of Article 14(1) of the Enforcement Decree of the Framework Act on National Spatial Data Infrastructure.
(4) Where the Minister of Land, Infrastructure and Transport intends to designate an institution to be entrusted with duties under paragraph (3), he or she shall determine and post the details of the duties entrusted, methods of handling them, and other necessary matters in the Official Gazette.