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ACT ON THE MANAGEMENT OF BUILDINGS — 법갈피

영문법령 / ACT ON THE MANAGEMENT OF BUILDINGS

ACT ON THE MANAGEMENT OF BUILDINGS

법률타법개정시행 2025-06-04국토교통부,국토교통부 · 제20549호 · 공포 2024-12-03

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to the safety and welfare of the public by establishing matters necessary to secure the safety of buildings and maintain and improve their use value such as convenience, comfort, aesthetics, and functionality, and matters necessary to safely dismantle buildings, and by managing buildings scientifically and systematically throughout their life cycle.

Article 2(Definitions) #

The terms used in this Act shall be as follows:

1. The term "building" means a building under Article 2 (1) 2 of the Building Act; provided, a building falling under any of the subparagraphs of Article 3 (1) of the Building Act shall be excluded;

2. The term "building management" means the maintenance, inspection, repair, reinforcement, or dismantlement of a building by a manager until the building is destroyed;

3. The term "manager" means a person designated as a manager of the relevant building under relevant statutes or regulations or the owner of the relevant building; in such cases, a person who is responsible for the management of the building pursuant to a management contract, etc. with the owner of the relevant building shall be deemed a manager;

4. The term "life cycle information" means document information, drawing information, etc. produced during the life cycle of a building, such as planning, design, construction, maintenance, and destruction of a building;

5. The term "building management plan" means a plan formulated pursuant to Article 11 to ensure the safety of buildings and to maintain and improve their use value;

6. The term "reinforcement of fire safety performance" means all acts to improve the safety performance of a building in case of a fire through reinforcement of fire safety facilities and equipment, such as replacement of finishing materials, supplementation of fire compartments, and installation of fire extinguishing equipment, such as sprinklers, with respect to a building for which approval for use under Article 22 of the Building Act (hereinafter referred to as "approval for use") has been granted;

7. The term "dismantlement" means destroying or cutting and removing all or part of a building to construct, substantially repair, remodel, or destroy a building;

Article 7(Establishment of building life cycle information system) #

(1) The Minister of Land, Infrastructure and Transport may establish a building life cycle information system to effectively maintain and manage buildings, including the following matters:

1. Information related to building management under Article 10;

2. Building management plans;

3. Results of regular inspections under Article 13;

4. Results of emergency inspections under Article 14;

5. Results of inspections of small-scale deteriorated buildings, etc. under Article 15;

6. Results of safety examinations under Article 16;

7. Results of dismantlement works of a building under Article 33;

8. Seismic capacity of buildings under Article 48-3 of the Building Act;

9. Information on energy use and greenhouse gas emissions in buildings under Article 10 of the Green Buildings Construction Support Act.

10. Other matters prescribed by Presidential Decree.

(2) When the Minister of Land, Infrastructure and Transport establishes a building life cycle information system under paragraph (1), he or she shall ensure that it can be linked with the electronic information processing system under Article 32 (1) of the Building Act.

(3) The Minister of Land, Infrastructure and Transport may request a person who possesses or manages the following data or information to provide data or information necessary for the establishment and operation of the building life cycle information system; in such cases, a person in receipt of such request shall comply therewith, unless there is a compelling reason not to do so: <Amended on Mar. 31, 2020; Nov. 30, 2021>

1. Information on safety and maintenance of establishments under Article 55 of the Special Act on the Safety Control and Maintenance of Establishments;

2. Information on in-house inspection, etc. of firefighting systems, etc. under Article 22 of the Act on Installation and Management of Firefighting Systems;

3. Information on sanitary measures under Article 33 of the Water Supply and Waterworks Installation Act;

4. Information on inspections of installation of elevators and safety inspection thereof under Articles 28 and 32 of the Elevator Safety Management Act;

5. Information on inspections of machinery and equipment subject to inspections under Article 39 of the Energy Use Rationalization Act;

6. Information on inspections of electric installations for general use under Article 12 of the Electrical Safety Management Act;

7. Information on operation and management of private sewerage treatment facilities under Article 39 of the Sewerage Act;

8. Disaster Information established pursuant to Article 34 of the Countermeasures against Natural Disasters Act;

9. Other matters prescribed by Presidential Decree.

(4) Necessary matters such as the procedures for requesting information or data and methods of submission under paragraph (3) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 11(Establishment of building management plans) #

(1) Where a building for which approval for use is to be obtained is to be constructed by a constructor in accordance with Article 41 of the Framework Act on the Construction Industry, the owner of the relevant building shall formulate a building management plan and submit it to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu at the time of filing an application for approval for use; provided, this shall not apply to any of the following buildings: <Amended on Apr. 30, 2019; Nov. 15, 2022>

1. Facilities for animals and plants under Article 2 (2) 21 of the Building Act;

2. Correctional facilities and military installations under Article 2 (2) 23 of the Building Act;

3. Broadcasting and telecommunications facilities under Article 2 (2) 24 of the Building Act;

4. Multi-family housing subject to compulsory management under Article 2 (1) 2 of the Multi-Family Housing Management Act;

5. Other buildings prescribed by Presidential Decree.

(2) The building management plan under paragraph (1) shall be prepared including the following matters, and the detailed standards for preparing the building management plan shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport:

1. Matters concerning the current state of buildings;

2. Matters concerning clients, designers, contractors, and supervisors;

3. Matters concerning finishing materials of a building and products attached thereto;

4. Matters concerning long-term repair plans for buildings;

5. Matters concerning fire and escape safety of a building;

6. Matters concerning structural safety of buildings and seismic capacity;

7. Matters concerning management of energy and environment-friendly performance;

8. Other matters prescribed by Presidential Decree.

(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may examine the appropriateness of a building management plan under paragraph (1) and request the client or manager of the relevant building to supplement the building management plan.

(4) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may register the result of examination of appropriateness of a building management plan under paragraph (3) in the building life cycle information system under paragraph (7).

(5) A manager shall examine a building management plan every 3 years, and where necessary, adjust such plan, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and replace or repair important facilities in accordance with the building management plan formulated or adjusted.

(6) Where a manager has adjusted a building management plan pursuant to paragraph (5) or where he or she repairs, alters, or extends major parts of a building, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, he or she shall enter the results of measures taken in the building life cycle information system under Article 7.

(7) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may entrust the examination of appropriateness of a building management plan under paragraph (3) to an institution or organization prescribed by Presidential Decree or have such institution or organization perform such duties on his or her behalf.

Article 16(Conducting safety examination) #

(1) Where a manager deems it necessary to ensure the safety of a building bases on a result of a regular inspection under Article 13, an emergency inspection under Article 14, or an inspection of a small-scale deteriorated building, etc. under Article 15, he or she shall investigate, measure, and evaluate the causes, etc. of safety defects in the building and conduct an examination suggesting measures for repair, reinforcement, etc.

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the relevant manager to conduct an examination under paragraph (1) (hereinafter referred to as "safety examination") in any of the following cases; in such cases, a person in receipt of such request shall comply therewith, unless there is a compelling reason not to do so: <Amended on Jun. 9, 2020>

1. Where a serious defect has occurred in a building;

2. Where it is deemed that there is a risk of collapse, fall, etc. of a building;

3. Where it is deemed necessary to conduct a safety examination to prevent disasters;

4. Other cases prescribed by Presidential Decree as likely to infringe on public safety due to lower performance of a building.

(3) Where the Minister of Land, Infrastructure and Transport deems it necessary to conduct a safety examination because the structure of a building is likely to significantly affect the safe use of the public, he or she may request a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to conduct a safety examination, or may request an institution specializing in safety examinations registered pursuant to Article 28 (1) of the Special Act on the Safety Control and Maintenance of Establishments (hereinafter referred to as "institution specializing in safety examinations") or the Korea Authority of Land and Infrastructure Safety under the Act on the Korea Authority of Land and Infrastructure Safety (hereinafter referred to as the "Korea Authority of Land and Infrastructure Safety") to conduct a safety examination. <Amended on Jun. 9, 2020>

(4) An institution specializing in safety examinations or the Korea Authority of Land and Infrastructure Safety which conducts a safety examination pursuant to paragraph (3) may ask interested persons necessary questions or inspect relevant documents, etc. <Amended on Jun. 9, 2020>

(5) An institution specializing in safety examinations or the Korea Authority of Land and Infrastructure Safety which conducts a safety examination pursuant to paragraph (3) shall prepare a report on the results thereof, as prescribed by Presidential Decree, and submit it to the relevant manager, the Minister of Land, Infrastructure and Transport, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Jun. 9, 2020>

(6) Where the Minister of Land, Infrastructure and Transport, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it necessary to take measures, such as repair and reinforcement, based on the results of the safety examination conducted under paragraph (3), he or she may order the relevant manager to take measures, such as repair and reinforcement.

(7) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has conducted a safety examination pursuant to paragraph (3), he or she shall submit a report on the results thereof to the Minister of Land, Infrastructure and Transport.

Article 18(Designation of building management inspection institution) #

(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall designate any of the following persons as a building management inspection institution and notify the relevant manager thereof, as prescribed by Presidential Decree: <Amended on Apr. 30, 2019; Jun. 9, 2020; Mar. 16, 2021>

1. A person who has filed a report on the establishment of an architectural firm under Article 23 (1) of the Certified Architects Act;

2. A construction engineering business entity registered pursuant to Article 26 (1) of the Construction Technology Promotion Act;

3. An institution specializing in safety examinations;

4. The Korea Authority of Land and Infrastructure Safety;

5. Other persons prescribed by Presidential Decree.

(2) The manager shall have a building management inspection institution designated pursuant to paragraph (1) conduct a building management inspection.

(3) The building management inspection institution shall designate a person in charge of inspection to perform its duties.

(4) The inspector shall conscientiously perform his or her duties pursuant to the building management inspection guidelines.

(5) The manager may request the replacement of a building management inspection institution in any of the following cases. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall replace the building management inspection institution and notify the manager thereof, if he or she deems that there is good cause:

1. Where it has been designated as a building management inspection institution by fraud or other improper means;

2. Where it fails to meet the qualification standards for inspectors required for building management inspections;

3. Where the inspector has performed duties in violation of the building management inspection guidelines by intention or gross negligence;

4. Where the building management inspection institution refuses or fails to conduct a building management inspection without good cause.

(6) Necessary matters concerning qualifications of an inspector and considerations for services thereof, etc. shall be prescribed by Presidential Decree.

Article 27(Reinforcement of fire safety performance of existing buildings) #

(1) A manager shall endeavor to continuously maintain the fire safety performance of buildings in order to ensure public safety from fires.

(2) The manager of a building (hereinafter referred to as "building subject to reinforcement") having at least 3 floors and meeting the requirements prescribed by Presidential Decree, such as the total floor area, use, and finishing materials, among any of the following buildings, who has filed an application for building permission under Article 11 of the Building Act [including cases where an application for deliberation by a building committee under Article 4 of the Building Act (hereinafter referred to as "building committee") is filed pursuant to Article 4-2 of the same Act and a report on building construction under Article 14 of the same Act is filed] before this Act enters into force, shall reinforce fire safety performance pursuant to Article 28:

1. Class 1 neighborhood living facilities under Article 2 (2) 3 of the Building Act;

2. Class 2 neighborhood living facilities under Article 2 (2) 4 of the Building Act;

3. Medical facilities under Article 2 (2) 9 of the Building Act;

4. Education and research facilities under Article 2 (2) 10 of the Building Act;

5. Facilities for senior citizens and children under Article 2 (2) 11 of the Building Act;

6. Training facilities under Article 2 (2) 12 of the Building Act;

7. Lodging facilities under Article 2 (2) 15 of the Building Act.

(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the manager of the building subject to reinforcement of the building that it is subject to reinforcement of fire safety performance. In such cases, a person who has an objection to such notice may file an objection, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Apr. 18, 2023>

(4) Notwithstanding paragraph (2), where a management and disposal plan for an improvement project under the Act on the Improvement of Urban Areas and Residential Environments or a project implementation plan for a small-scale housing improvement project under the Act on Special Cases concerning Unoccupied House or Small-Scale Housing Improvement is authorized or is not used for the purpose of reinforcement due to business closure, such buildings shall be excluded from the buildings subject to reinforcement. <Added on Apr. 18, 2023>

Article 28(Implementation of reinforcement of fire safety performance) #

(1) The manager of the building subject to reinforcement shall formulate a plan for the reinforcement of fire safety performance, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and submit it to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to obtain approval for such plan.

(2) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to approve a plan for the reinforcement of fire safety performance under paragraph (1), he or she shall undergo deliberation by the building committee.

(3) The manager of the building subject to reinforcement shall conduct reinforcement pursuant to the plan under paragraph (1) and report the results thereof to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu by December 31, 2025. <Amended on Apr. 18, 2023>

(4) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives a report on the results under paragraph (3), he or she shall review the report and register the results thereof in the building life cycle information system under paragraph (7).

(5) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it necessary to supplement the reinforcement of fire safety performance as a result of an inspection conducted under paragraph (4), he or she may issue an order to supplement such fire safety performance by a specified deadline.

(6) The manager of the building subject to reinforcement who has received an order to supplement under paragraph (5) shall supplement the reinforcement of fire safety performance by the specified deadline and report the results thereof to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Jun. 9, 2020>

(7) The Minister of Land, Infrastructure and Transport shall determine and publicly notify detailed matters concerning the methods and standards of reinforcement of buildings subject to reinforcement, such as replacement of finishing materials, installation of evacuation facilities and fire extinguishing equipment.

Article 30(Permission for dismantlement of buildings) #

(1) Where a manager intends to dismantle a building, he or she shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereafter referred to as "permitting authority" in this Chapter); provided, in any of the following cases, he or she shall be deemed to have obtained permission if he or she files a report, as prescribed by Presidential Decree: <Amended on Apr. 7, 2020>

1. Where a part of a building is dismantled without accompanying the dismantlement of main structural members under Article 2 (1) 7 of the Building Act;

2. Where all of the following buildings are dismantled:

(a) A building with a total floor area of less than 500 square meters;

(b) A building with a height of less than 12 meters;

3. Other cases of dismantlement of a building prescribed by Presidential Decree.

(2) Notwithstanding the proviso, with the exception of its subparagraphs, of paragraph (1), where the manager intends to dismantle a building in any of the following cases, he or she shall obtain permission from the permitting authority: <Amended on Feb. 3, 2022>

1. Where there are facilities prescribed by ordinance of the relevant local government, such as bus stops, entrances to urban railroad stations, and crosswalks, within a certain radius of the area around the relevant building;

2. Where there exists a road with at least the width prescribed by ordinance of the relevant local government within the extent corresponding to the height of the building from the exterior walls of the relevant building;

3. Other cases prescribed by ordinance of the relevant local government in consideration of the surrounding conditions of the relevant building, such as the arrangement of the building and floating population, for safe dismantlement of the building.

(3) A person who intends to obtain permission or make a report pursuant to paragraph (1) or (2) shall submit an application for permission for dismantlement of a building or a report thereon to the competent permitting authority, accompanied with a dismantlement plan prepared pursuant to paragraph (4) or examined pursuant to paragraph (5). <Amended on Feb. 3, 2022>

(4) The dismantlement plan submitted by the person who intends to obtain permission pursuant to the main clause, with the exception of the subparagraphs, of paragraph (1) or paragraph (2) to the competent permitting authority shall be prepared by any of the following persons in compliance with this Act, orders or dispositions issued under this Act, and other relevant statutes and regulations, and shall be affixed with his or her signature and sealed thereon: <Added on Feb. 3, 2022>

1. A person who has filed a report on the establishment of an architectural firm under Article 23 (1) of the Certified Architects Act;

2. A person who has registered the establishment of a professional engineer office pursuant to Article 6 of the Professional Engineers Act and has registered the scope of duties prescribed by Presidential Decree, such as building structure.

(5) The dismantlement plan submitted by the person who intends to file a report pursuant to the proviso, with the exception of the subparagraphs, of paragraph (1) to the competent permitting authority shall be examined by any of the following persons in compliance with this Act, orders or dispositions issued under this Act, and other relevant statutes and regulations, and shall be affixed with his or her signature and sealed thereon: <Added on Feb. 3, 2022>

1. A person who has filed a report on the establishment of an architectural firm under Article 23 (1) of the Certified Architects Act;

(6) The permitting authority shall determine whether to grant permission to dismantle the relevant building or to accept a report on dismantlement thereof, subject to deliberation by the building committee established thereby pursuant to Article 4 (1) of the Building Act, in any of the following cases: <Added on Feb. 3, 2022>

1. Where it is intended to permit the dismantlement of a building under the main clause of paragraph (1), with the exception of its subparagraphs, or paragraph (2);

2. Where a report on dismantlement of a building is received pursuant to the proviso, with the exception of the subparagraphs, of paragraph (1) and the permitting authority deems it necessary to conduct a specialized examination for the safe management of dismantlement of the building.

(7) Where it is deemed necessary to supplement a dismantlement plan, etc. based on the result of deliberation under paragraph (6) or the judgment of the permitting authority, the permitting authority shall request the manager to supplement it within a specified period, and the manager shall comply therewith unless there is good cause. <Added on Feb. 3, 2022>

(8) The permitting authority shall request the Korea Authority of Land and Infrastructure Safety to examine a plan for dismantlement of a building prescribed by Presidential Decree. <Amended on Jun. 9, 2020; Feb. 3, 2022>

(9) The methods of preparing and examining a dismantlement plan under the provisions of paragraphs (3) through (5), the details thereof, the procedures for granting permission to dismantle a building, and other matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 3, 2022>

Article 30-4(On-site inspections) #

(1) In cases prescribed by Presidential Decree, such as where the permitting authority receives a report on the commencement of dismantlement works under Article 30-2 for the prevention of accidents, etc., he or she shall conduct an on-site inspection of the building dismantlement site. <Amended on Feb. 3, 2022>

(2) Where it is found, as a result of an on-site inspection conducted under paragraph (1), that it is difficult to safely conduct dismantlement works, the permitting authority shall immediately order the manager, the supervisor of dismantlement works under Article 31 (1), dismantling workers under Article 32-2, etc. to take necessary measures, such as suspension of such works, and the person in receipt of such order shall take necessary measures, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 3, 2022>

(3) The permitting authority shall confirm whether necessary measures under paragraph (2) have been taken as prescribed by Decree of the Ministry of Land, Infrastructure and Transport and then order the resumption of dismantlement works, etc., and if necessary measures have not been taken, he or she shall not order the resumption of dismantlement works, etc. <Added on Feb. 3, 2022>

(4) The permitting authority may require the building management inspection institution under Article 18 (1) to conduct an on-site inspection under paragraph (1) on his or her behalf. In such cases, the person who conducts such inspection on his or her behalf shall report the results of the on-site inspection in writing to the permitting authority, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and shall immediately take safety measures and then report such fact to the permitting authority if any matter to be taken urgently is found in the course of conducting the on-site inspection. <Added on Feb. 3, 2022>

(5) Where the permitting authority allows a person to perform duties on his or her behalf pursuant to paragraph (4), he or she shall pay a fee prescribed by ordinance of the competent local government within the extent prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 3, 2022>

[This Article Added on Apr. 7, 2020]

[Moved from Article 30-2 <Feb. 3, 2022>]

Article 31(Designation of supervisors of dismantlement works of buildings) #

(1) The permitting authority shall designate a person who has completed education on the supervision of dismantlement works under Article 31-2, among persons qualified as supervisors under the Certified Architects Act or the Construction Technology Promotion Act (excluding the contractor himself or herself and an affiliate company under subparagraph 12 of Article 2 of the Monopoly Regulation and Fair Trade Act), as a supervisor of dismantlement works (hereinafter referred to as "supervisor of dismantlement works"), as prescribed by Presidential Decree, and have the relevant person supervise dismantlement works to safely manage dismantlement works for buildings for which permission to dismantle buildings have been granted. <Amended on Dec. 29, 2020; Feb. 3, 2022>

(2) The permitting authority shall replace the supervisor of dismantlement works in any of the following cases: <Amended on Feb. 3, 2022>

1. Where he or she has submitted documents concerning the designation of the supervisor of dismantlement works by fraud or improper means;

2. Where he or she fails to request correction or suspension of dismantlement works even though he or she has been aware that the relevant manager or dismantlement worker has committed a violation under Article 32-2 while performing his or her duties;

3. Notwithstanding an order for registration under Article 32 (7), where he or she continuously fails to comply with such order without good cause;

4. Other cases prescribed by Presidential Decree.

(3) A supervisor of dismantlement works shall perform supervisory duties at the site of dismantlement works at any time or when necessary; provided, in cases of supervising dismantlement works of buildings prescribed by Presidential Decree in consideration of the methods, scope, etc. of dismantlement works, a person with qualifications or experience prescribed by Presidential Decree shall be assigned as a construction inspector to perform supervisory duties at the site of dismantlement works during the entire period of dismantlement works. <Added on Jun. 10, 2022>

(4) The permitting authority shall restrict the designation of a supervisor of dismantlement works falling under any subparagraph of paragraph (2) for a period not exceeding 1 year. <Added on Feb. 3, 2022; Jun. 10, 2022>

(5) Except as provided in this Act, the details and scope of responsibilities between a manager and a supervisor of dismantlement works shall be prescribed by a contract between the parties. <Amended on Feb. 3, 2022; Jun. 10, 2022>

(6) The Minister of Land, Infrastructure and Transport shall determine the standards for the placement of construction inspectors under the proviso of paragraph (3), as prescribed by Presidential Decree. In such cases, the manager and the supervisor of dismantlement works shall comply therewith, unless there is good cause. <Added on Jul. 27, 2021; Feb. 3, 2022; Jun. 10, 2022>

(7) Necessary matters such as standards for the designation of a supervisor of dismantlement works, methods of designation thereof, and supervision expenses for dismantlement works shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Jul. 27, 2021; Feb. 3, 2022; Jun. 10, 2022>

Article 32(Duties of supervisors of dismantlement works) #

(1) A supervisor of dismantlement works shall perform the following duties: <Amended on Feb. 3, 2022>

1. Verification as to whether dismantlement works are conducted in compliance with the dismantlement plan under Article 30 (3) (where the details of the dismantlement plan are modified according to permission for modification or a report on modification under Article 30-3 (1), referring to the modified dismantlement plan; hereinafter referred to as "dismantlement plan"), which prescribe the order of dismantlement works, dismantlement methods, etc.;

2. Verification as to whether dismantlement works are conducted in compliance with safety management measures, such as preventing fire and collapse, securing traffic safety and safety passages, and preventing plunges and falls at the site;

3. Verification as to whether finishing works are implemented, such as clean-up of the site after dismantlement works, and repair and compensation of the neighboring environment;

4. Verification as to whether construction wastes under subparagraph 1 of Article 2 of the Construction Waste Recycling Promotion Act, which are generated by dismantlement works, are properly treated;

5. Other duties concerning the supervision of dismantlement works determined and publicly notified by the Minister of Land, Infrastructure and Transport.

(2) Where it is impracticable for the supervisor of dismantlement works to safely conduct dismantlement works of a building, he or she shall request the manager and the dismantlement worker under Article 32-2 to correct or suspend the dismantlement works, and the manager and the dismantlement worker shall comply therewith unless there is a compelling reason not to do so. <Amended on Feb. 3, 2022>

(3) Where the manager or the dismantlement worker under Article 32-2 continues the dismantlement works even after receiving a request for correction or suspension thereof under paragraph (2), the supervisor of dismantlement works shall report thereon to the competent permitting authority, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. Upon receipt of such report, the permitting authority shall order the competent permitting authority to suspend dismantlement works without delay. <Amended on Feb. 3, 2022>

(4) Where the manager or the dismantlement worker under Article 32-2 has complied with the request to take measures under paragraph (2) or where he or she intends to resume dismantlement works after receiving an order to suspend work under the latter part of paragraph (3), he or she shall submit an improvement plan necessary for ensuring the safety of buildings to the competent permitting authority for approval. <Amended on Feb. 3, 2022>

(5) In order to enable the permitting authority, etc. to verify whether the dismantlement of a building has been conducted in compliance with the dismantlement plan, the supervisor of dismantlement works shall take and record photographs and videos (referring to photographs and videos on which the date of taking photographs or recording videos is indicated) of the site where the relevant works are in progress in any of the following dismantlement works and store them: <Added on Feb. 3, 2022>

1. Dismantlement works of hold points (referring to points in construction requiring approval from on-site inspections conducted by the supervisor of dismantlement works before proceeding to the following stage of construction works); in such cases, matters necessary for detailed standards, etc. of hold points shall prescribed by Presidential Decree;

2. Dismantlement works deemed by the supervisor of dismantlement works to be significant.

(6) The supervisor of dismantlement works shall daily register the following matters with respect to the dismantlement works conducted on the current day in the building life cycle information system under Article 7: <Added on Feb. 3, 2022>

1. Types of works, details of supervision, matters pointed out, and results of processing such matters;

2. Current status of safety inspection records;

3. Matters specific at the site (details of situations, measures taken, etc.);

4. Matters deemed necessary by supervisors of dismantlement works for site management records.

(7) The permitting authority shall order the supervisor of dismantlement works who fails to register matters falling under the subparagraphs of paragraph (6) to register such matters, and the supervisor of dismantlement works shall comply therewith unless there is good cause. <Added on Feb. 3, 2022>

(8) Where the dismantlement of a building is completed, the supervisor of dismantlement works shall submit a report on the completion of supervision of dismantlement works (including submission with a document in electronic form) to the relevant manager and the permitting authority. <Amended on Feb. 3, 2022>

(9) Matters necessary for the approval of an improvement plan under paragraph (4), the photograph-taking and video-recording and storage thereof under paragraph (5), the preparation of a report on completion of supervision of dismantlement works under paragraph (8), etc. shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 3, 2022>

Article 39(Designation of building management support centers) #

(1) The Minister of Land, Infrastructure and Transport may designate the following institutions as building management support centers in order to efficiently promote the research, development, dissemination, etc. of policies and technologies for building management: <Amended on May 19, 2020; Jun. 9, 2020>

1. The Architecture and Urban Research Institute established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

2. The Korea Authority of Land and Infrastructure Safety;

3. The Korea Institute of Construction Technology established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

4. The Korea Real Estate Board under the Korea Real Estate Board Act;

5. The Korea Land and Housing Corporation established pursuant to the Korea Land and Housing Corporation Act;

6. Other public institutions prescribed by Presidential Decree.

(2) Where the Minister of Land, Infrastructure and Transport designates building management support centers under paragraph (1) or revokes the designation thereof, he or she shall publicly notify such fact in the Official Gazette.

(3) Building management support centers under paragraph (1) shall perform the following duties:

1. Support for formulation and implementation of policies related to building management;

2. Support for consulting on building management;

3. Duties executed vicariously or entrusted by the Minister of Land, Infrastructure and Transport pursuant to this Act;

4. Other duties necessary for systematic management of buildings.

(4) The Minister of Land, Infrastructure and Transport may contribute or subsidize part of the expenses necessary for building management support centers designated pursuant to paragraph (1) in implementing duties under paragraph (3) within the budget.

(5) Matters necessary for the designation as building management support centers, the revocation of designation thereof, etc. under paragraph (1) shall be prescribed by Presidential Decree.

Article 43(Procedures for improvement of unoccupied buildings) #

(1) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has issued an order to dismantle an unoccupied building pursuant to Article 42, and the owner of the unoccupied building fails to comply with such order without any special reason, he or she may dismantle the relevant building ex officio, as prescribed by Presidential Decree.

(2) If the whereabouts of the owner of an unoccupied building to be dismantled pursuant to paragraph (1) is unknown, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall publicly announce it, at least once, in a daily newspaper, and if its owner fails to dismantle it within 60 days from the date of public announcement in the daily newspaper, he or she may dismantle the building ex officio.

(3) In cases falling under paragraphs (1) and (2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall pay reasonable compensation to the owner of the unoccupied building, as prescribed by Presidential Decree. In such cases, if the owner of the unoccupied building refuses to receive the compensation or if it is impossible to pay the compensation due to the unknown whereabouts of the owner of the unoccupied building, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall deposit such compensation.

(4) When dismantling the unoccupied building pursuant to paragraph (1) or (2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall reflect such fact in the Building Register without delay, notify the competent registry office that the unoccupied building has been dismantled under this Act, and shall entrust the competent registry office with cancelling the registration of that building.

Article 46(Accident investigation) #

(1) A manager shall take emergency safety measures without delay in cases of accident occurrence in a building under his or her jurisdiction, and where an accident exceeds the scale prescribed by Presidential Decree occurs, he or she shall notify the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the occurrence of such accident.

(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who is notified of the occurrence of an accident pursuant to paragraph (1) shall notify the Minister of Land, Infrastructure and Transport thereof without delay.

(3) Where the Minister of Land, Infrastructure and Transport is notified of the occurrence of an accident pursuant to paragraph (2), he or she may investigate the cause, etc. of the accident.

(4) The Minister of Land, Infrastructure and Transport may organize and operate the central building accident investigation committee if deemed necessary to investigate an accident, etc. of a building which has caused a greater loss than that prescribed by Presidential Decree.

(5) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may organize and operate a building accident investigation committee, if deemed necessary for investigating an accident, such as collapse, damage, etc. of a building under his or her jurisdiction.

(6) The manager shall actively cooperate with the central building accident investigation committee under paragraph (4) or the building accident investigation committee under paragraph (5) in the preservation of the scene of an accident, the submission of data, the provision of relevant equipment, the hearing of opinions of the relevant persons, etc. necessary for investigating an accident.

(7) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has conducted an accident investigation by the building accident investigation committee under paragraph (5), he or she shall notify the Minister of Land, Infrastructure and Transport of the results thereof without delay.

(8) The Minister of Land, Infrastructure and Transport, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall publicly announce the results of an accident investigation by the central building accident investigation committee under paragraph (4) or the building accident investigation committee under paragraph (5).

(9) Where necessary as a result of an accident investigation, the Minister of Land, Infrastructure and Transport, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order the relevant manager to take corrective measures, such as repair and reinforcement, if necessary.

(10) The central building accident investigation committee under paragraph (4) and the building accident investigation committee under paragraph (5) may be integrated and operated with the central committee for investigating an accident involving an establishment or a committee for investigating an accident involving an establishment under Article 58 of the Special Act on the Safety Control and Maintenance of Establishments.

(11) Where the Minister of Land, Infrastructure and Transport entrusts affairs concerning the operation of the central building accident investigation committee to an institution pursuant to Article 50 (2), he or she may provide contributions or subsidies to cover the expenses incurred in conducting such affairs to the relevant institution. <Added on Feb. 3, 2022>

(12) Matters necessary for the composition and operation of the central building accident investigation committee under paragraph (4) or the building accident investigation committee under paragraph (5), the notification of accident investigations under paragraph (7), the public announcement of the results under paragraph (8), and other relevant matters shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2022>

Article 51(Penalty provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won: <Amended on Feb. 3, 2022>

1. A person who causes a serious damage to a building, in violation of Article 12 (1), thereby posing a risk to the public;

2. A person who causes a serious damage to a building by failing to conduct a periodic inspection under Article 13 (1), an emergency inspection under Article 14 (2), or a safety inspection under Article 16 (1) or failing to conduct a safety inspection faithfully, thereby posing a risk to the public;

3. A person who causes a serious damage to a building by failing to conduct building management inspections or not conducting such inspections faithfully, in violation of Article 18 (4), thereby posing a risk to the public;

4. A person who poses a risk to the public by failing to take measures, such as restrictions on use, prohibition of use, or dismantlement under Article 21 (1);

5. A person who poses a risk to the public by failing to comply with an order issued under Article 21 (3) even after receiving such order;

6. A person who causes a serious damage to a building by failing to take necessary measures, such as repair or reinforcement under Article 22 (1), thereby posing a risk to the public;

7. A person who poses a risk to the public by failing to comply with an order issued under Article 24 (3) even after receiving such order;

8. A person who causes danger to the public by failing to conduct the reinforcement of fire safety performance, in violation of Article 27 (2);

9. A person who causes danger to the public while dismantlement of a building without obtaining permission for dismantlement of a building or with permission for dismantlement of a building obtained by fraud or other improper means, in violation of the main clause, with the exception of the subparagraphs, of Article 30 (1) or Article 30 (2);

10. A person who poses a risk to the public while dismantlement of a building without filing a report thereon or with a report thereon filed by fraud or other improper means, in violation of the proviso, with the exception of the subparagraphs, of Article 30 (1);

11. A person who causes a serious damage to a building by poorly preparing a dismantlement plan under Article 30 (4) (including cases applied mutatis mutandis pursuant to Article 30-3 (1)) or by preparing it in violation of this Act or relevant statutes or regulations, thereby posing a risk to the public;

12. A person who causes a serious damage to a building by poorly reviewing a dismantlement plan under Article 30 (5) (including cases applied mutatis mutandis pursuant to Article 30-3 (1)) or by reviewing it in violation of this Act or relevant statutes or regulations, thereby posing a risk to the public;

13. A person who poses a risk to the public while dismantlement of a building without filing a report on the commencement of dismantlement works or with a report thereon filed by fraud or other improper means, in violation of the proviso of Article 30-2 (1);

14. A person who causes danger to the public while dismantlement of a building without obtaining permission for modification thereof or with permission therefor obtained by fraud or other improper means, in violation of Article 30-3 (1);

15. A person who poses a risk to the public while dismantlement of a building without filing a report on modification thereof or with a report thereon filed by fraud or other improper means, in violation of Article 30-3 (1) or (2);

16. A person who poses a risk to the public by failing to comply with an order issued by the permitting authority to take measures under Article 30-4 (2);

17. A person who causes serious damage to a building by conducting any act falling under the subparagraphs of Article 31 (2), thereby causing danger to the public;

18. A person who poses a risk to the public by failing to faithfully perform the supervision of dismantling works under Article 32 (1);

19. A supervisor of dismantlement works who poses a risk to the public by failing to request correction or suspension of dismantlement works under Article 32 (2);

20. A person who fails to comply with a request by a supervisor of dismantlement works to take corrective measures or who continues dismantlement works in defiance of the request to suspend the works, in violation of Article 32 (2), thereby posing a risk to the public;

21. A person who poses a risk to the public by failing to faithfully perform the duties of dismantling workers, in violation of Article 32-2.

(2) Any person who causes death or injury to a person in the course of committing a crime falling under the subparagraphs of paragraph (1) shall be punished by imprisonment with labor for life at least 1 year.

Article 52(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than 1 year, or by a fine not exceeding 10 million won: <Amended on Jun. 9, 2020; Jul. 27, 2021; Feb. 3, 2022; Jun. 10, 2022>

1. A person who violates Article 12 (1);

2. A person who has been designated as a building management inspection institution under Article 18 (1) by fraud or other improper means;

3. Any person who fails to comply with an order to implement or take corrective measures under Article 22 (2);

4. A person who fails to comply with an order issued under Article 24 (3) even after receiving such order;

5. A person who has received a disposition of business suspension under Article 25 (1) and newly conducts building management inspections during the period of business suspension;

6. A person who fails to conduct the reinforcement of fire safety performance in violation of Article 27 (2) or fails to supplement the reinforcement of fire safety performance within the specified deadline after receiving an order for supplementation pursuant to Article 28 (6);

7. A person who fails to file a report on dismantlement works of buildings or conducts dismantlement works with a report thereon filed by fraud or other improper means, in violation of the proviso, with the exception of the subparagraphs, of Article 30 (1);

8. A person who poorly reviews a dismantlement plan under Article 30 (5) (including cases applied mutatis mutandis pursuant to Article 30-3 (1)) or reviews it in violation of this Act or relevant statutes or regulations;

9. A person who conducts dismantlement works without filing a report on the commencement of dismantlement works or with a report thereon filed by fraud or other improper means, in violation of the proviso of Article 30-2 (1);

10. A person who fails to file a report on modification of dismantlement works or conducts dismantlement works with a report on modification thereof filed by fraud or other improper means, in violation of Article 30-3 (1) or (2);

11. A person who conducts any act falling under Article 31 (2) 2;

12. A person who fails to comply with the standards for placing construction inspectors to ensure the safety of dismantlement works of buildings without good cause, in violation of Article 31 (6);

13. A supervisor of dismantlement works who fails to report to the permitting authority pursuant to Article 32 (3);

14. A person who violates the order to take measures on buildings under Article 41 (1);

15. A person who refuses, interferes with, or evades to report or conduct inspections under Article 45 (1) or (2);

16. A person who fails to comply with the order to take measures under Article 46 (9);

17. A person who divulges confidential information he or she has become aware of in the course of performing his or her duties, in violation of Article 47.

Article 54(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Added on Feb. 3, 2022>

1. A person who conducts any act falling under Article 31 (2) 1, 3, or 4;

2. A supervisor of dismantlement works who fails to faithfully perform the supervision of dismantlement works, in violation of Article 32 (1);

3. A supervisor of dismantlement works who fails to request correction or suspension of dismantlement works under Article 32 (2);

4. A person who fails to take photographs or record videos and store them under Article 32 (5).

(2) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Feb. 3, 2022>

1. A person who fails to submit data under Article 6 (2) or submits false data;

2. A person who fails to conduct a periodic inspection under Article 13 (1), an emergency inspection under Article 14 (2), or a safety inspection under Article 16 (1) or failing to conduct a safety inspection faithfully;

3. A person who fails to perform the duties of building management inspections faithfully, in violation of Article 18 (4);

4. A person who fails to comply with an order issued under Article 21 (3) even after receiving such order;

5. A person who fails to take necessary measures, such as repair or reinforcement under Article 22 (1);

6. A person who fails to inform people who use or utilize the relevant building with facts necessary for taking urgent measures, such as repair or reinforcement pursuant to Article 22 (3);

7. A person who fails to report the results of reinforcement of fire safety performance or makes a false report thereon, in violation of Article 28 (3) and (6);

8. A person who submits a dismantlement plan which is not formulated by a person falling under the subparagraphs of Article 30 (4) (including cases applied mutatis mutandis pursuant to Article 30-3 (1)) to the permitting authority;

9. A person who submits a dismantlement plan which is not reviewed by a person falling under the subparagraphs of Article 30 (5) (including cases applied mutatis mutandis pursuant to Article 30-3 (1)) to the permitting authority;

10. A person who fails to file a report on the results of an on-site inspection under Article 30-4 (4) or files a report thereon by fraud or other improper means;

11. A person who fails to submit a report on the completion of supervision of dismantlement works under Article 32 (8);

12. A person who fails to file a report on the completion of dismantlement works of a building under Article 33 (1);

13. A person who fails to take emergency safety measures under Article 46 (1) or fails to notify the facts of the occurrence of an accident.

(3) Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: <Amended on Jul. 27, 2021; Feb. 3, 2022>

1. A person who fails to file a report on the results of building management inspections under Article 20 (1) or files a report thereon by fraud or other improper means;

2. A person who fails to submit data necessary for evaluating the results of building management inspections under Article 24 (2) or submits data thereon by fraud or other improper means;

3. A person who fails to file a report on modification or files a report thereon by fraud or other improper means, in violation of Article 30-3 (3);

4. A person who violates an order to report or conduct inspections under Article 45 (1) or (2).

(4) Any of the following persons shall be subject to an administrative fine not exceeding 2 million won: <Amended on Feb. 3, 2022>

1. A person who fails to record, store, or maintain information related to building management, such as inspection, repair, or reinforcement of buildings, pursuant to Article 10 (1);

2. A person who fails to formulate or submit a building management plan, in violation of Article 11 (1);

3. A person who fails to replace or repair important facilities pursuant to building management plans formulated or modified in violation of Article 11 (5);

4. A person who fails to enter the results of measures taken in the building life cycle information system, in violation of Article 11 (6);

5. A person who fails to submit a safety inspection report, in violation of Article 16 (5);

6. A person who fails to verify whether matters under Article 20 (2) are implemented;

7. A person who fails to file a report on the results of measures, such as repair or reinforcement, taken in violation of Article 23 (1);

8. A person who fails to file a report on destruction of buildings, in violation of Article 34 (1).

(5) Administrative fines under the provisions of paragraphs (1) through (4) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 3, 2022>

ACT ON THE MANAGEMENT OF BUILDINGS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State and local governments) #

Article 4(Obligations of managers) #

Article 5(Relationship to other statutes) #

Article 6(Fact-finding surveys) #

Article 7(Establishment of building life cycle information system) #

Article 8(Disclosure and utilization of building life cycle information) #

Article 9(Building life cycle management register) #

Article 10(Keeping and provision of information on building management) #

Article 11(Establishment of building management plans) #

Article 12(Maintenance and management of buildings) #

Article 13(Conducting regular inspections) #

Article 14(Conducting emergency inspections) #

Article 15(Conducting inspections of small-scale deteriorated buildings) #

Article 16(Conducting safety examination) #

Article 17(Building management inspection guidelines) #

Article 18(Designation of building management inspection institution) #

Article 19(Notification of building management inspection) #

Article 20(Reporting on results of building management inspection) #

Article 21(Restrictions on use) #

Article 22(Implementation of inspection results) #

Article 23(Reporting on results of measures taken) #

Article 24(Evaluation on results of building management inspection) #

Article 25(Suspension of business of building management inspection institution) #

Article 26(Expense bearing) #

Article 27(Reinforcement of fire safety performance of existing buildings) #

Article 28(Implementation of reinforcement of fire safety performance) #

Article 29 #

Article 29-2(Support for reinforcement of fire safety performance) #

Article 30(Permission for dismantlement of buildings) #

Article 30-2(Report on commencement of dismantlement works) #

Article 30-3(Modification of matters permitted or reported for dismantlement of buildings) #

Article 30-4(On-site inspections) #

Article 31(Designation of supervisors of dismantlement works of buildings) #

Article 31-2(Education of supervisors of dismantlement works) #

Article 32(Duties of supervisors of dismantlement works) #

Article 32-2(Duties of dismantling workers) #

Article 33(Report on completion of dismantlement works of buildings) #

Article 34(Report on destruction of buildings) #

Article 35(Research and development of building management) #

Article 36(Fostering of engineers for building management) #

Article 37(Support for business operators related to building management) #

Article 38(International exchange and cooperation) #

Article 39(Designation of building management support centers) #

Article 40(Establishment and operation of local building management support centers) #

Article 41(Corrective orders for buildings) #

Article 42(Improvement of unoccupied buildings) #

Article 43(Procedures for improvement of unoccupied buildings) #

Article 44(Prevention of disasters in public buildings) #

Article 45(Reporting and inspection) #

Article 46(Accident investigation) #

Article 47(Confidentiality) #

Article 48(Hearings) #

Article 49(Legal fiction as public officials in applying penalty provisions) #

Article 50(Delegation and entrustment of authority) #

Article 51(Penalty provisions) #

Article 51-2(Penalty provisions) #

Article 52(Penalty provisions) #

Article 53(Joint penal provisions) #

Article 54(Administrative fines) #