ENFORCEMENT DECREE OF THE MECHANICAL EQUIPMENT ACT

Article 1(Purpose) #

The purpose of this Decree is to provide for matters mandated by the Mechanical Equipment Act and matters necessary for enforcing that Act.

Article 2(Scope of mechanical equipment) #

Equipment prescribed by Presidential Decree in subparagraph 1 of Article 2 of the Mechanical Equipment Act (hereinafter referred to as the "Act") means the equipment specified in Appendix 1.

Article 3(Scope of mechanical equipment engineers) #

(1) "Statutes and regulations prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means the following:

1. The Framework Act on the Construction Industry;

2. The Engineering Industry Promotion Act;

3. The Framework Act on Qualifications.

(2) The scope of mechanical equipment engineers under subparagraph 5 of Article 2 of the Act shall be as specified in Appendix 2.

Article 4 #

Deleted. <Feb. 2, 2021>

Article 5(Formulating master plans to develop mechanical equipment) #

(1) "Matters prescribed by Presidential Decree" in Article 5(1)10 of the Act means the following matters:

1. Domestic and international market prospects for the mechanical equipment industry;

2. Achievements of implementation of the master plans for development of mechanical equipment under Article 5(1) of the Act (hereinafter referred to as the "master plan");

3. Improvement of the productivity of the mechanical equipment industry.

(2) The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies and the heads of local governments to submit materials, if necessary for formulating a master plan.

(3) When the Minister of Land, Infrastructure and Transport formulates a master plan pursuant to Article 5(1) of the Act, he or she shall notify the heads of relevant central administrative agencies thereof.

Article 6(Fact-finding surveys) #

(1) The Minister of Land, Infrastructure and Transport may conduct a fact-finding survey on the following matters (hereinafter referred to as "fact-finding survey") each year pursuant to Article 6(1) of the Act:

1. Current status of domestic and overseas markets in the mechanical equipment industry;

2. Current status of contract awards and sales by field in the mechanical equipment industry;

3. Current status of research and development related to mechanical equipment;

4. Current status of acquisition of technical qualifications in fields related to mechanical equipment;

5. Current status of nurturing specialists, such as current status of education and training under Article 9 of the Act;

6. Current status of preconstruction verifications and pre-use inspections under Article 15 of the Act;

7. Current status of submission of mechanical equipment performance inspection records under Article 17(3) of the Act;

8. Current status of appointment and dismissal of mechanical equipment maintenance managers under Article 19 of the Act;

9. Current status of applications for registration filed under the subparagraphs of Article 17(2) of this Decree among applications for registration of mechanical equipment performance inspection business under Article 21(1) of the Act;

10. Other matters necessary for the development of the mechanical equipment industry.

(2) In order to efficiently conduct a fact-finding survey, the Minister of Land, Infrastructure and Transport may entrust part of the fact-finding survey to organizations and institutions related to the mechanical equipment industry.

(3) Where the Minister of Land, Infrastructure and Transport conducts a fact-finding survey pursuant to paragraphs (1) and (2), he or she may publish the results thereof.

Article 7(Conclusion of agreements on research and development projects for mechanical equipment industry) #

(1) Where the Minister of Land, Infrastructure and Transport concludes an agreement with a public institution, university, college, private organization, or enterprise (hereafter referred to as "public institution, etc." in this Article) to conduct research and development projects necessary for the development of the mechanical equipment industry pursuant to Article 8(1) of the Act, he or she may conclude an agreement by designating a public institution, etc. which is responsible for conducting research and development in the relevant field (hereinafter referred to as "principal research institute") among public institutions, etc. concluding the agreement.

(2) Where the head of a principal research institute deems it necessary for an efficient research and development project, he or she may entrust part of the relevant research and development project to another public institution, etc. which has entered into an agreement to conduct such research and development project.

(3) Matters necessary for the selection of persons eligible to enter into a research and development agreement on the mechanical equipment industry concluded pursuant to Article 8(1) of the Act, procedures for concluding such agreement, etc. shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.

Article 8(Designation of training institutions for specialists) #

(1) "Requirements ... prescribed by Presidential Decree" in Article 9(2) of the Act means the following requirements:

1. It shall have educational facilities and human resources referred to in Appendix 4;

2. It shall have equipment necessary for education;

3. It shall have educational courses and curricula suitable for training mechanical equipment specialists, such as mechanical equipment engineers, etc.;

4. A plan for use of subsidies submitted pursuant to the latter part of paragraph (2) shall be feasible.

(2) A person who intends to be designated as a training institution for specialists under Article 9(2) of the Act (hereinafter referred to as "training institution for specialists") shall submit an application for designation as a training institution for specialists for mechanical equipment in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport (including an application in electronic form; hereinafter the same shall apply) to the Minister of Land, Infrastructure and Transport. In such cases, he or she shall include a plan for use of use expenses incurred in relation to education and training to be subsidized under Article 9(2) of the Act.

(3) Upon receipt of an application for designation under paragraph (2), the Minister of Land, Infrastructure and Transport shall examine whether the applicant meets the requirements for designation under paragraph (1), and shall designate the applicant as a training institution for specialists if deemed appropriate as a training institution for specialists.

(4) Where the Minister of Land, Infrastructure and Transport designates a training institution for specialists pursuant to Article 9(2) of the Act or revokes such designation pursuant to paragraph (5) of that Article, he or she shall post such fact on the website of the Ministry of Land, Infrastructure and Transport.

Article 9(Entrustment of education and training) #

(1) Pursuant to Article 9(3) of the Act, the Minister of Land, Infrastructure and Transport may entrust education and training to any of the following training institutions for specialists:

1. A constructors' association established under Article 50 of the Framework Act on the Construction Industry (hereinafter referred to as the "Association") or a mutual aid association established under Article 54 of that Act, which conducts affairs related to mechanical equipment;

2. A non-profit corporation established with permission from the Minister of Land, Infrastructure and Transport pursuant to Article 32 of the Civil Act, which conducts research related to mechanical equipment;

3. A research institute established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, which conducts research related to mechanical equipment;

4. 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.

(2) Where the Minister of Land, Infrastructure and Transport entrusts education and training pursuant to paragraph (1), he or she shall publicly notify the entrusted institutions and the details of entrusted affairs in the Official Gazette. In such cases, if there are matters necessary for the performance of entrusted affairs, such as methods of handling entrusted affairs, the Minister shall also publicly notify such matters.

(3) Where the Minister of Land, Infrastructure and Transport deems it necessary for the smooth performance of affairs entrusted pursuant to paragraph (1), he or she may partially subsidize expenses incurred in performing such affairs within the budget.

Article 10(Person to conduct project for supporting international cooperation and overseas expansion) #

"Institution or organization prescribed by Presidential Decree" in Article 11(2) of the Act means an institution or organization falling under any subparagraph of Article 9(1).

Article 11(Construction works subject to preconstruction verification and pre-use inspection on mechanical equipment) #

"Mechanical equipment construction work prescribed by Presidential Decree" in the main clause of Article 15(1) of the Act means mechanical equipment construction work for a building falling under Appendix 5 (limited to a building for which building permission is to be sought under Article 11 of the Building Act or the notification of building construction is to be filed under Article 14 of that Act, and including a building on which an administrative disposition is to be imposed deeming that building permission is granted or notification of building construction is filed under other statutes and regulations) or a facility. <Amended on Feb. 2, 2021>

Article 12(Preconstruction verification on mechanical equipment) #

(1) Pursuant to the main clause of Article 15(1) of the Act, a person who intends to obtain verification as to whether the drawings and specifications of mechanical equipment comply with the technical standards under Article 14(1) of the Act (hereinafter referred to as "technical standards") shall submit an application for preconstruction verification for mechanical equipment construction work in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu (the head of the Gu means the head of an autonomous Gu; hereinafter referred to as the "head of the Si/Gun/Gu") prior to the commencement of the relevant mechanical equipment construction work.

(2) Upon receipt of an application for preconstruction verification for mechanical equipment construction work under paragraph (1), the head of the Si/Gun/Gu shall verify whether the details of the relevant drawings and specifications meet the technical standards.

(3) Where the head of the Si/Gun/Gu completes the verification under paragraph (2), he or she shall state his or her opinion on the review, etc. in a written notification of the results of preconstruction verification for mechanical equipment construction work in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport and notify the relevant applicant thereof, and where the head of the Si/Gun/Gu deems that the details of the relevant drawings and specifications are unsuitable for construction for falling short of the technical standards or for other reasons, he or she shall also notify the applicant of matters requiring supplementation.

(4) Where the head of the Si/Gun/Gu notifies the results of preconstruction verification for mechanical equipment construction work pursuant to paragraph (3), he or she shall record and manage the details thereof.

Article 13(Pre-use inspection onf mechanical equipment) #

(1) A person who intends to undergo a pre-use inspection pursuant to the main clause of Article 15(1) of the Act shall submit an application for pre-use inspection of mechanical equipment in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the head of the Si/Gun/Gu. In this case, if the relevant mechanical equipment falls under any of the following cases, he or she may also submit the results of such inspection:

1. Where it has passed an inspection of machinery and equipment subject to inspection under Article 39(2) of the Energy Use Rationalization;

2. Where it has passed a completion inspection under the main clause of Article 16(3) of the High-Pressure Gas Safety Control Act (including where it has been determined to be compliant with supervision standards under the proviso of that paragraph).

(2) Where the head of Si/Gun/Gu receives an application for pre-use inspection on mechanical equipment under the former part, with the exception of the subparagraphs, of paragraph (1), he or she shall inspect whether the relevant mechanical equipment meets the technical standards. In such cases, among the mechanical equipment subject to inspection, the part of the machanical equipment, for which a passing inspection result has been submitted pursuant to the latter part, with the exception of the subparagraphs, of paragraph (1) shall be inspected as complying with the technical standards.

(3) Where the head of the Si/Gun/Gu deems that the relevant mechanical equipment is in compliance with the technical standards based on the results of the inspection conducted under paragraph (2), he or she shall issue a certificate of pre-use inspection in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the relevant applicant.

(4) Where the head of the Si/Gun/Gu deems that the relevant mechanical equipment is unsuitable for use, such as falling short of technical standards based on the results of the inspection under paragraph (2), he or she shall issue an instruction for supplementation, specifying the grounds therefor and the deadline for supplementation.

(5) Where a person in receipt of an instruction for supplementation under paragraph (4) completes supplementation by the deadline for supplementation, the head of the Si/Gun/Gu may issue a certificate of pre-use inspection on mechanical equipment after conducting pre-use inspection under paragraphs (2) and (3) once again without the application procedure under paragraph (1).

Article 14(Inspection and verification of maintenance of mechanical equipment) #

(1) "Buildings, etc., of at least the size prescribed by Presidential Decree" in Article 17(1) of the Act means the following buildings, facilities, etc. (hereinafter referred to as "buildings, etc."): <Amended on Feb. 2, 2021>

1. Buildings with a total floor area of at least 10,000 square meters (excluding multi-family housing and warehouse facilities under subparagraphs 2 and 18 of Article 2(2) of the Building Act) among buildings by use classified pursuant to that Article (hereinafter referred to as "buildings by use");

2. Any of the following multi-family housing among the multi-family housing classified in Article 2(2)2 of the Building Act (hereinafter referred to as "multi-family housing"):

a. Multi-family housing with 500 or more households;

b. Multi-family housing of central heating system (including district heating system) with at least 300 households;

3. Buildings, etc. determined and publicly notified by the Minister of Land, Infrastructure and Transport in consideration of the scale of the relevant building, etc. among the following buildings, etc.:

a. Establishments defined in subparagraph 1 of Article 2 of the Special Act on the Safety Control and Maintenance of Establishments;

b. School facilities defined in subparagraph 1 of Article 2 of the School Facilities Projects Promotion Act;

c. Subway stations under Article 3(1)1 of the Indoor Air Quality Control Act (hereinafter referred to as "subway stations") and underground shopping districts under Article 3(1)2 of that Act (hereinafter referred to as "underground shopping districts");

d. Buildings, etc. owned or managed by the heads of central administrative agencies, the heads of local governments, and other persons determined by the Minister of Land, Infrastructure and Transport.

(2) "Period prescribed by Presidential Decree" in Article 17(3) of the Act means 10 years.

Article 15(Appointment of mechanical equipment maintenance managers) #

(1) "Number of times prescribed by Presidential Decree" in Article 19(2) of the Act means 2 times.

(2) The qualifications and levels of mechanical equipment maintenance managers under Article 19(7) of the Act (including matters regarding the adjustment of levels of mechanical equipment maintenance managers under paragraph (11) of that Article) shall be as specified in Appendix 5-2.

(3) Pursuant to Article 19(12) of the Act, the Minister of Land, Infrastructure and Transport shall entrust the following affairs to an association recognized and publicly notified by the Minister of Land, Infrastructure and Transport as having expertise in the relevant affairs, among the associations conducting affairs related to mechanical equipment:

1. Receipt of reports necessary for the management of workplace, work experience, academic background, qualification, etc. (hereinafter referred to as "workplace, work experience, etc.") of a mechanical equipment maintenance manager and reports on change to reported matters under Article 19(8) of the Act;

2. Maintenance and management of records of workplace, work experience, etc. and the issuance of certificates of workplace, work experience, etc. of mechanical equipment maintenance managers under Article 19(9) of the Act;

3. Request for submission of related materials under Article 19(10) of the Act (such request shall be limited to where it is necessary for handling entrusted affairs);

4. Verification of workplace, work experience, etc., and the results of maintenance education for adjusting levels of mechanical equipment maintenance managers under Article 19(11) of the Act.

(4) The Association entrusted with affairs pursuant to paragraph (3) shall report the results of handling the entrusted affairs to the Minister of Land, Infrastructure and Transport by the end of the following month as of the end of each half-year.

[This Article Wholly Amended on Feb. 2, 2021]

Article 16(Maintenance training) #

(1) The curricula, subjects, etc. of training on maintaining mechanical equipment under Article 20(1) of the Act (hereinafter referred to as "maintenance training") shall be as specified in Appendix 6.

(2) Pursuant to Article 20(2) of the Act, the Minister of Land, Infrastructure and Transport shall entrust maintenance training to the Association determined and publicly notified by the Minister of Land, Infrastructure and Transport among the Associations performing affairs related to mechanical equipment.

(3) Except as provided in paragraphs (1) and (2), matters necessary for the operation and entrustment of maintenance training shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 17(Registration of mechanical equipment performance inspection business) #

(1) "Requirements prescribed by Presidential Decree, such as securing capital and technical personnel" in Article 21(1) of the Act means the requirements for registration of mechanical equipment performance inspection business specified in Appendix 7.

(2) 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 (hereinafter referred to as "Mayor/Do Governor") shall grant registration, except where an application for registration filed under Article 21(1) of the Act falls under any of the following cases:

1. Where an applicant for registration falls within any subparagraph of Article 22(1) of the Act;

2. Where an applicant fails to meet the requirements for registration prescribed in Appendix 7;

3. Other cases which are in violation of any restriction under the Act, this Decree, or any other statute or regulation.

Article 18(Change to matters registered for mechanical equipment performance inspection business) #

"Matters prescribed by Presidential Decree" in Article 21(2) of the Act means any of the following matters:

1. Trade name;

2. Representative;

3. Location of business offices;

4. Technical personnel.

Article 19(Temporary or permanent closure of mechanical equipment performance inspection business) #

(1) Where a person who has filed for registration of mechanical equipment performance inspection business pursuant to Article 21(1) of the Act (hereinafter referred to as "mechanical equipment performance inspection business entity") intends to report the temporary or permanent closure of business operations pursuant to the former part of that Article, he or she shall submit a report on the temporary or permanent closure of business operations in the form prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the Mayor/Do Governor within 30 days from the temporary or permanent closure.

(2) Where a Mayor/Do Governor deletes the registration of a mechanical equipment performance inspection business pursuant to the latter part of Article 21(5) of the Act, he or she shall post the following matters on the website of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province:

1. Date of deletion of registration;

2. Trade name;

3. Location of the main place of business;

4. Grounds for deletion.

Article 20(Criteria for revocation of registration and suspension of business operations) #

The standards for administrative dispositions imposed on mechanical equipment performance inspection business entities under Article 22(2) of the Act shall be as specified in Appendix 8.

Article 20-2(Entrustment of evaluation of performance inspection capability) #

(1) Pursuant to Article 22-2(4) of the Act, the Minister of Land, Infrastructure and Transport shall entrust the evaluation and public announcement of the capability to conduct performance inspections of mechanical equipment to an association recognized and publicly notified by the Minister of Land, Infrastructure and Transport as having expertise in the relevant affairs, among the associations conducting affairs related to mechanical equipment.

(2) The Association entrusted with the affairs pursuant to paragraph (1) shall report the results of handling the entrusted affairs to the Minister of Land, Infrastructure and Transport by the end of the following month as of the end of each half-year.

[This Article Added on Feb. 2, 2021]

Article 21(Processing of personally identifiable information) #

The Minister of Land, Infrastructure and Transport (including persons entrusted with the authority of the Minister of Land, Infrastructure and Transport pursuant to Article 19(12) of the Act) and a Mayor/Do Governor may manage data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if it is essential for conducting the following:

1. Affairs relating to reports on workplace, work experience, etc. of a mechanical equipment maintenance manager and reports on change to reported matters under Article 19(8) of the Act;

2. Affairs relating to registration for the mechanical equipment performance inspection business under Article 21 of the Act;

3. Affairs relating to succession to the status of a mechanical equipment performance inspection business entity under Article 21-2 of the Act.

[This Article Wholly Amended on Feb. 2, 2021]

Article 22(Standards for imposition of administrative fines) #

The standards for imposing administrative fines under Article 30(1) and (2) of the Act are as prescribed in Appendix 10.