Construction Machinery Management Act


Published: 2014-01-28

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to promote the mechanization of construction works by efficiently managing construction machinery and securing the safety of construction machinery by prescribing matters concerning the registration, inspection and type approval of construction machinery, construction machinery business, construction machinery operator's license, etc.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 2 (Definitions)   print
(1) The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11690, Mar. 23, 2013>
1. The term "construction machinery" means machinery that can be used for construction works, which is prescribed by Presidential Decree;
2. The term "construction machinery business" means construction machinery rental business, construction machinery maintenance business, construction machinery sales business, and construction machinery dismantlement business;
3. The term "construction machinery rental business" means business of leasing construction machinery;
4. The term "construction machinery maintenance business" means business of conducting all activities for the smooth use of construction machinery (excluding those prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as minor maintenance), such as disassembling, assembling or repairing construction machinery and working on, manufacturing and replacing its parts;
5. The term "construction machinery sales business" means business of buying and selling secondhand construction machinery, offering good offices for sale, and reporting by proxy any alterations in registered matters arising in consequence of such activities;
6. The term "construction machinery dismantlement business" means business of dismantling, pressing, crushing, cutting, or melting (hereinafter referred to as "dismantling") the apparatus of construction machinery prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport so that they can no more maintain their performance;
7. The term "secondhand construction machinery" means construction machinery that has been acquired by legal acts or provisions of Acts from a person who has manufactured, assembled or imported it, and retains its performance;
8. The term "construction machinery form" means standardized form of construction machinery with regard to the structure, standards, performance, etc.
(2) Construction machinery rental business and construction machinery maintenance business may be subdivided, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
CHAPTER II REGISTRATION OF CONSTRUCTION MACHINERY
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 Article 3 (Registration, etc.)   print
(1) Each owner of construction machinery shall register his/her construction machinery, as determined by Presidential Decree.
(2) Where the owner of construction machinery files for registration under paragraph (1), he/she shall file an application for registration of construction machinery with a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor").
(3) Where a Mayor/Do Governor receives an application for registration of construction machinery under paragraph (2), he/she shall conduct a new registration inspection under Article 13 (1) 1, enter the necessary matters in a construction machinery register, and issue a construction machinery registration certificate to the owner of said construction machinery.
(4) Where a construction machinery registration certificate is lost or worn out, the owner of the construction machinery shall apply for its reissuance, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Matters necessary for registration under paragraph (1), such as the requirements and procedures for registration, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 3-2 (Adjustment of Demand for and Supply of Construction Machinery)   print
(1) Notwithstanding Article 3, the Minister of Land, Infrastructure and Transport may, in cases where it is deemed necessary to adjust demand for and supply of construction machinery, develop a demand and supply plan for construction machinery, which reflects the matters falling under each of the following subparagraphs, and then place restrictions on registration of construction machinery used for business for a specific period up to two years after going through the deliberation thereon by the Construction Machinery Demand and Supply Adjustment Committee provided for in Article 3-3: Provided, That when necessary, such period may be extended through the same procedure; <Amended by Act No. 11055, Sep. 16, 2011; Act No. 11690, Mar. 23, 2013>
1. Current trends and the prospect of the construction industry;
2. Registration of construction machinery and trends in its operation;
3. Current trends and the prospect of the construction machinery rental market;
4. Other matters necessary to develop a plan for adjusting demand for and supply of construction machinery, which are prescribed by Presidential Decree.
(2) The Minister of Land, Infrastructure and Transport shall, in cases where he/she intends to place restrictions on registration of construction machinery used for business pursuant to paragraph (1), publish such restrictions in the Official Gazette and notify the Mayor/Do Governor of the restrictions. The same shall apply where he/she intends to lift the restrictions. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Other necessary matters concerning procedures, etc. for developing a plan for demand for and supply of construction machinery and adjusting demand for and supply of construction machinery shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 3-3 (Establishment, etc. of Construction Machinery Demand and Supply Adjustment Committee)   print
(1) The Construction Machinery Demand and Supply Adjustment Committee (hereinafter referred to as the "Demand and Supply Adjustment Committee") mandated to deliberate on the matters concerning the adjustment of demand for and supply of construction machinery shall be set up in the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Demand and Supply Adjustment Committee shall be composed of not more than 15 members, including one chairperson.
(3) The chairperson of the Demand and Supply Adjustment Committee shall be the Vice Minister of Land, Infrastructure and Transport and its members shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among persons of profound learning and experience in the field of the construction machinery industry. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Other necessary matters concerning the composition, operation, etc. of the Demand and Supply Adjustment Committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8336, Apr. 6, 2007]
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 Article 4 (Ban on Use of Unregistered Construction Machinery)   print
(1) No construction machinery shall be used or operated until it is registered under Article 3 (1): Provided, That where it is temporarily operated before its registration because of a reason prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport this shall not apply. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where construction machinery is temporarily operated under the proviso to paragraph (1), a temporary number plate shall be attached thereto, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 5 (Reporting on Changes in Registered Matters)   print
(1) Where matters of changes exist in registered matters of construction machinery, the owner or possessor of such construction machinery shall report on such fact to the Mayor/Do Governor, as prescribed by Presidential Decree.
(2) Where a person who has registered construction machinery sales business under Article 21 (1) (hereinafter referred to as "construction machinery sales agent") buys or sells construction machinery or offers good offices for its sale, he/she shall report on the changes in registered matters under paragraph (1) in lieu of its buyer: Provided, That this shall not apply where the buyer reports on those changes directly. <Amended by Act No. 11361, Feb. 22, 2012>
(3) Where a person who has purchased construction machinery without the brokerage of a construction machinery sales agent fails to report on the changes in registered matters under paragraph (1), its seller (referring to its owner, the name of which is entered in the construction machinery register at the time of reporting the changes) may report such changes in lieu of the buyer, as prescribed by Presidential Decree.
(4) The Mayor/Do Governor who has received a report on changes under paragraph (3) shall accept it, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 6 (Revocation of Registration)   print
(1) Where registered construction machinery falls under any of the following subparagraphs, the Mayor/Do Governor may, upon application by its owner or ex officio, revoke registration: Provided, That where such construction machinery falls under subparagraph 1 or 8 (limited to cases where such construction machinery is dismantled under Article 34-2 (2)), he/she shall ex officio revoke registration:
1. Where construction machinery is registered by deceit or other illegal means;
2. Where construction machinery is no longer usable or has been destroyed due to a natural disaster or an accident, etc. corresponding thereto;
3. Where the chassis of construction machinery differs from that at the time of registration;
4. Where construction machinery fails to meet construction machinery safety standards under Article 12;
5. Where the owner is notified and fails to undergo a regular inspection by the designated date under Article 13 (5);
6. Where construction machinery is exported;
7. Where construction machinery is stolen;
8. Where construction machinery is dismantled;
9. Where construction machinery is returned to its maker or its seller due to structural manufacturing defects thereon, etc.;
10. Where construction machinery is used for the purposes of education and research.
(2) Each owner of construction machinery shall file an application for the revocation of registration with the Mayor/Do Governor within thirty days from the date on which causes falling under paragraph (1) 2 and 8 (excluding cases of Article 34-2 (2)) through 10 occur, or within two months from the date on which causes falling under paragraph (1) 7 occur, and where causes falling under paragraph (1) 6 occur, an application for the revocation of registration shall be filed before export.
(3) Anyone who files an application for revocation of registration of his/her construction machinery pursuant to paragraph (1) 6 shall report on whether he/she has exported such construction machinery within nine months from the date on which the registration of such construction machinery was revoked to the Mayor/Do Governor, and where he/she has failed to export such construction machinery, he/she shall request a construction machinery dismantlement business operator to dismantle such construction machinery, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or have such construction machinery registered pursuant to Article 3. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where the Mayor/Do Governor intends to revoke registration under paragraph (1), he/she shall notify the owner of construction machinery and interested parties thereto of his/her intention in advance and shall not revoke registration until one month (three months in cases where mortgage is created thereon) passes from such notification.
(5) When a City Mayor/Do Governor intends to revoke registration ex officio pursuant to paragraph (1), he/she may keep in custody or dispose of the certificate of registration of construction machinery, registration number plate and seal of the relevant construction machinery after giving notice pursuant to paragraph (4). <Newly Inserted by Act No. 11361, Feb. 22, 2012>
(6) Procedures for the revocation of registration under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 7 (Keeping, etc. of Construction Machinery Register)   print
(1) The Mayor/Do Governor shall keep and manage construction machinery register, as prescribed by Presidential Decree.
(2) Anyone who intends to be issued a certified copy or an abridged transcript of construction machinery register or to peruse construction machinery register may file an application therefor with the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 8 (Marks of Registration, etc.)   print
(1) A registration number plate shall be attached to registered construction machinery, and a seal shall be put on the plate on which a registration number shall be inscribed, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(2) Where a registration number plate or its seal falls from construction machinery or has become unidentifiable, the owner of the construction machinery shall file an application with the Mayor/Do Governor to attach a registration number plate thereto or put a seal on such registration number plate.
(3) No person shall operate construction machinery without a registration number plate referred to in paragraph (1) attached or sealed thereto: Provided, That the same shall not apply in cases of operating temporarily by attaching a temporary number plate pursuant to Article 4 (2). <Newly Inserted by Act No. 11361, Feb. 22, 2012>
(4) No one shall cover up or damage any registration number plate so that it becomes difficult to identify, and operate such construction machinery. <Amended by Act No. 11361, Feb. 22, 2012>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 8-2 (Designation, etc. of Manufacturers of Registration Number Plates)   print
(1) A person who intends to run business of manufacturing registration number plates and inscribing registration numbers under Article 8 (hereinafter referred to as "manufacturer of registration number plates") shall obtain designation of the Mayor/Do Governor.
(2) Matters necessary for the standards for facilities and equipment to be equipped by manufacturers of registration number plates under paragraph (1) and the procedures for designation shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where manufacturers of registration number plates intend to change designated matters, they shall report thereon to the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Manufacturers of registration number plates may collect service charges from owners of construction machinery for registration number plates manufactured or registration numbers inscribed, within the extent authorized by the Mayor/Do Governor.
(5) Where manufacturers of registration number plates fall under any of the following subparagraphs, the Mayors/Do Governor may cancel such designation:
1. Where they have manufactured registration number plates or inscribed registration numbers by deceit or other illegal means;
2. Where they have refused to manufacture registration number plates or to inscribe registration numbers without justifiable grounds.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 9 (Return of Registration Number Plates)   print
Where either of the following cases arises, owners of registered construction machinery shall remove seals on the registration number plates within ten days and return such registration number plates to the Mayor/Do Governor under conditions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where registration is revoked due to reasons under Article 6 (1) 2, 7 or 8, this shall not apply: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where registration of construction machinery has been revoked;
2. Where matters prescribed by Presidential Decree, among registered matters of construction machinery have been changed;
3. Where an owner of construction machinery files an application to attach a registration number plate thereto or put a seal on such registration number plate pursuant to Article 8 (2).
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 10 (Prohibition from Damaging Registration Numbers)   print
No one shall delete the registration number of construction machinery or perform any act making it difficult to identify such number: Provided, That where permission of the Mayor/Do Governor has been granted or orders of the Mayor/Do Governor under Article 11 have been issued, this shall not apply.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 11 (Orders to Inscribe Registration Numbers)   print
Where the registration number of construction machinery is difficult to identify, the Mayor/Do Governor may order to delete and inscribe it again.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 12 (Construction Machinery Safety Standards, etc.)   print
(1) The structure and mechanism of construction machinery prescribed by Presidential Decree shall meet the performance and standards necessary for the safe operation or use thereof (hereinafter referred to as "construction machinery safety standards").
(2) If construction machinery running on roads under subparagraph 1 of Article 2 of the Road Traffic Act fails to meet construction machinery safety standards, it shall not run on such roads.
(3) Matters necessary for construction machinery safety standards shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9188, Dec. 26, 2008]
CHAPTER III INSPECTION AND CHECKING OF CONSTRUCTION MACHINERY
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 Article 13 (Inspection, etc.)   print
(1) Owners of construction machinery shall be subject to an inspection conducted by the Minister of Land, Infrastructure and Transport with respect to the said construction machinery, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport according to the classification under the following subparagraphs: <Amended by Act No. 9770, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>
1. New registration inspection: Inspections conducted on newly registered construction machinery;
2. Regular inspection: Inspections conducted on construction machinery used for construction works which continue to be operated for not more than three years after the expiration of the effective period of inspection as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and regular inspections conducted on cars in running order, as provided for in Article 62 of the Clean Air Conservation Act and Article 37 of the Noise and Vibration Control Act;
3. Inspection for alteration of structure: Inspections conducted on construction machinery, the principal structure of which is altered or remodeled under Article 17;
4. Occasional inspection: Inspections conducted occasionally on construction machinery which shows bad performance or causes frequent accidents, in order to check the safety, etc., and inspections conducted in compliance with the application that is filed by an owner of construction machinery.
(2) A person who intends to undergo an inspection of construction machinery under paragraph (1) shall file a written application for inspection and present the said machinery to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) When the Minister of Land, Infrastructure and Transport conducts an inspection of construction machinery as prescribed in paragraph (1), he/she shall verify the following matters: <Amended by Act No. 11690, Mar. 23, 2013>
1. Whether the structure, specification, performance, etc. of the relevant construction machinery meets the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
2. Whether the registration number, etc. of the relevant construction machinery is the same as that entered in the construction machinery registration certificate.
(4) With respect to construction machinery subject to regular inspections under paragraph (1) 2 among those which have undergone a new registration inspection provided for in paragraph (1) 1, the Mayor/Do Governor shall issue a construction machinery inspection certificate to the owner of such construction machinery.
(5) The Mayor/Do Governor shall require the owner of construction machinery who has not undergone a regular inspection under paragraph (1) 2 to have a regular inspection, by fixing a period of not more than ten days, within three months from the date of expiration of the effective period for the regular inspection, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(6) The Mayor/Do Governor may order occasional inspections as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in order to check safety, etc. prescribed in paragraph (1) 4. <Amended by Act No. 11690, Mar. 23, 2013>
(7) The Mayor/Do Governor may order the maintenance of construction machinery that has not passed an inspection under paragraph (1) as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(8) When each owner of construction machinery is deemed unable to have his/her construction machinery inspected pursuant to paragraph (1) 2 through 4 on the grounds of natural disasters or other inevitability, the Mayor/Do Governor may extend the period of such inspection, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(9) When an owner of construction machinery fails to follow a peremptory notice on a regular inspection, an order for an occasional inspection or an order for maintenance which are referred to in paragraphs (5) through (7), the City Mayor/Do Governor may keep the registration number plate of the relevant construction machinery in custody. In such cases, the City Mayor/Do Governor shall notify the owner of the relevant construction machinery of the fact that he/she keeps the registration number plate in custody. <Newly Inserted by Act No. 11361, Feb. 22, 2012>
(10) Matters necessary for the method, procedure, etc. of keeping registration number plates in custody referred to in paragraph (9) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 14 (Vicarious Inspections, etc.)   print
(1) The Minister of Land, Infrastructure and Transport may, if it is deemed necessary, designate a person having the facilities and technical capability with respect to inspections on construction machinery to vicariously conduct all or part of an inspection under Article 13. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A person who intends to be designated under paragraph (1) shall be endowed with the facilities and technical manpower conforming to the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where a person designated as an inspection agent (hereinafter referred to as "inspection agent") under paragraph (1) falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may cancel the designation or suspend all or part of business for a period not exceeding six months: Provided, That where the person falls under subparagraph 1, such designation shall be canceled: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where he/she has been designated by deceit or other illegal means;
2. Where he/she has ceased to conform to the standards under paragraph (2);
3. Where he/she has conducted an inspection on construction machinery by illegal means;
4. Where having him/her continue conducting the duties of vicarious inspection is deemed inappropriate due to poor management, etc.;
5. Where he/she has been sentenced to a fine or heavier punishment for violating this Act.
(4) Inspection agents shall provide operational rules for inspection and have them approved by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Inspection agents shall conduct inspection duties according to the criteria of inspection under Article 13 (3) and the operational rules for inspection under paragraph (4).
(6) Inspection agents and employees in charge of inspection duties shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 15 (Reissuance, etc. of Construction Machinery Inspection Certificates)   print
(1) Deleted. <by Act No. 6363, Jan. 16, 2001>
(2) Where a construction machinery inspection certificate has been lost or worn out, the owner of the construction machinery shall request its reissuance, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 9850, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013>
(3) Each owner of construction machinery whose registration has been revoked under Article 6 shall return his/her construction machinery inspection certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 9850, Dec. 29, 2009; Act No. 11690, Mar. 23, 2013>
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 Article 16 Deleted. <by Act No. 6363, Jan. 16, 2001>   print
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 Article 16-2 (Maintenance of Construction Machinery)   print
Where an owner or possessor of construction machinery intends to maintain construction machinery with his/her own maintenance facilities, he/she shall do so within the extent prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport according to the kind and scale of maintenance facilities. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 17 (Alteration, etc. of Structure of Construction Machinery)   print
(1) Where an owner of construction machinery intends to alter or remodel a principal structure of registered construction machinery, he/she shall do so in conformity with construction machinery safety standards.
(2) The extent of alteration and remodeling of a principal structure under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
CHAPTER IV CONSTRUCTION MACHINERY TYPE-APPROVAL
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 Article 18 (Construction Machinery Type-Approval, etc.)   print
(1) A person who intends to manufacture or assemble construction machinery shall be equipped with facilities and technical manpower prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A person who intends to manufacture, assemble, or import (hereinafter referred to as "manufacture, etc.") construction machinery shall obtain construction machinery type-approval from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That in cases of construction machinery prescribed by Presidential Decree, the person who has manufactured, etc. such construction machinery shall report types thereof to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where a person who has obtained type-approval or submitted a type-report under paragraph (2) intends to alter matters concerning such type, he/she shall obtain approval of the Minister of Land, Infrastructure and Transport in cases of matters concerning type approval, and he/she shall report to the Minister of Land, Infrastructure and Transport in cases of matters concerning type-report: Provided, That in cases of alteration of insignificant matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, this shall not apply. <Amended by Act No. 11690, Mar. 23, 2013>
(4) A person who intends to import construction machinery of the same type as that for which type approval has already been obtained or on which type-reporting has already been made as prescribed in paragraph (2) or (3) shall report such type to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Where the Minister of Land, Infrastructure and Transport acknowledges that matters need to be improved for the enhancement of the efficiency and safety of construction machinery among construction machinery types, he/she may grant type-approval under paragraph (2) or (3) on condition of such improvement. <Amended by Act No. 11690, Mar. 23, 2013>
(6) Notwithstanding paragraphs (2) and (3), a person who intends to manufacture, etc. construction machinery for the purposes of research and development, or exportation may neither obtain type approval nor make a type report. <Newly Inserted by Act No. 11361, Feb. 22, 2012>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 19 (Confirmation Inspection, etc. of Construction Machinery)   print
(1) Where a person falling under any of the following subparagraphs has manufactured, etc. construction machinery, he/she shall receive a confirmation inspection, as prescribed by Presidential Decree: Provided, That where construction machinery used in a foreign country has been imported, this shall not apply:
1. A person who has obtained construction machinery type approval as prescribed in Article 18 (2) or (3);
2. A person who has submitted a type-report as prescribed in Article 18 (4) in order to import construction machinery of the same type as that for which type-approval has been obtained.
(2) Where a person who has submitted a type-report on construction machinery as prescribed in Article 18 (2) or (3), or who has submitted a type-report as prescribed in Article 18 (4) in order to import construction machinery of the same type as that on which a type-report has been submitted manufactures, etc. construction machinery, he/she may have a confirmation inspection, as prescribed by Presidential Decree.
(3) Construction machinery which has had a confirmation inspection under paragraph (1) or (2) shall be deemed to have had a new registration inspection under Article 13 (1) 1, and construction machinery manufactured, etc. with the same type by a person who has had a confirmation inspection under paragraph (1) or (2) shall be deemed to have had a confirmation inspection under paragraph (1) or (2) and a new registration inspection under Article 13 (1) 1.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 20 (Follow-Up Services for Construction Machinery Manufactured, etc.)   print
(1) A person who has obtained construction machinery type-approval or submitted a construction machinery type-report (hereinafter referred to as "manufacturer, etc.") as prescribed in Article 18 (2) through (4) shall perform follow-up services, such as supplying parts necessary for maintenance of construction machinery and providing technology and educational data on maintenance and inspection with respect to the construction machinery manufactured, etc. directly, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A manufacturer, etc. shall be equipped with facilities and technical manpower necessary for follow-up services under paragraph (1) according to the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he/she is equipped with facilities and technical manpower prescribed in Article 18 (1), this shall not apply. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where a manufacturer, etc. fails to perform responsibilities concerning follow-up services under paragraphs (1) and (2), the Minister of Land, Infrastructure and Transport may order such manufacturer, etc. to perform such responsibilities. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 20-2 (Correction of Manufacturing Defects)   print
(1) A manufacturer, etc. shall, when a defect is found in construction machinery he/she manufactured, etc., such as failure to comply with construction machinery safety standards or prevention from safe operation or safety of work, make public such fact without delay and take corrective measures under conditions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport shall advise or order manufacturers, etc. who fail to make public the fact of having defects or fails to take corrective measures pursuant to paragraph (1) to make corrections under conditions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport may, when necessary to confirm whether construction machinery manufactured, etc. has defects, have corporations or organizations referred to in Article 38 (2) conduct inspections with regard thereto under conditions prescribed by Presidential Decree. In such cases, manufacturers, etc. shall render cooperation for inspectors' requests for submission of materials. <Amended by Act No. 11690, Mar. 23, 2013>
(4) A manufacturer, etc. shall, when taking corrective measures pursuant to paragraphs (1) and (2), report a plan for corrective measures and the progress thereof to the Minister of Land, Infrastructure and Transport under conditions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall make public the results of the reported corrective measures. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Details of construction machinery safety standards and manufacturing defects subject to corrective measures which are referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(6) When an inspection is conducted pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport shall provide the expenses incurred therefrom. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11055, Sep. 16, 2011]
CHAPTER V CONSTRUCTION MACHINERY BUSINESS
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 Article 21 (Registration, etc. of Construction Machinery Business)   print
(1) A person who intends to run construction machinery business (excluding a local government) shall register his/her construction machinery business with the head of the Si/Gun/Gu (referring to heads of autonomous Gus; hereinafter the same shall apply) according to the categories of business as determined by Presidential Decree. <Amended by Act No. 11361, Feb. 22, 2012>
(2) A person who intends to register his/her construction machinery business pursuant to paragraph (1) shall meet the criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Matters necessary for the registration procedures and the issuance of registration certificates, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11055, Sep. 16, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 22 (Agreements to Lease, etc. Construction Machinery)   print
(1) The parties to a construction machinery lease contract (excluding any subcontract for construction works provided for in Article 22 of the Framework Act on the Construction Industry) shall enter into an agreement to lease, etc. construction machinery. <Newly Inserted by Act No. 12373, Jan. 28, 2014>
(2) The contractual parties under paragraph (1) shall enter into a contract in a fair manner through consultation on equal terms and sincerely perform the contract in good faith. <Amended by Act No. 12373, Jan. 28, 2014>
(3) The contractual parties referred to in paragraph (1) shall clearly specify in the contract lease fees, lease term, and other matters prescribed by Presidential Decree and each shall exchange and keep a copy of the contract on which they affix their signatures and seals.
(4) Where the standardized terms and conditions are used, which undergo examination by the Fair Trade Commission pursuant to Article 19-2 of the Act on the Regulation of Terms and Conditions, such terms and conditions shall be deemed a contract referred to in paragraphs (1) through (3). <Amended by Act No. 12373, Jan. 28, 2014>
(5) When the contractual parties to an agreement under paragraph (1) enter into an agreement, the Minister of Land, Infrastructure and Transport or City Mayors/Do Governors may recommend them to use the standard terms and conditions under paragraph (4). <Newly Inserted by Act No. 12373, Jan. 28, 2014>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 22-2 (Fact-Finding, etc. of Agreements to Lease, etc. Construction Machinery)   print
(1) The Minister of Land, Infrastructure and Transport or City Mayors/Do Governors may periodically investigate to ascertain facts on whether a written contract concerning construction machinery lease, etc. was made.
(2) The Minister of Land, Infrastructure and Transport or City Mayors/Do Governors may request contract-related data from a party to the contract concerning construction machinery lease, etc. In such cases, the contractual party so requested shall comply with such request unless any extenuating circumstance exists.
(3) Matters necessary for the timing, scope, method, etc. of fact-finding investigations under paragraph (1) shall be determined by Presidential Decree.
[This Article Newly Inserted by Act No. 12373, Jan. 28, 2014]
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 Article 23 Deleted. <by Act No. 6069, Dec. 28, 1999>   print
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 Article 24 (Duties of Construction Machinery Business Operators to Report Changes, etc.)   print
A person who has registered construction machinery business under Article 21 (1) (hereinafter referred to as "construction machinery business operator") shall, in cases where reported matters are changed, such business is commenced, suspended, or discontinued, or the suspended business is reopened, report to the head of the Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 24-2 (Collection of Expenses for Keeping and Managing Construction Machinery)   print
Where a person who has requested maintenance of construction machinery does not claim the construction machinery for a long time after the maintenance is completed, a construction machinery business operator may collect the expenses incurred in keeping and managing such construction machinery from the requester, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 25 (Duties of Construction Machinery Sales Agents to Ban Operation of Construction Machinery for Sale)   print
(1) A construction machinery sales agent shall display construction machinery purchased for sale (hereinafter referred to as "construction machinery for sale") at the place of business, and shall neither operate nor use such construction machinery until it is sold from the time of the display except in cases prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as test operation and maintenance. <Amended by Act No. 11690, Mar. 23, 2013>
(2) In any of the following cases, a construction machinery sales agent shall report to the head of the Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11055, Sep. 16, 2011; Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
1. Where he/she has displayed construction machinery for sale at the place of business;
2. Where he/she has sold construction machinery for sale.
(3) Matters necessary for the management of construction machinery for sale displayed at the place of business of a construction machinery sales agent under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11055, Sep. 16, 2011; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 25-2 (Dismantlement of Construction Machinery)   print
(1) A person who has registered construction machinery dismantlement business pursuant to Article 21 (hereinafter referred to as "construction machinery dismantlement business operator") shall, when requested to dismantle construction machinery by construction machinery owners or by the City Mayor/Do Governor, take over the relevant construction machinery and the registration number plate thereof and then issue a document evidencing such fact.
(2) A construction machinery dismantlement business operator shall, when taking over construction machinery and the registration number plate thereof pursuant to paragraph (1), dispose of the registration number plate by the method of cutting after dismantling the relevant construction machinery.
(3) A construction machinery dismantlement business operator shall pay the balance of subtraction of expenses incurred for dismantlement from the value amount of construction machinery to the owner of the construction machinery under conditions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That when expenses for dismantlement exceed the value amount of the construction machinery intended to be dismantled, he/she may receive the excessive expenses from the owner of the construction machinery under conditions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11055, Sep. 16, 2011]
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 Article 25-3 (Obligations of Construction Machinery Business Operators)   print
(1) A construction machinery business operator shall observe the following matters:
1. In cases of renting construction machinery including a construction machinery operator, the operator shall have a relevant construction machinery operator's license;
2. In cases of renting construction machinery, private cars or unregistered construction machinery shall not be rented.
(2) A construction machinery maintenance business operator shall observe the following matters: <Amended by Act No. 11690, Mar. 23, 2013>
1. No construction machinery maintenance business operator shall maintain construction machinery at his/her discretion without a request or consent of a client;
2. A construction machinery maintenance business operator shall allow clients to choose from new parts, used parts or reclaimed goods, etc. for maintenance;
3. A construction machinery maintenance business operator shall issue written estimates of maintenance and statements of maintenance to clients under conditions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and provide post-management following maintenance.
(3) When a construction machinery sales business operator sells or arranges the purchase or sale of construction machinery, he/she shall notify the purchaser of construction machinery of such matters as the presence or non-presence of registration of seizure and mortgage, structure, specifications and performance, etc. in writing before concluding a purchase and sale construct under conditions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(4) A construction machinery dismantlement business operator who is requested to dismantle construction machinery shall, when the construction machinery falls under any of the following subparagraphs, not dismantle the construction machinery:
1. When construction machinery is seized or mortgaged: Provided, That such construction machinery may be dismantled when an interested person submits a deed of cancellation of seizure or mortgage along with a certificate of his/her seal impression;
2. When matters registered are different from matters indicated in the construction machinery registration ledger.
[This Article Newly Inserted by Act No. 11055, Sep. 16, 2011]
CHAPTER VI CONSTRUCTION MACHINERY OPERATOR'S LICENSE
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 Article 26 (Construction Machinery Operator's License)   print
(1) A person who intends to operate construction machinery shall obtain a construction machinery operator's license from the head of the Si/Gun/Gu: Provided, That a person who wishes to operate construction machinery prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall obtain a driver's license under Article 80 of the Road Traffic Act. <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(2) Notwithstanding the main sentence of paragraph (1), where a person has completed the curricula on the operation of small construction machinery prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport at an educational institution designated by the Mayor/Do Governor, he/she shall be deemed to have obtained a construction machinery operator's license, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) A person who intends to obtain a construction machinery operator's license under the main sentence of paragraph (1) shall obtain the technical qualification in the relevant field under the National Technical Qualifications Act and pass the aptitude test.
(4) A construction machinery operator's license under the main sentence of paragraph (1) shall be obtained according to the categories of construction machines as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The issuance of a construction machinery operator's license, the criteria of the aptitude test, and other matters necessary for a construction machinery operator's license shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 27 (Disqualification for Construction Machinery Operator's License)   print
No person who falls under any of the following subparagraphs shall be qualified for a construction machinery operator's license: <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
1. A person who is under 18 years of age;
2. An insane person or an epileptic who may cause danger or impediments to the operation of construction machinery and are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
3. A blind person, deaf person or other handicapped person prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
4. An addict to narcotics, cannabis, or psychotropic drugs or alcohol who may cause danger or impediments to the operation of construction machinery and are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
5. A person for whom one year (two years where the construction machinery operator's license has been canceled due to the causes of subparagraphs 1 and 2 of Article 28) has not elapsed from the date of cancellation of the construction machinery operator's license, or who has been under the suspension of validity of the construction machinery operator's license.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 27-2 (Matters to be Observed by Construction Machinery Operators)   print
(1) No person who has obtained a construction machinery operator's license as prescribed in Article 26 (hereinafter referred to as "construction machinery operator") shall operate construction machinery under the influence of alcohol or drugs. <Amended by Act No. 11361, Feb. 22, 2012>
(2) Standards for a state of intoxication and the kinds of prohibited drugs, etc. referred to in paragraph (1) and the methods of testing them shall be governed by the Road Traffic Act.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 28 (Cancellation or Suspension of Construction Machinery Operator's License)   print
Where a construction machinery operator falls under any of the following subparagraphs, the head of the Si/Gun/Gu may cancel the construction machinery operator's license or suspend the validity of the construction machinery operator's license by specifying a period not exceeding one year, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he/she falls under subparagraph 1 or 2, such construction machinery operator's license shall be canceled: <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
1. Where he/she has obtained the construction machinery operator's license by fraudulent or other illegal means;
2. Where he/she operates construction machinery during the period of suspension of the validity of the construction machinery operator's license;
3. Where he/she falls under any of subparagraphs 2 through 4 of Article 27;
4. Where he/she causes a grave accident intentionally or by negligence during the operation of construction machinery;
5. Where his/her technical qualification in the relevant field is canceled or suspended under the National Technical Qualifications Act;
6. Where he/she lends his/her construction machinery operator's license to another person;
7. Where he/she operates his/her construction machinery in a state of intoxication or narcotic influence, in violation of Article 27-2.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 29 Deleted. <by Act No. 6069, Dec. 28, 1999>   print
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 Article 30 (Duty of Construction Machinery Operators to Report)   print
Where matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to Article 26 have been modified, the relevant construction machinery operator shall report them to the head of the Si/Gun/Gu. <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 30-2 (Management of Careers for Construction Machinery Operators)   print
The Minister of Land, Infrastructure and Transport shall prescribe necessary matters concerning the management of careers, including the work periods, for construction machinery operators who intend to obtain licences for private taxi business provided for in Article 4 of the Passenger Transport Service Act. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 31 Deleted. <by Act No. 6069, Dec. 28, 1999>   print
CHAPTER VII ORGANIZATION OF CONSTRUCTION MACHINERY BUSINESS OPERATORS
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 Article 32 (Establishment of Organization for Construction Machinery Business Operators)   print
(1) Construction machinery business operators may establish an association as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for the purpose of the sound development of construction machinery business and their common interests. <Amended by Act No. 11690, Mar. 23, 2013>
(2) In establishing the association, 1/5 or more of promoters qualified as members of the said association shall draw up articles of association, the inaugural general meeting with 1/3 or more of the qualified members of the said association present shall pass a resolution on the articles of association, and then the establishment of said association shall be approved by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The association shall be a juristic person.
(4) Construction machinery business operators may join the association, as prescribed by the articles of association.
(5) Matters necessary for the articles of association, affairs, supervision, etc. of the association shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(6) Unless otherwise provided for in this Act, the provisions concerning an association in the Civil Act shall apply mutatis mutandis to the association.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 32-2 (Mutual-Aid Business)   print
(1) The association which is established by construction machinery business operators under Article 32 may conduct mutual-aid business, including business of guaranteeing compensation for damage due to construction machinery accidents caused by construction machinery business operators with permission of the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Construction machinery business operators who have joined the mutual-aid business under paragraph (1) shall bear their respective contributions as may be required to conduct the mutual-aid business.
(3) The rates of bearing contributions under paragraph (2) shall be determined upon approval of the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Matters necessary for the details and operation of the mutual-aid business under paragraph (1) shall be prescribed by Presidential Decree.
(5) With respect to the mutual-aid business under paragraph (1), the Insurance Business Act (excluding Article 208 of the same Act) shall not apply.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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 Article 33 (Prohibited Acts of Owners or Possessors of Construction Machinery)   print
(1) Deleted. <by Act No. 6069, Dec. 28, 1999>
(2) No owner or possessor of construction machinery shall obstruct traffic by putting his/her construction machinery on any road or empty lot around residential areas or impair the calm and quiet living environment of residents by making noise or others. <Amended by Act No. 9850, Dec. 29, 2009>
(3) No owner or possessor of construction machinery shall abandon construction machinery on any road or another's land without justifiable grounds. <Amended by Act No. 9850, Dec. 29, 2009>
[This Article Wholly Amended by Act No. 5728, Jan. 29, 1999]
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 Article 34 (Establishment, etc. of the Center for Reporting Non-Payment for Construction Machinery Lease, etc. )   print
(1) Where a construction machinery business operator fails to collect construction machinery lease money, etc. from a person who leased construction machinery or from a third person, or where such collection is delayed, the association established by construction machinery business operators pursuant to Article 32 may establish a center for reporting non-payment of construction machinery lease, etc. (hereafter in this Article referred to as “report center”) in order to assist in the aforementioned collection.
(2) Matters necessary for establishing and operating the reporting center shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12373, Jan. 28, 2014]
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 Article 34-2 (Compulsory Measures, etc. for Construction Machinery)   print
(1) Where an owner or possessor of construction machinery performs any act prohibited under Article 33 (3), the Mayor/Do Governor may demand that he/she dismantle the construction machinery in question or take other necessary dispositions against him/her or order him/her to take an appropriate measure, such as taking back the construction machinery, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where an owner or possessor of construction machinery does not comply with an order made under paragraph (1) after one month has passed from the date of such order, the Mayor/Do Governor may sell or dismantle such construction machinery, as prescribed by Presidential Decree.
(3) Where any act prohibited under Article 33 (3) is performed and the owner or possessor of the construction machinery in question is unidentifiable, the Mayor/Do Governor may sell or dismantle such construction machinery after the period of his/her public notice expires as prescribed by Presidential Decree. In such cases, the Mayor/Do Governor shall make prior public notification on the matters prescribed by Presidential Decree, such as the details of dispositions against the construction machinery for a fixed period of seven or more days.
(4) Where construction machinery is sold or dismantled under paragraph (2) or (3), the expenses incurred in its sale or dismantlement shall be borne by the owner or possessor of the construction machinery. In such cases, the Mayor/Do Governor shall appropriate profits accruing from the sale or dismantlement first for the payment of the expenses, and the balance, if any, shall be paid to the owner or possessor of the construction machinery, whereas if the owner or possessor is unidentified, it shall be deposited pursuant to the Deposit Act.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 34-3 Deleted. <by Act No. 11055, Sep. 16, 2011>   print
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 Article 35 (Reporting, Inspections, etc.)   print
(1) The Minister of Land, Infrastructure and Transport, City Mayors/Do Governors or heads of Sis/Guns/Gus may have a person who falls under any of the following subparagraphs report on his/her facilities or business, or have public officials under his/her control enter the places of business, construction sites, offices or construction machinery to inspect books, papers, construction machinery or other things or ask questions to the persons concerned: <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
1. An owner of construction machinery;
2. A person who manufactures construction machinery number plates, and inscribes registration numbers thereon;
3. An inspection agent;
4. A person who manufactures, etc. construction machinery;
5. A construction machinery business operator:
6. An educational and research institution that uses construction machinery for educational and research purposes pursuant to Article 6 (1) 10.
(2) Public officials who inspect or query under paragraph (1) shall carry a certificate indicating their authority and present it to the persons concerned.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 35-2 (Administrative Dispositions Against Construction Machinery Business Operators)   print
(1) When a construction machinery business operator falls under any of the following subparagraphs, the City Mayor/Do Governor may cancel the relevant registration or order the suspension of all or some of the business for a fixed period up to six months: Provided, That when falling under subparagraph 1 or 5, he/she must cancel the relevant registration:
1. When a construction machinery business operator obtains registration by false or other unjust methods;
2. When a construction machinery business operator fails to commence business within six months from the date of registration;
3. When a construction machinery business operator fails to meet the criteria for registration referred to in Article 21 (2);
4. When a construction machinery business operator fails to make a report for change or makes a false report, in violation of Article 24;
5. When a construction machinery business operator conducts business during the period of suspension of business in violation of City Mayor/Do Governor's order for suspension of business;
6. When a construction machinery business operator violates this Act or orders or dispositions issued by this Act.
(2) No business operator whose registration is cancelled pursuant to the proviso to paragraph (1) shall obtain construction machinery business registration referred to in Article 21 till the lapse of one year from the date of cancellation.
(3) Matters necessary for criteria and procedure of administrative dispositions referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11055, Sep. 16, 2011]
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 Article 36 (Hearings)   print
Where the Minister of Land, Infrastructure and Transport, a City Mayor/Do Governor or a head of a Si/Gun/Gu intends to take a disposition falling under any of the following subparagraphs, he/she shall hold a hearing: <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
1. Cancellation of designation as manufacturers of registration number plates under Article 8-2 (5);
2. Cancellation of designation as inspection agents under Article 14 (3) and suspension of business;
3. Cancellation of a construction machinery operator's license under Article 28 and suspension of validity.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 37 (Fees)   print
(1) A person who falls under any of the following subparagraphs shall pay the fees prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>
1. A person who files an application for registration under Article 3 (2);
2. A person who reports changes in registered matters under Article 5;
3. A person who files an application for the revocation of registration under Article 6;
4. A person who files an application for the issuance or inspection of a certified transcript or abstract of a construction machinery register under Article 7 (2);
5. A person who files an application for inspection under Article 13;
6. A person who files an application for type-approval, alteration of type-approval, confirmation inspection, or submits a type-report or a report on alteration of a type under Article 18 or 19;
7. A person who registers his/her construction machinery business under Article 21 (1);
8. A person who reports changes under Article 24;
9. A person who files an application for a construction machinery operator's license under the main sentence of Article 26 (1);
10. A person who files an application for reissuance of a construction machinery registration certificate, a construction machinery inspection certificate, a construction machinery business registration certificate, a construction machinery operator's licence, etc.
(2) Fees referred to in paragraph (1) shall be paid with revenue stamps or revenue certification stamps, or with electronic money or by such methods as electronic payment referred to in Article 14 of the Electronic Government Act. <Amended by Act No. 11361, Feb. 22, 2012>
(3) Notwithstanding paragraph (2), the following persons shall pay in cash the fees under paragraph (1) to an inspection agent, or a person entrusted with type-approval, etc.:
1. A person who files an application for an inspection with an inspection agent;
2. A person who files an application for type-approval, alteration of type-approval, or confirmation inspection, or submits a type-report or a report on alteration of a type to a person entrusted with such business under Article 38 (2).
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 38 (Delegation and Entrustment of Authority)   print
(1) Part of authority of the Minister of Land, Infrastructure and Transport as provided for in this Act may be delegated to a City Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of an agency under the jurisdiction of the Ministry, as prescribed by Presidential Decree. <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
(2) Affairs of the Minister of Land, Infrastructure and Transport as provided for in Article 18, such as approving types, receiving type-reports, approving alteration of types, receiving reports on alteration of types, conducting a confirmation inspection under Article 19, managing the careers of construction machinery operators under Article 30-2, and installing and operating of a computerized information processing system under Article 39-2 may be entrusted to a corporation or organization falling under any of the following subparagraphs, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11919, Jul. 16, 2013>
1. The Korea Institute of Construction Technology provided for in the Act on the Establishment, Operation and Fosterage of Government-Funded Science and Technology Institutions;
2. Inspection agents;
3. The association of construction machinery business operators provided for in Article 32;
4. Other corporations or organizations determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 39 (Relationship with other Acts)   print
With respect to construction machinery, the Motor Vehicle Management Act shall not apply.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 39-2 (Computerized Processing of Construction Machinery Management Business)   print
(1) The Minister of Land, Infrastructure and Transport may, if necessary for the efficient management of construction machinery, handle business provided for in this Act by means of a computerized information processing system, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A person who intends to use data processed by a computerized information processing system referred to in paragraph (1) (hereinafter referred to as "computerized data") shall obtain approval from the Minister of Land, Infrastructure and Transport after an examination by the heads of relevant administrative agencies of the central government is made, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport may, upon receipt of a request for granting approval referred to in paragraph (2), grant approval only if he/she deems that the approval neither impede the efficient conduct of construction machinery management business nor infringe the privacy and freedom of the owners of construction machinery, etc. In such cases, the Minister of Land, Infrastructure and Transport may grant approval, limiting the use thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where the Minister of Land, Infrastructure and Transport entrusts a corporation or organization with the affairs of installing and operating of computerized information processing system under paragraph (1), he/she may support expenses incurred therefrom. <Newly Inserted by Act No. 11919, Jul. 16, 2013>
(5) Matters necessary for applicability of use of computerized data, criteria for examination and approval, etc. which are referred to in paragraphs (2) and (3), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11919, Jul. 16, 2013>
[This Article Newly Inserted by Act No. 11361, Feb. 22, 2012]
CHAPTER IX PENAL PROVISIONS
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 Article 40 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won: <Amended by Act No. 11055, Sep. 16, 2011>
1. A person who uses or operates unregistered construction machinery in violation of the provisions of Article 4;
2. A person who uses or operates construction machinery registration of which is revoked under Article 6;
3. A person who manufactures registration number plates or inscribes registration numbers thereon without being designated by the Mayor/Do Governor, in violation of the provisions of Article 8-2 (1);
3-2. A person who fails to perform an order for correction referred to in Article 20-2 (2);
4. A person who runs construction machinery business without registering his/her business or falsely registers his/her business, in violation of the provisions of Article 21;
5. A person who continues to conduct construction machinery business as a construction machinery business operator whose registration is cancelled or whose business is wholly or partially suspended pursuant to Article 35-2 (1).
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 41 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won: <Amended by Act No. 11055, Sep. 16, 2011; Act No. 11361, Feb. 22, 2012>
1. A person who operates or uses construction machinery for sale, in violation of the provisions of Article 25 (1);
1-2. A person who refuses to issue documents evidencing the takeover of dismantlement or issues false documents in violation of Article 25-2 (1);
1-3. A person who fails to dismantle construction machinery requested to be dismantled or fails to dispose of registration number plates in violation of Article 25-2 (2);
2. A person who operates construction machinery without obtaining a construction machinery operator's license under the main sentence of Article 26 (1);
2-2. A person who acquires a construction machinery operator's license referred to in Article 26 by false or other unjust methods;
2-3. A person who issues false evidential documents regarding the completion of educational courses on the operation of small construction machinery referred to in Article 26 (2);
3. A person who continues to operate construction machinery after his/her construction machinery operator's license is cancelled or its validity is suspended under Article 28;
4. A person who abandons construction machinery on any road or other's land, in violation of the provisions of Article 33 (3);
5. Deleted. <by Act No. 11055, Sep. 16, 2011>
6. Deleted. <by Act No. 11055, Sep. 16, 2011>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
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 Article 42 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding one million won:
1. A person who deletes a registration number or makes it hard to identify, in violation of the provisions of Article 10;
2. A person who fails to undergo an inspection for alteration of structure or an occasional inspection under Article 13 (1);
3. A person who fails to comply with a maintenance order under Article 13 (7);
4. A person who manufactures, etc. construction machinery without obtaining type-approval, approval for alteration of type, or confirmation inspection under the main sentence of Article 18 (2), 18 (3), or 19 (1);
5. A person who fails to comply with an order for follow-up services under Article 20 (3).
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
law view
 Article 43 (Joint Penal Provisions)   print
When a representative of a corporation, or an agent, employee or other worker of a corporation or individual commits any violation under Articles 40 through 42 with respect to the business of the corporation or individual, in addition to the punishment of such person, the corporation or individual shall also be punished by a fine under each relevant Article: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violations, this shall not apply.
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
law view
 Article 44 (Administrative Fines)   print
(1) Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended by Act No. 12373, Jan. 28, 2014>
1. A person who fails to prepare a construction machinery lease agreement in violation of Article 22 (1);
2. A person who fails to report on facilities or duties under Article 35 (1) or submits a false report thereon;
3. A person who refuses, obstructs, or evades an inspection or inquiry by relevant public officials under Article 35 (1).
(2) Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 11055, Sep. 16, 2011; Act No. 11361, Feb. 22, 2012; Act No. 12373, Jan. 28, 2014>
1. A person who fails to report on the exportation of his/her construction machinery or fails to dismantle his/her construction machinery or to register his/her construction machinery, in violation of Article 6 (3);
2. A person who fails to attach and seal his/her registration number plate or to have his/her registration number inscribed thereon, in violation of Article 8 (1);
2-2. A person who operates construction machinery without a registration number plate attached and sealed thereto, in violation of Article 8 (3);
3. A person who hides or defaces his/her registration number plate, leaving his/her construction machinery unidentifiable, or operates such construction machinery, in violation of Article 8 (4);
4. A person who violates an order to have a registration number inscribed under Article 11;
5. A person who operates construction machinery not meeting construction machinery safety standards on roads, or allows such construction machinery to operate on any road, in violation of Article 12 (2);
6. A person who fails to submit data concerning an agreement related to a construction machinery lease, etc. without any justifiable ground, in violation of Article 22-2 (2);
7. A person who violates the obligations of construction machinery business operators referred to in Article 25-2.
(3) Any of the following persons shall be punished by an administrative fine not exceeding 500,000 won: <Amended by Act No. 11055, Sep. 16, 2011>
1. A person who operates construction machinery without attaching a temporary number plate, in violation of Article 4 (2);
2. A person who fails to report or submits a false report under Article 5 (1) or (2);
3. A person who fails to file an application to revoke registration under Article 6 (2);
4. A person who fails to submit a report on alteration or submits a false report on alteration, in violation of Article 8-2 (3);
5. A person who fails to surrender a registration number plate, in violation of Article 9;
6. A person who fails to undergo a regular inspection under Article 13 (1) 2;
7. A person who maintains construction machinery, in violation of Article 16-2;
8. A person who fails to submit a report under Article 18 (2) (proviso), (3), or (4);
9. A person who fails to submit a report under Article 24 or submits a false report;
10. A person who fails to submit a report under Article 25 (2) or submits a false report;
11. A person who fails to submit a report under Article 30 or submits a false report;
12. A person who places construction machinery on any road or empty lot, in violation of Article 33 (2).
(4) Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, City Mayors/Do Governors or heads of Sis/Guns/Gus, as determined by Presidential Decree. <Amended by Act No. 11361, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9850, Dec. 29, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994.
Article 2 (Transitional Measures with respect to Registered Heavy Machines, etc.)
(1) Heavy machines registered under the previous provisions at the time of enforcement of this Act shall be deemed construction machinery registered under Article 3 (1).
(2) A heavy machine registration certificate issued under the previous provisions at the time of enforcement of this Act shall be deemed a construction machinery registration certificate issued under Article 3 (3).
Article 3 (Transitional Measures with respect to Heavy Machine Inspection)
A heavy machine inspection conducted under the previous provisions of Article 12 (1) at the time of enforcement of this Act shall be deemed a construction machinery inspection under Article 13 (1) and a heavy machine inspection certificate issued under the previous provisions of Article 12 (3) shall be deemed a construction machinery inspection certificate or certificate of construction machine operational situation record issued under Article 13 (4).
Article 4 (Transitional Measure Against Acting Heavy Machine Inspection Agent)
A person who has been designated as an acting heavy machine agent under the previous provisions of Article 12-2 (1) at the time of enforcement of this Act shall be deemed to have been designated as an acting inspection agent under Article 14 (1).
Article 5 (Transitional Measure with Respect to Form Approval of Heavy Machines)
(1) A person who has obtained the form approval to make and assemble heavy machines under the previous provisions of Article 13 (2) at the time of enforcement of this Act shall be deemed a person to have obtained the form approval to manufacture and assemble construction machines under Article 18 (1).
(2) At the time of enforcement of this Act, heavy machines that have undergone confirmation inspection under the previous Article 13 (3) shall be deemed construction machines that have undergone confirmation inspection under Article 18 (4) of this Act.
Article 6 (Transitional Measure with Respect to Heavy Machine Entrepreneurs)
A person who has obtained permission for a heavy machine leasing business or heavy machine maintenance business under the previous provisions of Article 14 (1) at the time of enforcement of this Act shall be deemed a person to have reported a construction machine leasing business or construction machine maintenance business under Article 21 (1).
Article 7 (Transitional Measures with Respect to Heavy Machine Operator's License, etc.)
(1) A person who has obtained a heavy machine operator's license under the previous provisions of Article 19 (1) at the time of enforcement of this Act shall be deemed a person to have obtained the said construction machine operator's license under the main sentence of Article 26 (1).
(2) A person who has passed the aptitude test under the previous provisions of Article 19 (2) at the time of enforcement of this Act shall be deemed to have passed the aptitude test under Article 26 (3).
(3) A person who has passed the regular aptitude test under the provisions of Article 22 at the time of enforcement of this Act shall be deemed to have passed the regular aptitude test under Article 29.
Article 8 (Transitional Measure with Respect to Dispositions, etc.)
Except for Articles 2 through 7 of the Addenda, in cases where administrative dispositions such as approvals, permissions, and orders, made under the previous provisions at the time of enforcement of this Act contain the provisions corresponding to provisions in this Act, the said administrative dispositions shall be deemed to have been made under this Act.
Article 9 (Amendments, etc. to Other Acts)
(1) through (19) Omitted.
(20) Except for paragraphs (1) through (19), at the time of enforcement of this Act, if other Acts cite the provisions of the previous Heavy Machines Management Act and where this Act contains corresponding provisions, this Act or the corresponding provision of this Act shall be deemed to have been cited in lieu of the previous provisions.
ADDENDA <Act No. 5303, Mar. 7, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5728, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 2 (1) 6 and Article 34-3 shall enter into force eight months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penal Provisions)
The application of penalties to an offense committed prior to the enforcement of this Act shall be governed by the previous provisions.
Article 3 Omitted.
ADDENDA <Act No. 5905, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Suspension of Use of Construction Machines)
With respect to construction machines which were subjected to the disposition of suspension of use under the previous provisions of Article 34 prior to the entry into force of this Act, the previous provisions shall apply.
ADDENDA <Act No. 6069, Dec. 28, 1999>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures for Sealers of Registration Number Plates) A person who has been designated as a sealer of registration number plates under the previous provisions of Article 8-2 (1) at the time of the enforcement of this Act shall be deemed to have been designated as a manufacturer of registration number plates under the amendments to Article 8-2 (1).
(3) (Transitional Measures concerning Penal Provisions and Fine for Negligence) In applying the penal provisions and the fine for negligence against the offenses prior to the enforcement of this Act, the previous provisions shall govern.
ADDENDA <Act No. 6363, Jan. 16, 2001>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amendments to Articles 16, 37, 40, and 44 (1) 8 shall enter into force on January 1, 2002.
(2) (Transitional Measures on Penal Provisions and Fine for Negligence) In applying the penal provisions and fine for negligence against the acts committed prior to the enforcement of this Act, the previous provisions shall govern.
ADDENDA <Act No. 7545, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 8336, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promultion: Provided, That the amended provisions of Article 13 (1) 2 shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Former Construction Machinery Business Operator)
Any construction machinery business operator who has submitted a report to the Mayor/Do Governor pursuant to the previous provisions prior to this Act enters into force shall be deemed the construction machinery business operator who registers his/her construction machinery business pursuant to the amended provisions of this Act.
Article 3 (Transitional Measures concerning Penal Provisions and Fine for Negligence)
The application of the penal provisions and fines for negligence to the acts committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 8369, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8980, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on July 14, 2008.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 9188, Dec. 26, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9850, Dec. 29, 2009>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 43 shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Penal Provisions and Fines for Negligence) In applying penal provisions (excluding joint penal provisions under Article 43) and fines for negligence to any acts committed before this Act enters into force, the previous provisions shall govern.
ADDENDA <Act No. 11055, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after its promulgation: Provided, That the amended provisions of Article 3-2 shall enter into force three months after the promulgation.
Article 2 (Applicability to Demand and Supply of Construction Machinery)
The amended provisons of Article 3-2 shall apply to adjustment of demand and supply of construction machinery on and after this Act enters into force.
Article 3 (Applicability to Correction of Manufacturing Defects)
The amended provisions of Article 20-2 shall apply to construction machinery which is first manufactured, etc. for sale on and after this Act enters into force.
Article 4 (Transitional Measures concerning Penal Provisions and Fines for Negligence against Offenses)
The application of penal provisions and fines for negligence to offenses committed before this Act enters into force shall be governed by the former provisions.
Article 5 (Temporary Exemption from Obligation to Report Performance of Exportation)
Notwithstanding Article 6 (3), when the revocation of registration is requested pursuant to Article 6 (1) 6 during a period from the date on which this Act is promulgated to December 31, 2013, the performance or non-performance of exportation may not be reported.
ADDENDA <Act No. 11361, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation: Provided, That the amended provisions of Articles 8, 41 and 44 shall enter into force on the date of the promulgation, where as the amended provisions of subparagraphs 2 and 4 of Article 27, shall enter into force three months after promulgation.
Article 2 (Transitional Measures concerning Dispositions, etc. Following Former Acts)
Administrative dispositions or other acts issued or conducted by administrative agencies, or registrations or reports or other acts filed with or conducted for administrative agencies pursuant to the former Articles 21 (1), 24, 25 (3), 26 (1), 28, 30, 35 and 36 at the time this Act enters into force shall be deemed acts conducted by or for administrative agencies or under this Act in correspondence thereto.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11919, Jul. 16, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12373, Jan. 28, 2014>
This Act shall enter into force six months after the date of its promulgation.