Overseas Construction Promotion Act


Published: 2012-01-17

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the development of the overseas construction industry and improvement of the balance of international payments by prescribing matters necessary for the promotion of overseas construction, such as declaration of overseas construction business and assistance of overseas works.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "overseas works" means overseas construction works and overseas construction engineering activities;
2. The term "overseas construction works" means works to be executed overseas, such as civil engineering works, architectural works, industrial facilities and equipment works, landscaping works, electric works, information and telecommunications works and other similar works prescribed by Presidential Decree;
3. The term "overseas construction engineering activities" means planning, feasibility studies, designing, analysis, purchase, procurement, testing, supervision, test operation, evaluation, counseling and advising concerning overseas construction works and other similar activities prescribed by Presidential Decree;
4. The term "overseas construction business" means the business of executing overseas construction works or overseas construction engineering activities;
5. The term "overseas construction business operator" means any individual or corporation who makes a declaration of overseas construction business and operates overseas construction business directly or through its local subsidiary;
6. The term "local subsidiary" means a corporation in which an overseas construction business operator has made direct foreign investments as defined in subparagraph 18 of Article 3 of the Foreign Exchange Transactions Act in order to operate overseas construction business.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 3 (Relationship with other Acts)   print
Unless otherwise expressly prescribed in this Act, the Framework Act on the Construction Industry shall apply to overseas construction business: Provided, That the Electrical Construction Business Act shall apply to electrical works, and the Information and Communications Construction Business Act shall apply to information and communication works.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 4 (Assistance to Overseas Construction Business Operators)   print
With regard to governmental assistance to overseas construction business operators, overseas construction business operators shall be construed as trade business operators under related Acts, such as the Foreign Trade Act and the Credit Guarantee Fund Act.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 5 (Formulation of Master Plans to Promote Overseas Construction, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs shall survey the trends of overseas construction markets and opinions of overseas construction business operators on the policy for overseas construction, and establish a long-term master plan to promote overseas construction and an annual implementation plan for overseas construction. <Amended by Act No. 11198, Jan. 17, 2012>
(2) If necessary for the promotion of the overseas construction industry, the Minister of Land, Transport and Maritime Affairs may establish a promotion plan for overseas construction by each field of overseas construction, such as industrial facilities and equipment, engineering, urban development, traffic-related infrastructure, and water-related construction and engineering. <Newly Inserted by Act No. 11198, Jan. 17, 2012>
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
CHAPTER II DECLARATIONS OF OVERSEAS CONSTRUCTION BUSINESS
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 Article 6 (Declarations of Overseas Construction Business)   print
(1) A person who intends to operate overseas construction business shall make a declaration for each kind of business prescribed by Presidential Decree with the Minister of Land, Transport and Maritime Affairs. The same shall also apply to any intended modification of the matters prescribed by Presidential Decree among those declared. <Amended by Act No. 11023, Aug. 4, 2011>
(2) A person eligible to make a declaration of overseas construction business under paragraph (1) shall be as follows: <Amended by Act No. 11023, Aug. 4, 2011>
1. A person who has registered his/her construction business under the Framework Act on the Construction Industry;
2. A person who has registered his/her construction business under the Electrical Construction Business Act;
3. A person who has registered his/her information and communications business under the Information and Communications Construction Business Act;
4. A person who has made a declaration of his/her engineering business under the Engineering Industry Promotion Act;
5. A person who has filed a report on opening a certified architect office under the Architects Act;
6. A person who has registered his/her professional engineer office in the construction field under the Professional Engineers Act;
7. A person who has registered his/her specialized environmental construction business under the Environmental Technology and Industry Support Act;
8. A corporation established by overseas construction business operators through joint investment to perform activities, such as obtaining contracts for overseas works (excluding execution of construction works);
9. A trade business operator or a person prescribed by Presidential Decree, operating business similar to those prescribed in the subparagraphs 1 through 7.
(3) The kinds of business of which a person under paragraph (2) is eligible to make a declaration shall be prescribed by Presidential Decree. <Amended by Act No. 11023, Aug. 4, 2011>
(4) The Minister of Land, Transport and Maritime Affairs shall issue a certificate of declaration of overseas construction business to a person who has filed such declaration under paragraph (1). <Amended by Act No. 11023, Aug. 4, 2011>
(5) Deleted. <by Act No. 5901, Feb. 8, 1999>
(6) Public institutions prescribed by Presidential Decree, among those referred to in the Act on the Management of Public Institutions (hereinafter referred to as "public institutions"), and local public enterprises prescribed by Presidential Decree, among those referred to in the Local Public Enterprises Act (hereafter referred to in this paragraph as "local public enterprises") may operate overseas construction business without declaration, notwithstanding paragraph (1). In such cases, the public institutions and local public enterprises shall be construed as overseas construction business operators in the application of this Act. <Amended by Act No. 11023, Aug. 4, 2011>
(7) Matters necessary for the details of and procedures for declaration under paragraph (1) and other matters shall be prescribed by Presidential Decree. <Amended by Act No. 11023, Aug. 4, 2011>
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 Article 7 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 8 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 9 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
CHAPTER III DECLARATIONS AND REPORTING OF ESTABLISHMENT, ETC. OF LOCAL SUBSIDIARIES
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 Article 10 (Declarations of Establishment, etc. of Local Subsidiaries)   print
Where an overseas construction business operator establishes or acquires a local subsidiary to operate overseas construction business, he/she shall declare the current status thereof to the Minister of Land, Transport and Maritime Affairs or the head of the relevant diplomatic mission abroad, as prescribed by Presidential Decree. In such cases, the head of the diplomatic mission abroad in receipt of such declaration shall notify the Minister of Land, Transport and Maritime Affairs thereof without delay.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 11 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 12 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 13 (Reporting on Status of Overseas Works)   print
Where any overseas construction business operator executes overseas works, he/she shall report to the Minister of Land, Transport and Maritime Affairs on his/her marketing activities and status of execution, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
CHAPTER IV ASSISTANCE, ETC. FOR OVERSEAS WORKS
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 Article 14 Deleted.<by Act No. 5815, Feb. 5, 1999>   print
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 Article 15 Deleted.<by Act No. 5815, Feb. 5, 1999>   print
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 Article 15-2 (Assistance for Small and Medium Construction Business Operators for Overseas Works)   print
(1) The Minister of Land, Transport and Maritime Affairs may provide assistance for the following matters, if necessary for fostering small and medium construction business operators seeking to penetrate new markets for overseas construction:
1. Provision of information related to entry into overseas markets;
2. Counseling and guidance services for obtaining contracts from abroad;
3. Education and training for overseas construction;
4. Other matters prescribed by Presidential Decree, which are deemed necessary for entering into overseas construction markets by small and medium construction business operators.
(2) The Minister of Land, Transport and Maritime Affairs may establish and operate the Small and Medium Contractors Business Center in order to carry out the affairs stipulated in paragraph (1).
(3) Matters necessary for the establishment and operation of the Small and Medium Contractors Business Center under paragraph (2) shall be determined by the Minister of Land, Transport and Maritime Affairs.
(4) The Minister of Land, Transport and Maritime Affairs may entrust the operation of the Small and Medium Contractors Business Center referred to in paragraph (2) to an institution or entity prescribed by Presidential Decree. In such cases, the Minister of Land, Transport and Maritime Affairs may provide it with necessary administrative or financial support.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 15-3 (Support for Overseas Urban Development Projects)   print
(1) The Minister of Land, Transport and Maritime Affairs may provide the following support for revitalizing overseas construction operators' business expansion in the projects implemented in foreign countries to create complexes or urban districts having the functions of residence, commerce, industry, distribution, information and communications, ecology, culture, health, welfare, etc. (referred to as "overseas urban development projects"; hereafter the same shall apply in this Article):
1. Providing information related to overseas urban development projects;
2. Identifying eligible overseas urban development projects;
3. Providing advices on entry into overseas urban development projects;
4. Other matters prescribed by Presidential Decree to support the revitalization of overseas urban development projects.
(2) To perform the affairs prescribed in the subparagraphs of paragraph (1), the Minister of Land, Transport and Maritime Affairs may establish and operate an overseas urban development support center.
(3) Matters concerning the establishment and operation of an overseas urban development support center referred to in paragraph (2) and other necessary matters shall be determined by the Minister of Land, Transport and Maritime Affairs.
(4) The Minister of Land, Transport and Maritime Affairs may entrust the operation of an overseas urban development support center referred to in paragraph (2) to an institution or organization prescribed by Presidential Decree. In such cases, the Minister of Land, Transport and Maritime Affairs may provide it with necessary administrative and financial support.
[This Article Newly Inserted by Act No. 11198, Jan. 17, 2012]
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 Article 16 (Designation, etc. of Exemplary Overseas Construction Business Operators)   print
(1) The Minister of Land, Transport and Maritime Affairs may designate any of the following overseas construction business operators as an exemplary overseas construction business operator (hereinafter referred to as "exemplary business operator"):
1. An overseas construction business operator who has developed a new overseas market or showed superior performance records in obtaining contracts for overseas construction works;
2. An exemplary small and medium business operator seeking to enter an overseas market.
(2) Where deemed necessary to penetrate a new overseas construction market, the Minister of Land, Transport and Maritime Affairs may designate the market as such and have an overseas construction business operator facilitate the entry into new markets.
(3) Matters necessary for standards, procedures, etc. for the selection of exemplary business operators shall be prescribed by Presidential Decree.
(4) Necessary assistance may be provided to an exemplary business operator or an overseas construction business operator who facilitates entry into new overseas construction markets under paragraph (2).
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 17 (Recommendation, etc. of Joint Solicitation of Contracts and Execution)   print
(1) Where the Minister of Land, Transport and Maritime Affairs deems it necessary to strengthen the international competitiveness of overseas construction business operators, or to solicit and execute large scale works, he/she may advise two or more overseas construction business operators to solicit orders or undertake works jointly.
(2) Assistance equivalent to that prescribed in Article 16 (4) may be provided to an overseas construction business operator who jointly solicits orders or executes overseas works in accordance with paragraph (1).
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 17-2 (Investment of Public Institutions in Overseas Works)   print
(1) Any public institution acknowledged as an overseas construction business operator under Article 6 (6) may finance, or invest in, a collective investment scheme, as prescribed in the Financial Investment Services and Capital Markets Act, which is aimed at following investments, for the purpose of revitalizing overseas construction. In such cases, matters related to the maximum amount of financing or investment by public institutions shall be prescribed by Presidential Decree:
1. Investment in overseas works concerning new establishment, expansion, improvement or operation of infrastructure facilities (referring to the infrastructure facilities as defined in subparagraph 1 of Article 2 of the Act on Public-Private Partnerships in Infrastructure; hereafter the same shall apply in this Article);
2. Investment in overseas works for construction projects of facilities equivalent to infrastructure facilities (referring to projects referred to in the subparagraphs of Article 21 (1) of the Act on Public-Private Partnerships in Infrastructure);
3. Acquisition of equities of corporations operating infrastructure facilities, which participate in the relevant construction projects referred to in subparagraph 1 or 2.
(2) Where any public institution intends to finance or invest under paragraph (1), it shall report it to the head of the relevant central administrative agency in charge of the business of the said public institution in advance.
(3) The Government may provide necessary support to promote financing or investment of public institutions under paragraph (1) and identify eligible projects.
(4) Deleted. <by Act No. 11198, Jan. 17, 2012>
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 17-3 (Overseas Construction Promotion Committee)   print
(1) The Minister of Land, Transport and Maritime Affairs may establish and operate the Overseas Construction Promotion Committee to deliberate on the following matters:
1. Establishment of long-term master plans to promote overseas construction, annual implementation plans for overseas construction and promotion plans by field under Article 5;
2. Strategies for entering an overseas construction market and business plans of public institutions acknowledged as overseas construction business operators under Article 6 (6);
3. Support necessary for financing or investment of public institutions under Article 17-2 (1) and identifying eligible projects under paragraph (3) of the same Article;
4. Other matters prescribed by Presidential Decree as important policies concerning overseas construction.
(2) Matters necessary for the composition, operation, etc. of the Overseas Construction Promotion Committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11198, Jan. 17, 2012]
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 Article 18 (Development of Technology)   print
(1) The Minister of Land, Transport and Maritime Affairs may, as prescribed by Presidential Decree, advise an overseas construction business operator who obtains a contract for overseas works, the amount of which exceeds a certain predetermined amount, to invest some of such amount in technological development for the advancement of construction technology.
(2) Assistance equivalent to that prescribed in Article 16 (4) may be provided to an overseas construction business operator investing in technology development in accordance with paragraph (1).
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 18-2 (Nurturing and Management of Overseas Construction Personnel)   print
(1) The Minister of Land, Transport and Maritime Affairs may formulate and take measures to nurture and manage human resources who have expert technology or skill in the field of overseas construction (hereinafter referred to as "overseas construction personnel").
(2) Measures the Minister of Land, Transport and Maritime Affairs formulates under paragraph (1) may include the following:
1. Matters concerning supply of and demand for overseas construction personnel, and practical use thereof;
2. Matters concerning nurturing, education and training of overseas construction personnel;
3. Matters concerning management and authentication of careers of overseas construction personnel;
4. Other matters prescribed by Presidential Decree, which are necessary for nurturing and managing overseas construction personnel.
(3) The Minister of Land, Transport and Maritime Affairs may provide assistance to the relevant organizations, associations, mutual-aid associations and construction business operators that perform duties for the nurturing and management of construction personnel, if necessary for implementing measures for nurturing and managing overseas construction personnel.
(4) Matters for necessary for nurturing and management of and assistance, etc. to overseas construction personnel under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
(5) The Minister of Land, Transport and Maritime Affairs may, as prescribed by Presidential Decree, request the head of the relevant central administrative agencies, institutions operating a retirement benevolent system for construction workers under Article 87 of the Framework Act on the Construction Industry, and any relevant organizations, associations, mutual-aid associations, construction operators, etc. that perform the duties of the nurturing and management of overseas construction personnel, to provide data necessary to nurture and manage overseas construction personnel. In such cases, a person in receipt of such request shall comply therewith, in the absence of justifiable reasons to the contrary.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
CHAPTER V Deleted.
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 Article 19 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 20 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 21 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 22 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
CHAPTER VI OVERSEAS CONSTRUCTION ASSOCIATION
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 Article 23 (Establishment, etc. of Overseas Construction Association)   print
(1) Overseas construction business operators may establish an Overseas Construction Association (hereinafter referred to as the "Association") to protect their rights and interests, to develop overseas construction business in a sound manner, and to efficiently perform overseas works, upon obtaining authorization from the Minister of Land, Transport and Maritime Affairs.
(2) The Association shall be a corporation.
(3) The Association shall be shall be duly formed when the registration for its establishment is completed at the registry office having jurisdiction over its principal place of business.
(4) A person who has made a declaration of overseas construction business may join the Association.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 23-2 (Authorization, etc. for Establishment of Association)   print
(1) For the purpose of establishing the Association, the plan shall be initiated by at least 1/5 of persons eligible to become members of the Association, and obtain consent from at least 1/3 of persons eligible to become members of the Association, and the articles of association shall be formulated by the inaugural general meeting before submission to the Minister of Land, Transport and Maritime Affairs for authorization therefor.
(2) Where the Minister of Land, Transport and Maritime Affairs grants authorization under paragraph (1), he/she shall publicly announce such fact.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 24 (Duties of Association)   print
The Association shall perform the following duties: <Amended by Act No. 11198, Jan. 17, 2012>
1. Collection and analysis of data and information concerning overseas works;
2. Facilitation of international non-governmental cooperation for the promotion of overseas construction;
3. Undertaking studies and making recommendations for institutional improvements related to overseas construction business;
4. Maintenance of dignity of its members;
5. Education, training and welfare services for those involved in overseas construction business;
6. Public relations of overseas construction and publication of periodicals;
7. Joint purchase of machinery and materials for overseas works, and intermediation of financing and foreign loans and provision of guarantees;
8. Consultation to maintain sound order in obtaining contracts for overseas works;
9. Affairs concerning support in confirming performance records of domestic works for obtaining contracts for overseas works;
10. Affairs delegated from the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 25 (General Assembly)   print
(1) The Association shall have a general assembly.
(2) The general assembly shall consist of all members.
(3) Matters necessary for the management, decision-making, etc. of the general assembly shall be prescribed in the articles of association.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 26 (Executives, etc. of Association)   print
(1) The Association shall have one president elected by the general assembly, subject to approval by the Minister of Land, Transport and Maritime Affairs.
(2) The number, term of office and method of electing executives of the Association, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 27 (Guidance and Supervision)   print
If necessary for guidance and supervision of the Association, the Minister of Land, Transport and Maritime Affairs may request the Association to report the details regarding its business or order it to submit data and take other necessary matters.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 28 (Application Mutatis Mutandis of the Civil Act)   print
Unless otherwise expressly provided in this Act, the provisions of the Civil Act regarding incorporated associations shall apply mutatis mutandis to the Association.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
CHAPTER VII SUPERVISION
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 Article 29 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 30 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 31 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 32 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 33 (Substitute Execution)   print
(1) Where overseas reputation is threatened to be tarnished by faulty execution of works by an overseas construction business operator and it is deemed not against the intent of the owner, the Minister of Land, Transport and Maritime Affairs may have another overseas construction business operator (hereinafter referred to as "substitute constructor") substitute and execute the works, as prescribed by Presidential Decree.
(2) Each substitute constructor referred to in paragraph (1) and existing constructor shall transfer and acquire, without delay, all rights and obligations regarding execution of the works in the form of a subcontract or substitute contract.
(3) Where any loss occurs due to the substitute execution under paragraph (1), the Minister of Land, Transport and Maritime Affairs shall provide the substitute constructor with necessary cooperation and assistance to indemnify the loss, as prescribed by Presidential Decree.
(4) When the Minister of Land, Transport and Maritime Affairs deems it necessary to provide assistance under paragraph (3), he/she may request the head of the relevant administrative agency to provide necessary cooperation and assistance.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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 Article 34 (Delegation of Authority)   print
The Minister of Land, Transport and Maritime Affairs may delegate part of his/her authority granted under this Act to the Association, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 35 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
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 Article 36 Deleted.<by Act No. 5901, Feb. 8, 1999>   print
CHAPTER IX PENAL PROVISIONS
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 Article 37 (Penal Provisions)   print
Where an overseas construction business operator falls under any of the following subparagraphs due to discontinuance of overseas works before completion due to faulty execution, he/she shall be concurrently punished by imprisonment for not more than 10 years and by a fine not exceeding 50 million won:
1. A person who causes substitute execution referred to in Article 33 (1);
2. A person who inflicts property loss on a payment guarantor for overseas works.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 38 (Penal Provisions)   print
Where serious destruction or damage occurs to an object of construction due to improper execution of overseas works, during the warranty period of the completed works in question, the relevant overseas construction business operator shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 30 million won.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 39 (Penal Provisions)   print
Any of the following persons shall be punished by imprisonment for not more than one year or a fine not exceeding ten million won:
1. Any person who makes a declaration under Article 6 (1) by deceit or other fraudulent means;
2. Any person who engages in overseas construction business without making a declaration under Article 6 (1).
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
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 Article 40 (Joint Penal Provisions)   print
Where the representative of a corporation or an agent, employee or other servant of the corporation or an individual commits an offence under Articles 37 through 39 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by the fine prescribed in the relevant Articles: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
[This Article Wholly Amended by Act No. 10135, Mar. 17, 2010]
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 Article 41 (Fines for Negligence)   print
(1) Any of the following persons shall be punished by a fine for negligence not exceeding three million won:
1. Any person who fails to make a modified declaration of his/her registration under Article 6 (1);
2. Any person who fails to make a declaration under Article 10, or make a false declaration;
3. Any person who fails to file a report under Article 13, or files a false report.
(2) A fine for negligence under paragraph (1) shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11023, Aug. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994.
Article 2 (Transitional Measures on Dispositions)
The dispositions made in accordance with the former provisions before this Act enters into force shall be deemed those made in accordance with this Act.
Article 3 (Transitional Measures on Licenses for Overseas Construction Business)
Anyone who has obtained his/her license for overseas construction business in accordance with the former provisions at the time this Act enters into force shall be deemed one who has registered his/her overseas construction business in accordance with this Act.
Article 4 (Transitional Measures on Reporting of Registration of Local Subsidiary)
An overseas construction business operator who has established or acquired a local subsidiary on the date this Act enters into force shall, within three months from the date this Act enters into force, report to the Minister of Construction and Transportation on the status of the establishment of the corporation under the amended provisions of Article 10.
Article 5 (Transitional Measures on Reporting of Overseas Works Execution Plan)
Anyone who has obtained a permit of contract or is in the course of application for a permit in accordance with the previous provisions at the time this Act enters into force, shall be considered as having reported under the amended provisions of Article 11 (1).
Article 6 (Transitional Measures on Fund)
(1) The overseas construction promotion fund established under the previous provisions at the time this Act enters into force shall be considered to have been established in accordance with the amended provisions of Article 19.
(2) The rights and duties retained by the overseas construction association regarding assets (credit and liabilities are included herein) and articles belonging to the overseas construction promotion fund at the time this Act enters into force, shall be comprehensively assumed and succeeded by the Minister of Construction and Transportation.
Article 7 (Transitional Measures on Penal Provisions)
The application of penal provisions to acts committed before this Act enters into force shall be governed by the previous provisions.
Article 8 Omitted.
ADDENDA<Act No. 5230, Dec. 30, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1997. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 5386, Aug. 28, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Articles 2 through 8 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. 5726, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 5815, Feb. 5, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
(2) (Transitional Measures on Penal Provisions) In the application of the penal provisions to acts committed before this Act enters into force, the previous provisions shall apply.
ADDENDA<Act No. 5901, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 6 of Article 2 shall enter into force on April 1, 1999.
Article 2 (Transitional Measures on Registration of Overseas Construction Business)
A person who has made a registration of the overseas construction business under the previous provisions of Article 6 at the time when this Act enters into force shall be deemed to have made a notification of the overseas construction business under the amended provisions of Article 6.
Article 3 (Transitional Measures on Fund)
At the time when this Act enters into force, the Overseas Construction Association established under the former provisions of Article 23 shall comprehensively assume and succeed the rights and duties of the Minister of Construction and Transportation with regard to the property (including claims and liabilities) belonging to the Overseas Construction Promotion Fund under the former provisions of Article 19 at the time when this Act enters into force.
Article 4 (Transitional Measures on Administrative Dispositions)
With regard to the administrative dispositions on offenses committed before this Act enters into force, the amended provisions shall apply: Provided, That for the dispositions already made, the former provisions shall apply.
Article 5 (Transitional Measures on Penal Provisions and Fine for Negligence)
The former provisions shall apply to penal provisions or fine for negligence on acts committed before this Act enters into force.
Article 6 Omitted.
ADDENDA<Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 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.
ADDENDUM<Act No. 9059, Mar. 28, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 9545, Mar. 25, 2009>
This Act shall enter into force three 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.
ADDENDUM<Act No. 9856, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions in Article 6 (2) 7 shall enter into force on July 1, 2010.
ADDENDUM<Act No. 10135, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10250, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 11023, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Cited Provisions)
(1) "Report on opening a certified architect office" in the amended provisions of Article 6 (2) 5 shall be construed as "report on a certified architect's business" until May 30, 2012.
(2) "The Environmental Technology and Industry Support Act" and "specialized environmental construction business" in the amended provisions of Article 6 (2) 7 shall be respectively construed as "the Development of and Support for Environmental Technology Act" and "pollution control facilities business" until October 28, 2011.
ADDENDUM<Act No. 11198, Jan. 17, 2012>
This Act shall enter into force six months after the date of its promulgation.