CONTENTS
- 1. Construction Technology Promotion Act | Definition
- - The Concept of Construction Technology and Construction Project Management
- - Scope of Regulation and Purpose
- 2. Construction Technology Promotion Act | Major Types of Violations and Levels of Punishment
- - Defective Construction and Causing Defects in Major Structural Parts
- - Violation of Quality Control and Safety Management Duties
- - Name Lending and Unregistered Business
- 3. Construction Technology Promotion Act | If You Are an Ordering Agency?
- - Key Points for Review by the Ordering Authority
- 4. Construction Technology Promotion Act | If You Are a Construction Business Operator?
- - Key Points for Review by the Construction Business Operator
- 5. Construction Technology Promotion Act | The Need for Legal Advisory
- - Daeryun's Legal Response System
1. Construction Technology Promotion Act | Definition
The Construction Technology Promotion Act is a statute enacted for the purpose of the proper execution of construction works, the improvement of quality, and the securing of safety.
It sets out the various legal obligations of ordering authorities, construction business operators, construction engineers, and others that arise during the construction process, and a violation that causes defective construction or a safety accident becomes subject to heavy criminal punishment and administrative sanctions.
The Concept of Construction Technology and Construction Project Management
What Is Construction Technology?
Performing this work under another party's commission is referred to as construction engineering, while the activity of managing construction work so that it is properly carried out in accordance with relevant statutes, design documents, and similar materials is defined as construction project management.
This Act sets out clear allocation of responsibility among each party in order to secure transparency in construction work.
Scope of Regulation and Purpose
The Construction Technology Promotion Act aims, as its ultimate purpose, not merely to support the development of technology but to contribute to the promotion of public welfare and the development of the national economy.
Accordingly, where a violation of the regulations causes a defect in a major facility or leads to a safety accident accompanied by casualties, the matter is regarded as directly connected to the national economy and public safety, and very serious liability may be imposed.
2. Construction Technology Promotion Act | Major Types of Violations and Levels of Punishment
Violations of the Construction Technology Promotion Act mainly arise in the form of serious consequences resulting from defective construction, breach of quality and safety management duties, and lending of one's name or operating a business without registration.
Where actual casualties or harm to structural safety occur, heavy criminal punishment may be possible, and even where matters do not lead to an accident, failure to establish a plan, failure to conduct a safety inspection, and commencing construction without approval may be subject to criminal punishment or an administrative fine.
Defective Construction and Causing Defects in Major Structural Parts
From the commencement of construction until the end of the defect liability period, where a major part of a facility designated by Presidential Decree, such as a bridge, tunnel, or railway, suffers serious damage that results in casualties, the case may be subject to punishment as a violation of the Act.
In addition, intentionally neglecting construction project management duties and thereby causing a serious defect in the structural safety of major structural parts is separately punishable.
Violation | Relevant Provision | Level of Punishment |
Causing serious damage to a major part of a major facility, resulting in injury to or the death of a person | Article 85 (1) | Life imprisonment or imprisonment for at least 3 years |
Where the above act endangers a person | Article 85 (2) | Imprisonment for up to 10 years or a fine of up to 100 million won |
Causing the above casualties through occupational negligence | Article 86 (1) | Imprisonment with or without labor for up to 10 years or a fine of up to 100 million won |
Endangering a person through occupational negligence | Article 86 (2) | Imprisonment with or without labor for up to 5 years or a fine of up to 50 million won |
Intentionally neglecting construction project management duties and thereby causing a serious defect in major structural safety | Article 88, Item 1-4 | Imprisonment for up to 2 years or a fine of up to 20 million won |
Violation of Quality Control and Safety Management Duties
A construction business operator must establish and carry out a quality control plan or a quality testing plan, conduct the necessary quality tests and inspections, prepare, submit, and implement a safety management plan, and perform safety checks.
Accordingly, carrying out the installation of a temporary structure without confirmation by a relevant expert, or commencing construction without approval of a safety management plan, may also be subject to punishment.
Meanwhile, certain failures to establish a plan or procedural violations are subject to administrative fine provisions rather than criminal punishment.
Violation | Relevant Provision | Level of Punishment |
Failing to establish or carry out a quality control plan or quality testing plan, or failing to conduct quality tests and inspections | Article 88, Subparagraph 4 | Imprisonment for up to 2 years or a fine of up to 20 million won |
Failing to establish, submit, or carry out a safety management plan, or submitting it falsely | Article 88, Subparagraph 7 | |
Failing to perform a safety check | Article 88, Subparagraph 7-2 | |
Carrying out the installation of a temporary structure without confirmation by a relevant expert | Article 88, Subparagraph 8 | |
Commencing construction without approval of a safety management plan | Article 89, Subparagraph 5-2 | Imprisonment for up to 1 year or a fine of up to 10 million won |
Failing to establish a construction project management plan | Article 91, Paragraph 1, Subparagraph 1 | Administrative fine of up to 20 million won |
Allowing construction to commence or proceed without a construction project management plan | Article 91, Paragraph 1, Subparagraph 2 |
Name Lending and Unregistered Business
Performing construction engineering work without registration constitutes unregistered business and may be subject to punishment.
In addition, allowing another person to use one's name or lending out a construction technician career certificate, and conversely, borrowing and using another person's name or career certificate, are all likewise prohibited.
These are regarded as violations that directly undermine the structure of responsibility in construction work and the public credibility of technical personnel.
Violation | Relevant Provision | Level of Punishment |
Performing construction engineering work without registration | Article 88, Subparagraph 1 | Imprisonment for up to 2 years or a fine of up to 20 million won |
Allowing another person to use one's name or lending out a construction technician career certificate | Article 89, Subparagraph 3, Item (a) | Imprisonment for up to 1 year or a fine of up to 10 million won |
Using another person's name or borrowing a construction technician career certificate | Article 89, Subparagraph 3, Item (b) | |
Brokering the above acts | Article 89, Subparagraph 3, Item (c) |
In addition, when an employee of a corporation or individual violates the above provisions in connection with their work, a fine may be separately imposed on the corporation or individual beyond punishment of the actor, so it is also necessary to review the joint penalty provisions.
3. Construction Technology Promotion Act | If You Are an Ordering Agency?
The Construction Technology Promotion Act also imposes various management and supervisory duties on the ordering agency in order to secure the quality and safety of construction work.
In particular, establishing a construction project management plan, approving a safety management plan, and reporting construction accidents fall within the important areas of responsibility of the ordering agency.
If these duties are not properly performed, the agency may become subject to administrative responsibility or the imposition of an administrative fine, so reviewing the management system in advance is important.
Key Points for Review by the Ordering Authority
It is advisable to review the current construction management system with particular attention to the following points.
ㆍ Whether construction commenced or proceeded without a construction project management plan
ㆍ Whether the approval procedure for the safety management plan was carried out lawfully
ㆍ Whether the quality management and safety management performed by the contractor and the construction engineering business operator are periodically inspected
ㆍ Whether a reporting system to the ordering authority and the licensing agency is in place in the event of a construction accident
ㆍ Whether the assignment and performance of construction engineers conform to the statutory standards
ㆍ Whether the construction project management report and related construction records are properly prepared and maintained
As the party bearing overall responsibility for managing the construction project, the ordering authority must faithfully perform its duty of supervision to secure the safety and quality of the construction.
In particular, for large-scale construction or public facility construction, whether the construction project management procedures are operated lawfully often becomes the key issue in future legal disputes, so continuous risk management is necessary.
4. Construction Technology Promotion Act | If You Are a Construction Business Operator?
A construction business operator is the party that bears primary responsibility for securing construction quality and managing on-site safety.
Establishing and implementing a quality management plan and a safety management plan, conducting safety inspections, and confirming the safety of temporary structures are obligations that must be observed under the statutes, and violating them may result in criminal punishment or administrative sanctions.
Key Points for Review by the Construction Business Operator
It is advisable to review the legal risks at the construction site with particular attention to the following points.
ㆍ Whether the safety management plan was lawfully established and approved by the ordering authority before the construction proceeded
ㆍ Whether the statutory safety inspections and structural reviews are conducted in accordance with the prescribed procedures
ㆍ Whether the confirmation procedure by a relevant expert was carried out when installing temporary structures such as shoring, formwork, and scaffolding
ㆍ Whether construction materials and components are managed in compliance with the quality standards
ㆍ Whether the construction project management report and on-site records are prepared accurately
ㆍ Whether the qualifications and assignment standards of construction engineers conform to the statutes
ㆍ Whether any unlawful conduct, such as lending of a name or performing construction engineering work without registration, is occurring
Legal problems arising at construction sites often begin with a procedural violation and expand into serious accidents.
Therefore, systematically operating the quality management and safety management systems from the early stages of construction and thoroughly maintaining related records play an important role in preventing future legal disputes.
5. Construction Technology Promotion Act | The Need for Legal Advisory
Cases involving violations of the Construction Technology Promotion Act often expand beyond criminal punishment to administrative sanctions, such as business suspension, registration cancellation, and restrictions on bidding participation, as well as to civil claims for damages.
In addition, because a construction site is a structure in which various parties participate, including the ordering authority, the contractor, subcontractors, construction engineering business operators, and construction engineers, when an accident or defective construction occurs, legal disputes over the scope of liability often unfold in a complex manner.
In particular, when an investigation or administrative inquiry is under way, the facts must be organized based on various on-site materials such as construction records, quality testing data, safety management data, and the construction project management report, so it is important to set the direction of the initial response carefully.
Daeryun's Legal Response System
Drawing on its experience in construction and real estate disputes and in responding to criminal cases, Daeryun provides a systematic response to cases involving violations of the Construction Technology Promotion Act.
ㆍ Response to criminal investigations and development of a statement strategy
ㆍ Response to administrative dispositions (business suspension, registration cancellation, bidding restrictions, etc.)
ㆍ Response to damages claims and disputes related to construction accidents
ㆍ Organization of the facts through review of construction records and technical materials
Because construction-related disputes often involve a combination of technical facts and a structure of legal liability, a systematic legal review from the early stages of a case is important.
If you need to determine whether your current situation is at a stage that requires a legal response, you may review your case through Daeryun 🔗Construction Specialist Attorney Legal Consultation Reservation.
