(1) Reasons for Proposal
In accordance with the prevention measures for the fatal accident of tower cranes (Nov. 16, 2017), the Framework Act on the Construction Industry, which introduces the appropriateness examination of tower crane rental contracts, was revised (Act No. 15991, promulgated on Dec. 18, 2018, to be enacted on June 19, 2019) and, accordingly, the partial amendment (Article 64-4) to the Enforcement Decree of the same Act mandates the Minister of Land, Infrastructure and Transport to prescribe and notify relevant companies of matters required regarding the criteria and procedures for examination, etc. The amendment aims to determine detailed methods, procedures, etc., regarding the criteria for examination of the appropriateness of tower crane rental contracts.
(2) Major Provisions
A. Provide criteria for examination of the appropriateness of tower crane rental contracts (Article 5 and attached Table 1)
Examination items and scoring criteria of appropriateness: Appropriateness of the rental contract amount (40 points), Rental capacity of the rental business operator (35 points), Level of securing the safety of rental business operators (15 points), Conditions of the project (10 points)
B. Provide criteria for a request to change the contents of a tower crane rental contract (Article 8)
C. Provide criteria for a contractor's request for re-examination (Article 9)
D. Provide criteria for a request to change a rental business operator (Article 10)
If a project owner’s request to change the rental contract or the rental business owner is not fulfilled, the contract for construction work shall be terminated.