(1) Reasons for Proposal

This amendment aims to expel illegal foreign workers to improve jobs in the construction industry and abolish the regulation on industrial areas between general and specialized construction business entities to reorganize the production structure of the construction industry. Also, as the Framework Act on the Construction Industry was revised [Act No. 15991 (promulgated on Dec. 18, 2018, and to be enforced on Dec. 19, 2021), Act No. 16136 (promulgated on Dec. 31, 2018, and to be enforced on Jan. 1, 2021.), and Act No. 17221 (promulgated on Apr. 7, 2020, and to be enforced on Oct. 8, 2020)] in a way of the basis for the consignment of employment evaluation institutes for construction workers, it aims to prescribe the matters entrusted by the Act and necessary for its implementation and to improve and supplement some of the shortcomings that have emerged from the operation of the current system.

(2) Major Provisions

A. Provide the basis for how to apply qualifications for performing construction works of a person placing an order (Article 19) 

As anyone may enter both industry markets with the abolition of the regulation on general and specialized industry areas, this amendment provides institutional arrangements allowing the Minister of Land, Infrastructure and Transport to determine and operate details on how to apply qualifications for performing construction works, so that a person placing an order may select a constructor corresponding to a construction work.

B. Exceptionally permitted scope for subcontracting construction (Article 31-2 newly inserted) 

Since, in the case of contracting a specialized construction, direct construction is a principle, but where construction methods such as new technologies/patents are involved, it is necessary to subcontract some of the construction work, allow a constructor who has registered a business that performs a general construction contracted with specialized construction or a constructor who has registered a business that performs a specialized construction contracted with two or more compound works to use subcontractors.

C. Expand the direct wage payment system to public institutions (Article 34-5 (1) newly inserted) 

To prevent overdue wages, a chronic evil practice that threatens the livelihood of construction workers, aim to expand the scope of persons placing public works to include other public institutions, local government-invested public corporations, and institutions invested/funded by a local government

D. Request the employment evaluation data of construction workers and provide a basis for consignment (Article 44-2 and Article 87 (1) 5-2 newly inserted) 

To improve the treatment of construction workers and induce youth to enter into the industry, provide a basis for the data necessary for the employment evaluation of construction workers in progress and the consignment so that professional institutions may perform the evaluation

E. Restrict the participation of any constructor that employs illegal foreign workers (attached Table 3-2 2 (e) and (f) newly inserted) 

To expel illegal foreign workers from construction sites and strengthen responsibilities for labor management, restrict any constructor who has been disposed of in accordance with related statutes due to employing illegal foreign workers at construction sites ordered by any public institution from participating in subcontracting any construction work for a certain period of time.