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Government Legislation

  • Pre-Announcement of a Partial Amendment to the Enforcement Decree of the Framework Act on the Construction Industry
    • Competent Ministry : Ministry of Land, Infrastructure and Transport
    • Advance Publication of Legislation : 2022-10-04
    • Opinion Submission Deadline : 2022-11-14

1. Reasons for Proposal

This amendment aims to improve irrational regulations such as standards for registration of construction business by reflecting social conditions so that construction business operators can respond flexibly and to improve the business conditions of construction business operators by removing unnecessary administrative waste factors.



2. Major Provisions

A. Realize office standards among standards for registration of construction business (Article 13 (1) 2)

There is a problem that a building, even though it can be used as an office, cannot be registered for construction business due to the current construction industry registration standard that the office standard is defined as an office that meets the relevant statutes such as the Building Act, so this amendment aims to allow an office as a registration standard if it is practically available as an office at all times.



B. Expand special exceptions permitting the overlapping of construction business registration standards (Article 16 and Article 3 of Addenda)

Expand the scope of special cases permitting the overlapping of standards for registration of construction business from “limited to one time” to “limited to one business type” and allow that the special cases permitting the overlapping be applied to existing construction business operators so as not to cause issues of equity, so it is expected that construction businesses can be concurrently operated depending on business conditions.



C. Realize technological capabilities for mechanical equipment construction work of mechanical equipment/gas facility installation business (Attached Table 2, subparagraph 2, item m)

Although a construction engineer in the field of machinery is absolutely necessary in the real world of construction as the Mechanical Equipment Act is enforced (April 18, 2020) for mechanical equipment construction work of mechanical equipment/gas facility installation business, the current registration standards only require technical capabilities to be selectively retained, so there is a problem that it is necessary to additionally secure a construction engineer in the machinery field during construction. Therefore, this amendment aims to secure quality and alleviate the burden on construction business operators by making it mandatory to have at least one construction engineer in the relevant field, just like in other equipment industries (electricity, telecommunications, firefighting, gas).



D. Realize the provision on full-time work of a construction engineer (Remarks subparagraph 1, item b in Attached Table 2)

There is a problem of restricting all business activities after work because technical personnel are designated as full-time workers under the standards for the registration of construction business to prevent insolvent companies from entering the market, so by recognizing business activities when there is no obstacle to regular work, it is expected to resolve the difficulties of construction business operators and construction engineers.


Regulatory effect assessment
  • 건설산업기본법 시행령(규제영향분석서)_20220930.hwp [download]
Legislative proposal (draft)
  • 입법예고문(건설산업기본법 시행령 일부개정안).hwpx [download]