1. Reason for Revision
As a new regulations has been added under Article 19 (2) of the Green Building Construction Support Act to establish the necessary matters regarding the detailed standards and procedures for canceling the designation and suspending the business of certification bodies by a joint ordinance of the Ministry of Land, Infrastructure and Transport and the Ministry of Environment, this revision establishes in a joint ordinance the necessary regulations for restrictions on the qualifications of certification bodies that have received administrative dispositions to apply for designation as certification bodies, detailed standards for administrative dispositions, hearings, extension of the period of validity of certification, and the handling of existing applications submitted to a certification bodies that have received an administrative disposition.
2. Main Contents
a. Restrictions on the qualifications to apply for designation as a certification body (Article 4 (2) 4 of the draft)
1) The revision stipulates that a certification body with a history of cancellation of designation as a certification body may only apply for designation as a certification body after one year has elapsed since the date of cancellation.
2) The revision stipulates that if a certification body has been subject to an administrative disposition to cancel its designation as a certification body, the qualification to apply for re-designation as a certification body shall be restricted.
b. Establishment of criteria for cancellation of designation and suspension of business (Article 5-2 of the draft)
1) The revision establishes the individual criteria for cancellation of designation, suspension of business within 90 days, suspension of business within 180 days, etc. according to the number of violations (Appendix 4).
c. Hearing upon cancellation of designation, etc. (Article 5-3 of the draft)
1) The revision stipulates that, when an entity’s designation as a certification body is cancelled, a hearing shall be held, and when administrative dispositions such as cancellation of designation or suspension of business are issued, the certification operation committee shall deliberate the matter, and when administrative dispositions are issued, a public notice shall be issued within 15 days, the operating agency and certification body shall be notified thereof, and the facts shall be posted on the Internet, and only the existing certification business shall be allowed to continue.
d. Extension of the validity period of certification (Article 9 (3) of the draft)
1) In order to ease the burden on companies, the amendment relaxes the period of validity of the green building certification from the current 5 years to 10 years.