Reasons for Proposal
The current Act stipulates that where a project operator, etc., violates this Act or any order or disposition issued under this Act, the Minister of Land, Infrastructure and Transport or the head of a local government may issue an order to suspend construction works, reinstate the place of construction works, or take other necessary measures, and that non-compliance therewith shall be punishable by imprisonment of up to 1 year or a fine of up to 10 million won.
Where apartment construction poses a risk of collapse in a nearby apartment as indicated by cracks in the wall surfaces and retaining walls thereof, the head of the competent Gu issues the construction company concerned with an order to suspend the apartment construction. However, there are cases where the construction company concerned forcibly carries on with the construction fo the economic gains without suspending construction even if it has to pay penalties, making it difficult for the residents of the nearby apartment to live without safety concerns.
Accordingly, the Amendment increases the penalty against persons who fail to comply with an order to suspend construction, etc., from the current imprisonment of up to 1 year or a fine of up to 10 million won to imprisonment of up to 3 years or a fine of up to 30 million won, thereby ensuring the effectiveness of law enforcement (Article 101, subparagraph 6 newly inserted and Article 104, subparagraph 13 deleted).
Major Provisions
Obligate any project operator; resident, user, management body, residents’ representative council or member thereof, of multi-family housing; and house remodeling association to comply with any order issued by the Minister of Land, Infrastructure and Transport or the head of a local government to suspend construction works, reinstate the place of construction works, or take other necessary measures. Increase the penalty for non-compliance from the current imprisonment of up to 1 year or a fine of up to 10 million won to imprisonment of up to 3 years or a fine of up to 30 million won (Article 101, subparagraph 6).
