Reasons for Proposal
The current Act provides the basis for the Minister of Land, Infrastructure and Transport to conduct administrative investigations to investigate or inspect the founding certified architect of an architectural firm, architect associations, and mutual aid cooperatives in regard to their works, and to order them to provide a report or submission of data. However, there are currently no provisions for notifying the entities prior to demanding such administrative investigations, which raises concerns for the burden on the relevant entities to predict the timing of such investigation. Additionally, the legal criteria on the process are abstract and comprehensive, which leads to concerns regarding the potential arbitrary judgment on part of the relevant authorities.
Therefore, this proposal seeks to improve the predictability of administrative investigations by specifying the criteria for conducting the administrative investigations, such as guidance and supervision of the founding certified architect of an architectural firm, architect associations and mutual aid cooperatives, and by directly providing for the prior notification process, thereby protecting the rights of the relevant entities. (Article 30; Article 38-2; Article 38-8)
Major Provisions
Specify the criteria for executing administrative investigations such as guidance and supervision on the founding certified architect of an architectural firm, architect associations or mutual aid cooperatives; specify provisions for prior notification process (Article 30; Article 38-2; Article 38-8)