The current Act provides the basis for the Minister of Land, Infrastructure and Transport to conduct administrative investigations to investigate or inspect the associations, mutual aid cooperatives, and construction technology service business entities 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 a 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/supervision on associations and mutual aid cooperatives, and by directly providing for the prior notification process to construction technology service business entities and mutual aid cooperatives, thereby protecting the rights of the relevant entities. (Newly insert Article 38, paragraph 4; Article 72, each subparagraph; Article 76, paragraph 1, each subparagraph; Article 77, paragraph 2)

Specify the criteria for executing administrative investigations such as guidance and supervision on the associations or mutual aid cooperatives; specify provisions for prior notification process to the associations or mutual aid cooperative (Newly insert Article 38, paragraph 4; Article 72, each subparagraph; Article 76, paragraph 1, each subparagraph; Article 77, paragraph 2)