Reasons for Proposal
While the current Act requires a contracting authority to appoint a construction supervisor to conduct management services of the construction work with regard to the quality of the construction work, safety at the construction sites, etc., if there occurs a construction accident because the contracting authority interferes unfairly with the work of the construction supervisor in the construction site, making construction management difficult, the Act requires the construction supervisor to be responsible; it is pointed out that there is a gap between authority and responsibility.
In addition, the current Act stipulates a joint penalty provision, which requires a corporation to have a separate responsibility if the representative of the corporation or one of the corporation’s employees commits a violation; which runs counter to the principle of liability with fault and that a corporation may suffer unfair damage.
Therefore, the amendment aims to secure the propriety of management services of the construction work and punishment by imposing obligations on a contracting authority not to interfere unfairly with the work of the construction supervisor by allowing an investigation of the facts and corrective orders if a contracting authority interferes unfairly and by deleting the joint penalty provision (Article 49, Article 49-2, and Article 90).
Major Provisions
Elimination of Unfair Interference with the Work of the Construction Supervisor (Article 49-2)