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Busan Metropolitan City Ordinance on the Construction Technology Deliberative Committee

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Busan Metropolitan City Ordinance on the Construction Technology Deliberative Committee

• Article 1(Purpose)
• The purpose of this Ordinance is to prescribe necessary matters for the composition and management of the Busan Metropolitan City Construction Technology Deliberative Committee pursuant to Article 5, Paragraph 2 of the Construction Technology Management Act and the Presidential Decree of the same act.

• Article 2(Composition)(1) The Busan Metropolitan City Construction Technology Deliberative Committee (hereinafter referred to as the "Committee") shall consist of no more than 250 committee members including one chairman and one vice chairman.
• (2) The chairman shall be the Assistant Mayor of Planning and Management and the vice chairman shall be the head of the Construction and Disaster Prevention Bureau or the Housing Bureau, and the members of the Committee shall be either appointed or commissioned by the Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") among the following persons. In this case, the Mayor may appoint or commission temporally on the each agenda for the effective deliberation.
  • 1. Public officials of Grade 4 or higher Grade working in the Busan Metropolitan City (hereinafter referred to as the "City");
  • 2. Persons recommended by the Cental Construction Technology Deliberative Committee or the Special Construction Technology Deliberative Committee pursuant to Article 5, Paragraph 1 of the Construction Technology Management Act (hereinafter referred to as the "Act");
  • 3. Persons recommended by a Construction Technology Deliberative Committee of other local government;
  • 4. Persons recommended by construction industry-related civil associations;
  • 5. Officers of organizations or institutes of construction industry ;
  • 6. Persons who have professional knowledge and abundant experience on the construction industry
• (3) The vice chairman shall be designated by the chairman when the deliberation was asked pursuant to Article 12, Paragraph 1.
• (4) Among members who are appointed or commissioned pursuant to Paragraph 2, ones pursuant to Subparagraph 1 of the same Paragraph shall not exceed 20.

• Article 3(Operation of Homepage)
• Commissioned members of the Committee shall hold office for 2 years, and the consecutive commission shall be permitted only twice. Yet, the term of office for committee members who are filling vacancies shall be the remainder of the predecessor.

• Article 4(Dismissal of Committee Member)
  • 1. When a Committee member is unable to perform his/her duties or considered to be difficult to perform his/her duties due to a severe illness, etc that needs a long-term treatment;
  • 2. When a Committee member is considered to be not suitable for his/her duties due to his/her misdemeanor or disgraceful behavior.

• Article 5(Duties of the Chairman, etc.)(1) The chairman shall represent the Committee and exercise the overall control of the Committee.
• (2) The vice chairman shall assist the chairman and act on behalf of the chairman when the chairman inevitably can not perform his/her duties. The committee member designated in advance by the chairman shall carry out the above duties when both the chairman and vice chairman inevitably can not perform his/her duties.

• Article 6(Meeting) (1) The chairman convokes a meeting and becomes the chairman of the meeting.
• (2) The chairman must inform all committee members on matters regarding the date and the place of a meeting, and the agenda to be deliberated in the meeting 7 days before the actual meeting takes place. However, this does not apply in case of emergency.
• (3) The Committee meeting is to start with a majority of the registered Committee members present and shall pass a resolution with a majority vote of the Committee members who are present.

• Article 7(Subcommittee)(1) The Committee may establish subcommittees according to the agenda for the effective deliberation.
• (2) Subcommittees shall deliberate items designated by the chairman among items of Article 19, Paragraph 2 of the Presidential Decree of Construction Technology Management Act (hereinafter referred to as the "Presidential Decree").
• (3) Subcommittees shall consist of not less than 5 but not more than 30 members.
• (4) The chairman or vice chairman shall be the chairman of the subcommittee. When he/she can not perform his/her duties due to an inevitable reason, he/she shall designate a person who will perform the chairman's duty, or he/she shall let other members elect by mutual vote a person who will perform the chairman's duty.
• (5) Items which was deliberated by subcommittees shall be deemed to have finished the deliberation of the Committee, and the process and method of deliberation in the Committee shall be applied mutatis mutandis to those of subcommittees unless this Ordinance stipulates otherwise.

• Article 8(Executive Secretary and Clerk)(1) There shall be one executive secretary and one clerk to handle the affairs of the Committee
• (2) The Deputy Director who in charge of construction technology review shall be the executive secretary and the one who does actual works of construction technology review shall be the clerk of the Committee.

• Article 9(Exclusion and Refrainment of Committee Member)(1) A Committee member shall be excluded from the deliberation of the Committee if he/she falls under any of the following subparagraphs:
  • 1. When he/she performed a service contract (including subcontract transactions), consulting and research, etc. regarding the concerned deliberation case;
  • 2. When he/she becomes a person interested because the concerned deliberation case is the same construction work he/she involves in;
  • 3. When he/she has been work for the recent 3 years at companies related to the concerned deliberation case.
• (2) If a Committee member falls under any cause as prescribed Paragraph 1, or he/she consider he/she can not perform duties impartially, he/she may voluntarily refrain from the deliberation case.

• Article 10(Request of Deliberation)(1) Those who want to get the deliberation of the Committee (hereinafter referred to as the "Requesting Person") shall submit the requesting letter pursuant to the from in the annexed Form with other deliberation materials including a drawing plan, e tc. to the Mayor.
• (2) The deliberation pursuant to Paragraph 1 shall be requested at the time as follows.
  • 1. Service contract deliberation such as plans:
    • A. When the basic plan(service contract) and the working plan(service contract) are ordered separately: 2 months before the completion of the basic plan(service contract);
    • B. When the basic plan(service contract) and the working plan(service contract) are ordered at the same time: at the time of completion of the basic plan(service contract);
    • C. When the deliberation of both basic plan(service contract) and working plan(service contract) is to be done at the same time: 2 months before the completion of the working plan(service contract);
    • D. When the basic plan or the method of construction is changed due to the change of construction plan pursuant to Article 19, Paragraph 2, Subparagraph 1 A or B of the Presidential Decree: before the change of plan.
  • 2. The deliberation of Article 19, Paragraph 2, Subparagraph 1-2 of the Presidential Decree: less than 15 days since the objection was raised.
  • 3. The deliberation of Article 19, Paragraph 2, Subparagraph 1-3 of the Presidential Decree:
    • A. The deliberation of a bidding guide: after the making of the bidding guide and before the bidding;
    • B. The deliberation of the planning qualification on the lump-sum and alternate bidding construction: immediately after the deliberation request from the contracting organization.
  • 4. The deliberation of Article 19, Paragraph 2, Subparagraph 1-4 of the Presidential Decree: before the completion of the basic plan and until every January 15 as long as there are no other special reason (However, when the deliberation is not possible unless by the basic plan: immediately after the completion of basic plan)

• Article 11(Preview)(1) The chairman may request the preview opinion letter on the deliberation case from the Committee members before the meeting.
• The members of Committee shall submit their preview opinion letter pursuant to Paragraph 1 3 days before the meeting unless there is special reason.
• The chairman may have the requesting person explain the preview opinion letter pursuant to Paragraph 2 and the deliberation case.

• Article 12(Deliberation Period and Notification of the Deliberation Result) (1) The Mayor shall submit the requesting letter which was received pursuant to Article 10, Paragraph 1 to the Committee for the deliberation.
• (2) The Committee shall report the result of deliberation within 30 days after the requesting letter is submitted pursuant to Paragraph 1. However, if the chairman recognize that there is inevitable reason, the period of deliberation may be extended only once.
• (3) The Mayor shall notify the result to the Requesting Person. In this case, the Requesting Person shall take necessary measures such as accepting the result of deliberation, and notify that to the Mayor.

• Article 13(Collecting opinions, etc.)
• The chairman of the Committee may investigate the real situations and ask relevant civil servants or specialists to be present to say their opinion. The chairman may entrust the technical examination to the construction research institute pursuant to Article 16, Paragraph 1 of the Construction Technology Management Act and other relevant institutions or specialists, or request them to submit necessary materials.

• Article 14(Minutes)
• The executive secretary of the Committee shall make minutes of the meeting and shall make them available. In this case, the opinion letter of members can be recognized as a substitute of the minutes.

• Article 15(Prohibition of Divulgence of Classified Information)
• Members and relevant civil servants who were present at the meeting shall not reveal any classified information obtained during the process of performing their duties.

• Article 16(Allowances, etc)(1) Allowances and traveling expenses may be provided within the scope of the budget to the appointed committee members and relevant specialists.
• (2) If the chairman of the Committee entrust the technical examination to the construction research institute, other relevant institutions or specialists, the fee for the technical examination may be provided within the scope of the budget.
• (3) Despite Paragraph 1 and 2, the fee for the technical examination, allowances and traveling expenses may be separately provided to members of the Committee within the scope of the budget regarding the deliberation of lump-sum and alternate bidding for the large scale construction pursuant to Article 19, Paragraph 2, Subparagraph 1-3 of the Presidential Decree.

• Article 17(Service Charge)(1) The Mayor shall collect the service charge from the Requesting Person pursuant to Article 40-2 of the Act in accordance with the standard in the attached Table 1. However, the service charge shall not be collected regarding constructions ordered by cities, boroughs(Gu) and counties(Gun).
• (2) The procedures and processes of collecting service charges shall follow the precedent of collecting local tax.

• Article 18(Managerial Rules)
• The chairman shall decide on necessary matters for the management of the Committee other than that regulated in this Ordinance with the consent of the Committee.