9. Busan Metropolitan City Ordinance on the Prevention of Faulty Construction Work
- Article 1 (Purpose)
- The purpose of this Ordinance is to prescribe the necessary matters in order to prevent faulty construction work by assuring the rational operation of construction work and securing the quality and safety of construction work.
- Article 2 (Definitions)
- The definition of terms used in this Ordinance shall be as follows:
- 1. the term "construction work" means a construction work as prescribed in subparagraph 4 of Article 2 of the Framework Act on the Construction Industry;
- 2. the term "faulty construction" means a case falling under from grade 1 to grade 4 of the annexed list as specified in the contents of the principal faulty construction determined by the evaluation standards of faulty construction penalty points prescribed in item 1 of subparagraph 5 of Annex 8 of the Enforcement Rule of the Construction Technology Management Act;
- 3. the term "main structural part" means a structural part falling under any one of the subparagraphs in paragraph 3 of Article 41 of the Enforcement Rule of the Construction Technology Management Act.
- Article 3 (Scope of Application)
- This Ordinance shall be applied to a construction work ordered by Busan Metropolitan City or a public corporation established by Busan Metropolitan City pursuant to the Local Public Enterprises Act (hereinafter referred to as the "ordering agency").
- Article 4 (Measures to Prevent Faulty Construction Work)
- The Mayor of Busan Metropolitan
City (hereinafter referred to as the "Mayor") shall prepare the following measures in order to
prevent faulty construction work:
- 1. matters concerning the evaluation of faulty construction work;
- 2. matters concerning on-site examination of construction work;
- 3. matters concerning quality control and safety management of construction work;
- 4. other necessary matters needed for preventing faulty construction work.
- Article 5 (Measurement of Faulty Construction Work) ① The Mayor shall evaluate the faultiness as prescribed in Article 21-4 of the Construction Technology Management Act (hereinafter referred to as the "Act") of a construction work reported of a faulty construction pursuant to Article 8.
- ② In case the preservation of construction site is necessary in order to evaluate the faultiness as prescribed in paragraph 1, the Mayor may order the suspension of the construction work until the contents of the faulty construction work are determined: Provided, That in case there is an impediment to the construction work or there may be damages to the quality of the construction work, the resources verifying the faulty construction may be secured and execute necessary measures needed for the progression of the work.
- Article 6 (On-site Examination of Construction Work)
- The Mayor may conduct on-site examination of the construction work as prescribed in Article 21-5 of the Act by means of regular audit pursuant to Article 7 of the Rules on Administrative Audit of the Ministry of Public Administration and Security. In such a case, the Mayor may have relevant experts of the field concerned other than the public officials under one's control to participate in the examination if necessary for efficient examination.
- Article 7 (Quality Management, etc. of Construction Work)① The Mayor may establish a special organ or execute necessary measures for the purpose of managing quality and safety of construction work as prescribed in Article 24 and Article 26-2 of the Act.
- ② The Mayor may conduct an examination and inspection of the quality through the special organ pursuant to paragraph 1 on the construction work reported of faulty construction pursuant to Article 8.
- Article 8 (Report, etc. of Faulty Construction Work) ① A person who is aware of or discovers a matter related to faulty construction of a work ordered by a ordering agency may report the matter to the Mayor.
- ② A person who intends to report as prescribed in paragraph 1 may make a direct visit to the Faulty Construction Prevention Report Center of Busan Metropolitan City pursuant to Article 9 or may employ means such as facsimile or post.
- ③ The report pursuant to paragraph 2 shall be made under the real name of the person who carries out the report (hereinafter referred to as the "reporter"), and a report not made under one's real name or a report on a construction work of which a year has passed from the date of its completion shall not be accepted.
- ④ The contents of the report pursuant to paragraph 1 and paragraph 2 shall include necessary matters to examine the faultiness, such as the name of the construction work, and period, location, contents of the faulty construction, etc.
- Article 9 (Faulty Construction Prevention Report Center of Busan Metropolitan City) ① The Mayor may establish and operate the Faulty Construction Prevention Report Center of Busan Metropolitan City (hereinafter referred to as the "Center") in order to accept and process reports regarding faulty construction work.
- ② In case a Center is established as prescribed in paragraph 1, the Head of the Center shall be the Head of the department in charge of the affairs concerning the examination of contract technology.
- ③ The matters necessary for the establishment and operation, etc. of the Center pursuant to paragraph 1 shall be separately determined by the Mayor.
- Article 10 (Faulty Construction Prevention Committee)① The Mayor shall establish the Faulty Construction Prevention Committee of Busan Metropolitan City (hereinafter referred to as the "Committee") in order to deliberate the matters concerning the prevention and report, etc. of faulty construction work.
- ② The matters subject to deliberation by the Committee as prescribed in paragraph 1 shall be deliberated by the Construction Technology Deliberation Committee of Busan Metropolitan City pursuant to paragraph 2 of Article 5 of the Act and paragraph 4 of Article 19 of the Enforcement Decree of the Construction Technology Management Act. In such a case, the Construction Technology Deliberation Committee of Busan Metropolitan City shall be deemed as the Committee in accordance with this Ordinance.
- ③ In case the Construction Technology Deliberation Committee of Busan Metropolitan City conducts the deliberation as prescribed in paragraph 2, a subcommittee pursuant to Article 7 of the Busan Metropolitan Ordinance on the Construction Technology Deliberation Committee may be organized and operated if deemed necessary for the efficient conduct of the deliberation.
- ④ In regard to the organization and operation of a subcommittee pursuant to paragraph 3, Article 7, Article 8, Article 16 and Article 18 of the Busan Metropolitan Ordinance on the Construction Technology Deliberation Committee shall be applied mutatis mutandis.
- Article 11 (Reward for Report of Faulty Construction Work)
- In case the reported construction work pursuant to Article 8 comes to be a construction work which is ordered by the ordering agency and whose construction expenses is more than a billion won (the cost of land and remuneration from the business expenses shall be excluded), a reward may be conferred to the reporter within the scope of the budget when the reported matters prove to be a faulty construction.
- Article 12 (Conferral of Reward)① When conferring the reward pursuant to Article 11, the Mayor shall determine whether or not the reward shall be conferred or the amount of the reward by means of the deliberation of the Committed through examining the size and degree of faulty construction and the intentionality, etc. synthetically.
- ② The standards of reward pursuant to paragraph 1 shall be as specified in the annexed list.
- ③ The reward pursuant to paragraph 1 shall be conferred to the first reporter when there are more than two reporters, and shall be evenly distributed when there are more than two joint reporters.
- ④ When the conferral of reward is determined as prescribed by paragraph 1 and paragraph 3, the Mayor shall notify such information to the reporter within five days, and shall transfer the reward to the account designated by the reporter.
- Article 13 (Limitation on Conferral of Reward)
- Notwithstanding Article 11, the Mayor may not
confer the reward by means of the deliberation of the Committee in a case falling under any
of the following subparagraphs:
- 1. in case the reporter cannot be identified because the reporter used an anonymous or a fictitious name;
- 2. in case a public official, manager, constructor or a person in the position of supervising the construction reports the faulty construction in relation to one's duty;
- 3. in case a person who was formerly in a position concerned with the construction falling under paragraph 2 reports the faulty construction in relation to one's duty;
- 4. in case it is under process as a result of an inspection by a supervising public official or a supervisor conducted before the acceptance of the report, or it is in the course of verification or investigation as the information is already disclosed;
- 5. in case it is falsely reported in conspiracy with a person concerned with the construction in advance in order to receive the reward.
