지하안전관리에 관한 특별법 시행령

Article 1Purpose

The purpose of this Decree is to prescribe matters mandated by the Special Act on Underground Safety Management and matters necessary for enforcing that Act.

Article 2Scope of underground structures

"Structure ... which is prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Special Act on Underground Safety Management (hereinafter referred to as the "Act") means the following: <Amended on Mar. 12, 2019; Jan. 2, 2024; Aug. 5, 2025>1. Water supply and waterworks installation under subparagraph 5 of Article 3 of the Water Supply and Waterworks Installation Act;

2. Sewerage under subparagraph 3 of Article 2 of the Sewerage Act;

3. Electric installations under subparagraph 16 of Article 2 of the Electric Utility Act;

4. Telecommunications equipment and facilities under subparagraph 2 of Article 2 of the Telecommunications Business Act;

5. Gas supply facilities under subparagraph 5 of Article 2 of the Urban Gas Business Act;

6. Facilities for supply under subparagraph 6 of Article 2 of the Integrated Energy Supply Act;

7. Utility tunnels under subparagraph 9 of Article 2 of the National Land Planning and Utilization Act; underpass (including underground passage) under Article 2(2)1g of the Enforcement Decree of that Act; and underground plazas under Article 2(2)3d of that Enforcement Decree;

8. Roads under subparagraph 1 of Article 2 of the Road Act;

9. Urban railroad facilities under subparagraph 3 of Article 2 of the Urban Railroad Act;

10. Railroad facilities under subparagraph 6 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management;

11. Parking lots under subparagraph 1 of Article 2 of the Parking Lot Act;

12. Buildings under Article 2(1)2 of the Building Act;

13. Underground passage shops among first-class establishments and second-class establishments in subparagraph 5b of Appendix 1 of the Enforcement Decree of the Special Act on the Safety Control of Establishments.

14. High-pressure gas pipelines under the High-Pressure Gas Safety Control Act;

15. Factory, etc. under Article 2(1)6 of the Act on the Safety Control of Hazardous Substances;

16. Pipelines transporting substances subject to permission, restricted substances, prohibited substances, and hazardous chemical substances under the Chemicals Control Act.

Article 3Underground information

"Information ... prescribed by Presidential Decree" in subparagraph 11 of Article 2 of the Act means the following information: <Amended on Dec. 8, 2020>1. Geological information: Information produced based on geological surveys, such as the types, properties, and distribution of rocks and geological structures;

2. Drilling information: Information produced using drilling machinery and/or equipment, such as ground properties, types of strata, and underground water levels;

3. Information on tubular wells: Information measured through tubular wells, such as the distribution of underground water levels, and the structure and hydraulic properties of underground water-bearing strata;

4. Information on the current status of the following structures, including their locations, scales, uses, and managing entities:a. Underground structures provided in the subparagraphs of Article 2;b. Oil pipelines defined in subparagraph 2 of Article 2 of the Oil Pipeline Safety Control Act.

Article 4Formulation of master plans for national underground safety management

"Matters prescribed by Presidential Decree" in Article 6(2)6 of the Act means the following: <Amended on Jan. 25, 2022>1. Matters regarding nurturing and supporting any person registered as an institution specializing in underground safety assessment under Article 25(1) of the Act (hereinafter referred to as "institution specialized in underground safety assessment");

2. Matters regarding the research on, development of, and dissemination of safety standards for underground facilities and surrounding ground.

Article 5Modification to minor matters

"Where he or she intends to alter minor matters prescribed by Presidential Decree" in the proviso of Article 6(3) of the Act means any of the following:

1. Where he or she intends to correct calculation errors, incorrect recording, omission, and other apparent errors;

2. Where he or she intends to reflect changes resulting from amendment of the Act, or the enactment, amendment, or repeal of other statutes and regulations.

Article 6Formulation of action plans

(1) The head of a relevant central administrative agency shall notify the Minister of Land, Infrastructure and Transport and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") of an action plan for each year formulated under Article 6(5) of the Act (hereinafter referred to as "action plan") by December 31 of the year before the year in which the plan is to be implemented.

(2) Where the head of a relevant central administrative agency changes the action plan notified under paragraph (1), he or she shall notify the Minister of Land, Infrastructure and Transport and the Mayor/Do Governor of the details of such change without delay.

Article 7Formulation of City/Do underground safety management plans

(1) A plan for underground safety management formulated by the Mayor/Do Governor under Article 7(1) of the Act (hereinafter referred to as "City/Do management plan") and a plan for underground safety management formulated by the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) under Article 8(1) of the Act (hereinafter referred to as "Si/Gun/Gu management plan") shall include the following:

1. Basic directions for underground safety management for areas under his or her jurisdiction;

2. Matters regarding inspection of the actual conditions of underground structures located in areas under his or her jurisdiction;

3. Matters regarding the designation, revocation of designation, and safety management for underground structures and areas in which ground subsidence is subject to intensive control under Article 35(2) of the Act (hereinafter referred to as "underground structure subject to intensive control");

4. Matters regarding cooperation and joint measures regarding underground structures among relevant institutions;

5. Other matters necessary for underground safety management for areas under his or her jurisdiction.

(2) The Mayor/Do Governor shall notify a City/Do management plan for a relevant year, to the Minister of Land, Infrastructure and Transport and the head of a relevant Si/Gun/Gu by January 31 each year.

(3) The head of a Si/Gun/Gu shall notify a Si/Gun/Gu management plan for a relevant year, to the Mayor/Do Governor, an underground developer, and an underground structure manager by the end of February each year.

Article 8Submission of construction safety management plans

(1) Pursuant to the latter part, with the exception of the subparagraphs, of Article 10(1) of the Act, the head of a Si/Gun/Gu, upon receiving a construction safety management plan (hereinafter referred to as "construction safety management plan") under Article 62(1) of the Construction Technology Promotion Act, shall examine the appropriateness of that plan; and shall notify an underground developer of the findings of such examination within 15 days as follows:

1. Appropriate: Where construction works are deemed sufficiently safe as the details prescribed in the subparagraphs of Article 10(1) of the Act are appropriately reflected in the plan;

2. Conditionally appropriate: Where some supplementary measures are deemed necessary while they would have no direct impact on ensuring construction safety as the details prescribed in the subparagraphs of Article 10(1) of the Act are reflected in the plan;

3. Inappropriate: Where ground subsidence is deemed likely to occur or the plan is deemed seriously deficient as the details under the subparagraphs of Article 10(1) of the Act are not appropriately reflected in the plan.

(2) An underground developer whose safety management plan is identified as conditionally appropriate or inappropriate shall take necessary measures, such as requesting a construction contractor or a business entity registered for housing construction to supplement or modify the construction safety management plan, etc.; and shall submit the results of such measures to the head of a Si/Gun/Gu. <Amended on Feb. 18, 2020>

Article 9Formulation of safety management regulations

(1) An underground structure manager shall submit the regulations governing safety inspection and maintenance and management under Article 10(2) of the Act (hereinafter referred to as "safety management regulations") for the underground structure he or she manages to the head of a Si/Gun/Gu having jurisdiction over the underground structure at least 30 days before the date said underground structure starts to be used (in cases of a change in the safety management regulations, referring to the date the changed safety management regulations come into force).

(2) The head of a Si/Gun/Gu, upon receiving the safety management regulations under paragraph (1), shall examine appropriateness of the structure; and shall notify the underground structure manager of the findings of such examination within 15 days from receipt of the regulations.

(3) Article 8(1) shall apply mutatis mutandis to the examination of the safety management regulations and notification under paragraph (2). In such cases, "construction safety management plan" shall be construed as "safety management regulations"; and "underground developer" as "underground structure manager".

(4) The manager of the underground structure whose safety management regulations are identified as conditionally appropriate or inappropriate shall take necessary measures, such as supplementing or modifying the safety management regulations; and shall submit the results of such measures to the head of a relevant Si/Gun/Gu.

(5) Except as provided in subparagraphs (1) through (4), the detailed items of safety management regulations, the standards for establishment thereof, and others shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 10Composition and operation of local underground safety committees

(1) A City/Do underground safety committee and a Si/Gun/Gu underground safety committee established under Article 12(1) of the Act shall each be composed of not more than 10 members, including one chairperson and one vice-chairperson.

(2) Members of the City/Do underground safety committee shall be appointed or commissioned by the Mayor/Do Governor; and members of the Si/Gun/Gu underground safety committee by the head of a Si/Gun/Gu, from among any of the following persons:

1. Experts working for institutions or organizations related to geology, environment, or construction;

2. Public officials of administrative agencies related to underground development or underground structure management;

3. Other persons with extensive expertise and experience in underground development or underground structure management.

(3) The chairperson and the vice-chairperson of a City/Do underground safety committee shall be appointed or commissioned by the Mayor/Do Governor from among members thereof; and members of a Si/Gun/Gu underground safety committee by the head of a relevant Si/Gun/Gu.

(4) Each member under paragraph (2)1 and 3 shall hold office for a term of two years; and may be reappointed for only one further term.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the composition, operation, etc. of the City/Do underground safety committee and the Si/Gun/Gu underground safety committee shall be prescribed by ordinance of the relevant local government.

Article 11Research and development projects on underground safety-related technologies and standards

(1) "Institution or organization prescribed by Presidential Decree" in Article 13(1) of the Act means the following institutions or organizations: <Amended on Oct. 19, 2021; Jan. 27, 2026>1. National or public research institutes;

2. Schools under Article 2 of the Higher Education Act;

3. Specialized research business entities that have filed a report under Article 6(1) of the Research Industry Promotion Act;

4. Business-affiliated research institutes or departments solely responsible for research and development recognized in accordance with Article 17(1) of the Act on Support for Research and Development of Business-Affiliated Research Institutes;

5. Research institutes which are corporations established under the Civil Act or other statutes;

6. Industrial technology research cooperatives under the Industrial Technology Research Cooperatives Support Act;

7. Government-funded research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

8. Government-funded science and technology research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

9. Specific research institutes under the Specific Research Institutes Support Act;

10. Other research institutes annexed to institutions, associations, or societies prescribed by Decree of the Ministry of Land, Infrastructure and Transport or departments dedicated to research and development therein.

(2) When the Minister of Land, Infrastructure and Transport has selected a research and development task regarding underground safety technologies and standards (hereinafter referred to as "research and development task"), he or she shall enter into an agreement on a research and development project with an institution or organization which will take charge of the relevant research (hereinafter referred to as "research institute in charge") among the institutions or organizations referred to in the subparagraphs of paragraph (1).

(3) The agreement under paragraph (2) shall include the following:

1. A plan for implementing a research and development task;

2. Matters regarding methods for payment, and the use and management of research and development expenses;

3. Matters regarding the vesting and use of the outcomes of research and development;

4. Matters regarding the collection and use of royalties;

5. Matters regarding amendment and rescission of an agreement;

6. Other matters regarding research and development the Minister of Land, Infrastructure and Transport deems necessary.

(4) The head of a research institute in charge may entrust some of the relevant research and development tasks to each of the institutions or organizations prescribed in the subparagraphs of paragraph (1) to perform such tasks where deemed necessary.

Article 12Payment, use, and management of contributions

(1) Contributions to a research and development project under Article 13(2) of the Act shall be paid in installments; provided, the contributions can be paid out in a lump sum as the Ministry of Land, Infrastructure and Transport deems necessary based on the size of a research and development task, and the timing of commencement thereof.

(2) An institution or organization which has received the contributions under paragraph (1) shall use them for the following purposes:

1. Labor costs;

2. Direct costs, such as expenses for research equipment and facilities, research material costs, expenses for research activities, and research allowances;

3. Indirect costs, such as research and development reserves, expenses for applying for and registering intellectual property rights, training expenses, and expenses for research support;

4. Expenses for commissioned research and development;

5. Other costs associated with research and development.

(3) Upon receiving contributions under paragraph (1), an institution or organization shall open and manage a separate account.

(4) An institution or organization, upon receiving contributions under paragraph (1), shall report the records of use of the contributions to the Minister of Land, Infrastructure and Transport as follows:

1. Multi-year research task: Report the detailed records of use in a relevant year by not later than March 31 of the following year; provided, as for the year in which a research task is completed, a report shall be given within three months from the completion of the research task;

2. Other research tasks: Give a report within three months from the completion of a research task.

(5) Where an institution or organization in receipt of contributions under paragraph (1) has used the contributions for purposes other than those prescribed in the subparagraphs of paragraph (3), the Minister of Land, Infrastructure and Transport shall recover the amount.

Article 13Size of projects subject to underground safety assessment

(1) "Project that requires underground excavation work larger than the size prescribed by Presidential Decree" in the provisions of, with the exception of the subparagraphs, of Article 14(1) of the Act means the following projects: <Amended on Dec. 31, 2018; Jan. 5, 2021>1. A project involving excavation works with excavation to a depth [which means the maximum depth of excavation where the depth of excavation within a construction area varies; and excavated portions of a collector well (water storage), elevator pit, septic tank, etc. shall be excluded in calculating the depth of excavation; hereinafter the same shall apply] of at least 20 meters;

2. A project involving tunnel (excluding mountain tunnels or underwater tunnels) works.

(2) Deleted. <Jan. 25, 2022>[Title Amended on Jan. 25, 2022]

Article 14Types of projects subject to underground safety assessment and methods of assessment thereof

Specific types and scope of the projects subject to underground safety assessment under Article 14(2) of the Act shall be as specified in Appendix 1; and items subject to assessment and methods of assessment in Appendix 2. <Amended on Jan. 25, 2022>[Title Amended on Jan. 25, 2022]

Article 15Qualifications for engineers in charge

(1) A special grade engineer in the field of soils and geology under Appendix 1 of the Enforcement Decree of the Construction Technology Promotion Act who has completed training prescribed by Decree of the Ministry of Land, Infrastructure and Transport is qualified as a person to conduct an underground safety assessment under Article 14(2) of the Act (hereinafter referred to as "engineer in charge"). <Amended on Dec. 11, 2018; Jan. 25, 2022>(2) An engineer in charge may have a person qualified as a technical workforce under subparagraph 2 of Appendix 8 conduct an underground safety assessment under his or her supervision, where necessary. <Amended on Jan. 25, 2022>(3) A person who intends to conduct an underground safety assessment under the supervision of an engineer in charge pursuant to paragraph (2) shall complete education under paragraph (1). <Added on Jan. 25, 2022>

Article 16Methods for preparing underground safety assessment reports

(1) Methods for preparing an underground safety assessment report under Article 15 of the Act (hereinafter referred to as "underground safety assessment report") shall be as specified in Appendix 3. <Amended on Jan. 25, 2022>(2) An underground developer subject to permission, authorization, approval, a license, decision, or acceptance of reports, etc. (hereinafter referred to as "approval, etc.") regarding an action plan, implementation plan, etc. of a relevant project shall submit an underground safety assessment report, in electronic form, to the head of an agency that grants approval. <Amended on Jan. 25, 2022>(3) Consultation can be requested by the head of an agency that grants approval in receipt of an underground safety assessment report under Article 15(1) of the Act or an underground developer who is not required to obtain approval, etc. under Article 15(2) of the Act (hereinafter referred to as the "head of an agency that grants approval, etc.") during the periods specified in Appendix 1. <Amended on Jan. 25, 2022>[Title Amended on Jan. 25, 2022]

Article 17Examination of underground safety assessment reports, and notification

(1) The Minister of Land, Infrastructure and Transport shall check the following matters in examining an underground safety assessment report under Article 16(1) of the Act: <Amended on Jan. 25, 2022>1. Compliance with items subject to assessment, methods of assessment, and methods of preparation, etc.;

2. Validity of contents of the underground safety assessment report.

(2) "Institutions prescribed by Presidential Decree" in Article 16(2)4 of the Act means public institutions under Article 4 of the Act on the Management of Public Institutions. <Added on Dec. 31, 2018 >(3) "Where there are reasons prescribed by Presidential Decree" in the former part of Article 16(3) of the Act means the following cases: <Amended on Dec. 31, 2018; Jan. 25, 2022>1. Where methods for preparing an underground safety assessment report under Article 16(1) have not been complied with;

2. Where an action plan, implementation plan, etc. (hereinafter referred to as "project plan, etc.") is deemed to require adjustment or supplementation as implementing the project could have an adverse impact on underground safety.

(4) "Period prescribed by Presidential Decree" in Article 16(4) of the Act means 30 days (or 50 days where a consultation period is extended due to any unavoidable circumstance). In such cases, a period during which an underground developer supplements an underground safety assessment report, public holidays, and Saturdays shall be excluded from calculating that period. <Amended on Dec. 31, 2018; Jan. 25, 2022>(5) Except as provided in paragraphs (1) through (4), the standards and methods for examining an underground safety assessment report, supplementation or adjustment thereof, and other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Dec. 31, 2018; Jan. 25, 2022>[Title Amended on Jan. 25, 2022]

Article 18Notification of results of consultations reflected in project plans

Notification of the results of consultations reflected under Article 17(3) of the Act shall be issued within 30 days from the following dates: <Amended on Jan. 25, 2022>1. Where notification is issued by the head of an agency that grants approval, etc.: The date a project plan, etc. for a project subject to underground safety assessment is approved;

2. Where notification is issued by an underground developer not required to obtain approval, etc.: The date a project plan, etc. is finalized.

Article 19Adjustment of details of consultations

(1) Where the head of an agency that grants approval, etc. intends to request the Minister of Land, Infrastructure and Transport to adjust the details of consultations under Article 18(1) of the Act, he or she shall submit a written request for adjustment (hereinafter referred to as "written request for adjustment") stating the following within 90 days from the date he or she is notified of the details of consultations under Article 16(4) of the Act. In such cases, an underground developer required to obtain approval, etc. shall submit a written request for adjustment to the head of an agency that grants approval within 75 days from the date he is notified of the details of consultations under Article 16(5) of the Act: <Amended on Jan. 25, 2022>1. Details of consultations the adjustment of which is requested;

2. Reasons for requesting adjustment and a plan to request adjustment;

3. Analysis of underground safety assessment according to the plan to request adjustment.

(2) The Minister of Land, Infrastructure and Transport shall notify the results of adjustment of consultations within 30 days from the receipt of a written request for adjustment under paragraph (1) (or 50 days where the period is extended due to any unavoidable circumstance). In such cases, periods such as the one during which an underground developer supplements an underground safety assessment report, public holidays, and Saturdays shall be excluded from calculating that period. <Amended on Jan. 25, 2022>

Article 20Amendment to or re-consultation on project plans

(1) The head of an agency that grants approval in receipt of a request for examination under the main clause of Article 18(3) of the Act shall examine whether a relevant plan to ensure underground safety is subject to re-consultation under Article 18(4) of the Act and shall notify the underground developer required to obtain approval, etc.

(2) "Where an amendment to a project plan, etc. falls under matters prescribed by Presidential Decree as those that may affect underground safety" in Article 18(4) of the Act means the following cases: <Amended on Dec. 31, 2018; Jan. 7, 2020; Jan. 25, 2022>1. Where a change of excavation depths falls under any of the following:a. Where the depth of excavation increases by at least three meters from the depth reflected in the project plan, etc. consulted on under Articles 15 and 16 of the Act;b. Where a project subject to small-scale underground safety assessment under Article 23 of the Act becomes to constitute a project subject to underground safety assessment under Article 14 of the Act because of an increase in the depth of excavation from the depth reflected in a project plan, etc. consulted on pursuant to Articles 15 and 16 of the Act;

2. Where the area of excavation increases by at least 30 percent from that reflected in the project plan, etc. consulted on under Articles 15 and 16 of the Act;

3. Where the construction methods for soil shuttering or water cutoff are different from the construction methods reflected in the project plan, etc. consulted on under Articles 15 and 16 of the Act.

(3) The head of an agency that grants approval, etc. who intends to request re-consultation under Article 18(4) of the Act shall submit a written request for re-consultation stating the following within 90 days from the date a plan to ensure underground safety is formulated under Article 18(2) of the Act or from the date an examination is complete under paragraph (1). In such cases, an underground developer shall submit the request for re- consultation to the head of an agency that grants approval within 75 days from the date he or she is notified under paragraph (1):

1. Reasons for amendment to a project plan, etc. and details thereof;

2. Plans to ensure underground safety in accordance with an altered project plan, etc.

(4) The Minister of Land, Infrastructure and Transport shall notify the results within 30 days from the receipt of the written request for re-consultation under paragraph (3) (or 50 days where the period is extended due to any extenuating circumstance). In such cases, a period during which an underground developer supplements the written request for re-consultation, public holidays, and Saturdays shall be excluded from calculating the period.

Article 21Underground safety inspection after commencement of construction

(1) An underground safety inspection after commencement of construction under Article 20(1) of the Act (hereinafter referred to as "underground safety inspection after commencement of construction") shall be conducted during the period for the underground safety inspection after commencement of construction stated in an underground safety assessment report. <Amended on Jan. 25, 2022>(2) Items subject to inspection and methods for underground safety inspection after commencement of construction shall be as specified in Appendix 4. <Amended on Jan. 25, 2022>(3) Methods for preparing an inspection report on underground safety after commencement of construction under Article 20(2) of the Act (hereinafter referred to as "inspection report on underground safety after commencement of construction") shall be as specified in Appendix 5. <Amended on Jan. 25, 2022>(4) An underground developer who conducts an underground safety inspection after commencement of construction under Article 20(1) of the Act shall submit the details and results of the underground safety inspection after commencement of construction in electronic form to the Minister of Land, Infrastructure and Transport and the head of an agency that grants approval, according to the following classifications: <Amended on Jan. 7, 2020; Jan. 25, 2022>1. Where the underground safety inspection after commencement of construction is ongoing as at the last day of each month: Details of the underground safety inspection after commencement of construction conducted during the last month by the 10th day of the following month; provided, this shall not apply where the period for an underground safety investigation after commencement of construction is 30 days or less;

2. Where the underground safety inspection after commencement of construction has ended: The inspection report on underground safety after commencement of construction; and matters requiring measures to ensure underground safety and the details of such measures, no later than 15 days after the end of such inspection.

(5) Article 15 shall apply mutatis mutandis to those qualified to conduct an underground safety inspection after commencement of construction. In such cases, "underground safety assessment" shall be construed as "underground safety inspection after commencement of construction". <Amended on Jan. 25, 2022>[Title Amended on Jan. 25, 2022]

Article 22Notification of reassessment results

"Period prescribed by Presidential Decree" in Article 22(2) of the Act means 180 days from the receipt of a request for reassessment under Article 22(1) of the Act.

Article 22-2Emergency safety measures for prevention of ground subsidence incidents caused by underground development projects

Where the Minister of Land, Infrastructure and Transport or the head of an agency that grants approval intends to issue an order to take safety measures under Article 22-2(1) of the Act, he or she shall issue a written order to take safety measures including the following matters to an underground developer:

1. Details of and reasons for safety measures;

2. Methods for taking safety measures;

3. Deadlines for safety measures.[This Article Added on Jan. 25, 2022]

Article 23Projects subject to small-scale underground safety assessment

"Small-scale project prescribed by Presidential Decree" in the main clause of Article 23(1) of the Act (hereinafter referred to as "project subject to small-scale underground safety assessment") means a project involving excavation works to a depth of not less than 10 meters but less than 20 meters, and the types and scope of such work shall be as specified in Appendix 1. <Amended on Jan. 25, 2022>[Title Amended on Jan. 25, 2022]

Article 24Grounds for exemption from small-scale underground safety assessment

(1) "Cases prescribed by Presidential Decree, such as cases where emergency restoration due to an act of God or accident is required" in the proviso of Article 23(1) of the Act means the following cases:

1. Where emergency restoration is required due to a natural disaster or accident;

2. Where emergency restoration is required due to interruptions of electricity or telecommunications or the rupture or leakage of water, sewage, gas pipelines, etc.;

3. Other cases the head of a relevant central administrative agency or the head of a local government deems require emergency restoration.

(2) An underground developer who has executed an emergency construction work (hereinafter referred to as "emergency construction work") under the proviso of Article 23(1) of the Act shall notify the Minister of Land, Infrastructure and Transport or the head of an agency that grants approval, of the results of the construction work without delay.[Title Amended on Jan. 25, 2022]

Article 25Items subject to and methods of small-scale underground safety assessment

(1) Items subject to small-scale underground safety assessment and methods of such assessment shall be as specified in Appendix 6. <Amended on Jan. 25, 2022>(2) Article 15 shall apply mutatis mutandis to the qualifications of persons who may conduct a small-scale underground safety assessment under Article 23(2) of the Act. In such cases, "underground safety assessment" shall be construed as "small-scale underground safety assessment". <Amended on Jan. 25, 2022>(3) Methods of preparing a small-scale underground safety assessment report under Article 23(2) of the Act (hereinafter referred to as "small-scale underground safety assessment report") shall be as specified in Appendix 7. <Amended on Jan. 25, 2022>(4) Except as provided in paragraphs (1) through (3), Articles 16(2) and (3),17 through 20, and 22 shall apply mutatis mutandis to a small-scale underground safety assessment. In such cases, "underground safety assessment" shall be construed as "small-scale underground safety assessment"; and "underground safety assessment report" as "small-scale underground safety assessment report", respectively. <Amended on Jan. 25, 2022>[Title Amended on Jan. 25, 2022]

Article 26Registration of institutions specialized in underground safety assessment

(1) "Standards for registration prescribed by Presidential Decree, such as technical workforce and equipment" in Article 25(1) of the Act means the standards for registration specified in Appendix 8.

(2) "Registered item prescribed by Presidential Decree" in Article 25(3) of the Act means the following:

1. A trade name;

2. A representative;

3. Location of office;

4. Technical workforce;

5. Equipment.[Title Amended on Jan. 25, 2022]

Article 27Temporary failure to meet standards for registration

"Cases prescribed by Presidential Decree, such as where it fails to meet standards for registration temporarily" in the proviso of Article 28(1)5 of the Act means any of the following: <Amended on Jan. 25, 2022>1. Any of the following cases where it fails to meet the capital standards among the standards for registration in Appendix 8:a. Where the court has ordered commencement of rehabilitation procedures and the process is underway under the Debtor Rehabilitation Bankruptcy Act;b. Where a relevant institution specializing in underground safety assessment is in the process of implementing a rehabilitation plan after the court has decided that the rehabilitation procedures are complete under the Debtor Rehabilitation Bankruptcy Act, as is deemed appropriate;c. The council of financial creditors has passed a resolution to commence joint administrative proceedings under the Corporate Restructuring Promotion Act, and the process is underway;d. Where a listed company subject to the proviso of Article 542-8(1) of the Commercial Act has continuously failed to meet the registration standards due to a reduction in total capital as of the end of the recent business year for not more than 50 days;

2. Where a period during which an institution specializing in underground safety impact assessment has continuously failed to meet the standards for registration among registration standards in Appendix 8 for not more than 30 days due to the death, disappearance, or retirement of a person qualified as technical staff.

Article 28Standards for administrative measures

Detailed standards for administrative measures under Article 28(2) of the Act shall be as specified in Appendix 9.

Article 29Methods for ground subsidence risk assessment

(1) The methods and procedures for ground subsidence risk assessment shall be as specified in Appendix 10.

(2) Article 15 shall apply mutatis mutandis to the qualifications of persons who may conduct a ground subsidence risk assessment. In such cases, "underground safety assessment" shall be construed as "ground subsidence risk assessment". <Amended on Jan. 25, 2022>(3) Methods for preparing a ground subsidence risk assessment report under Article 35(1) of the Act (hereinafter referred to as "ground subsidence risk assessment report") shall be as specified in Appendix 11.

Article 30Emergency safety measures for prevention of ground subsidence incidents caused by underground structures

Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu orders a relevant person to take safety measures under Article 38(1) of the Act, he or she shall issue a written order to take safety measures which include the following to a relevant underground structure manager and the owner or occupant of relevant land (hereinafter referred to "relevant persons such as underground structure managers"): <Amended on Jan. 25, 2022>1. Details of and reasons for safety measures;

2. Methods for taking safety measures;

3. Deadlines for safety measures.[Title Amended on Jan. 25, 2022]

Article 31Formulation of plans for improvement of underground structures subject to intensive control

(1) An underground structure manager shall submit an improvement plan under Article 40(1) of the Act (hereinafter referred to as "improvement plan") to the head of a Si/Gun/Gu within 30 days from the date underground structures and areas subject to intensive control of ground subsidence (hereinafter referred to as "underground structure subject to intensive control") under Article 35(2) of the Act are designated and publicly notified.

(2) An improvement plan shall include the following:

1. The location, scale, design drawing, managing entity, etc. of an underground structure subject to intensive control;

2. The status of ground subsidence risk of an underground structure subject to intensive control;

3. An improvement project plan including the period, costs, etc. required to improve an underground structure subject to intensive control;

4. Matters necessary to ensure safety prior to commencing an improvement project for an underground structure subject to intensive control;

5. Other matters necessary to implement an improvement project for underground structures subject to intensive control.

(3) Upon receiving an improvement plan, the head of a Si/Gun/Gu shall submit the improvement plan to the Mayor/Do Governor within 15 days from the receipt of the plan.

(4) Upon receiving the plan under paragraph (3), the Mayor/Do Governor shall submit the same to the Minister of Land, Infrastructure and Transport within 15 days from the receipt of the plan.

Article 32Emergency measures against ground subsidence

(1) Where the head of a Si/Gun/Gu intends to take emergency measures under Article 41(1) of the Act, he or she shall issue a written order to those required to take emergency measures; and shall issue written confirmation to those who have taken emergency measures accordingly; provided, in the event of an emergency, a verbal order may be issued.

(2) Where the head of a Si/Gun/Gu intends to temporarily use land, buildings, structures, and other possession of third persons (hereinafter referred to as "land, etc.") or to change or remove obstacles under Article 41(1) of the Act, he or she shall notify relevant persons such as underground structure managers of the details thereof in writing; provided, in the event of an emergency, a verbal notification may be issued; and where it is impracticable to identify relevant persons such as underground structure managers to be notified of, the fact that land, etc. is to be temporarily used or obstacles are to be changed or removed shall be posted on the bulletin board or the website of a relevant Si/Gun/Gu for at least 15 days. <Amended on Jan. 25, 2022>(3) Public officials who temporarily use other persons’ land, etc. or change or remove obstacles under Article 41(1) of the Act shall carry identification indicating his or her authority and present it to relevant persons such as underground structure managers. <Amended on Jan. 25, 2022>