Strengthening Construction Equipment Safety... "City/Province Governors to Order Operation Suspension if Inspection Fails"

[Asia Economy Reporter Ryu Tae-min] The Ministry of Land, Infrastructure and Transport announced that the amendment to the Construction Machinery Management Act, aimed at strengthening the safety of construction machinery and preventing accidents, will be enforced starting from the 4th.

On the 2nd, the Ministry of Land, Infrastructure and Transport announced that the revised Enforcement Decree and Enforcement Rules of the Construction Machinery Management Act will be implemented from the 4th. This amendment is a follow-up legislative measure to enforce the revised Construction Machinery Management Act, which introduces regular inspection orders and usage/operation suspension orders for construction machinery. According to this subordinate legislation amendment, provincial governors may issue regular inspection orders to owners of construction machinery that have not undergone regular inspections within a period of up to 31 days. Owners must apply for the inspection to an inspection agent within the period and have the inspection conducted on the scheduled date.

The compliance period for the orders has been unified to within 31 days, the same as the regular inspection order. If it is inevitably difficult to comply with the order due to long-term maintenance, the compliance period may be extended.

Previously, even if construction machinery failed the regular inspection, it could still be used or operated. However, following the legal amendment, provincial governors can now issue usage/operation suspension orders along with regular or occasional inspection orders or maintenance orders. The amendment also establishes regulations regarding the inspection nonconformities that require usage/operation suspension and the procedures for issuing such suspension orders.

Furthermore, the Ministry explained that to prepare for potential inconveniences such as delays in construction machinery inspections and difficulties in using construction machinery at construction sites, the revised law clearly defines the obligations of inspection agents. Additionally, if the Ministry determines that a business suspension order would harm the public interest, the law stipulates the standards and procedures for imposing fines as an alternative to business suspension.

Woo Jeong-hoon, Director of the Construction Industry Division at the Ministry of Land, Infrastructure and Transport, stated, “Through this amendment, we will establish an effective safety management system for construction machinery and strive to foster a culture of using safe construction machinery.”