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PRESIDENTIAL DECREE FOR THE CONSTRUCTION MACHINERY MANAGEMENT ACT

[Effective Aug 7, 2009] [Presidential Decree No. 21668, Aug 5, 2009, Amendment of Other Presidential Decrees]

Ministry of Land, Transport, and Maritime Affairs (Construction Manpower, Machinery, and Materials Division) 02-2110-8371

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Presidential Decree is to provide for the matters delegated by the Construction Machinery Management Act, (hereinafter referred to as "Act"), and the matters necessary for the enforcement thereof.

Article 2 (Scope of Construction Machinery)

Construction Machinery under Article 2 (1) 1 of the Construction Machinery Management Act, (hereinafter referred to as "Act"), shall be as shown in Attached Table 1. Article 3 (Application for Registration, etc.)

Any owner of construction machinery intending to register said construction machinery under Article 3 (1) 1 of the Act shall submit an application, (including an application in an electronic document format), for construction machinery registration attached with documents, (including electronic documents), as per each of the following subparagraphs with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor, (hereinafter referred to as "Mayor/Do governor"), having jurisdiction over the location of the construction machinery owner's address or over the place of use of the construction machinery. In such cases, the public official in charge shall confirm certified copies of the construction machinery original register, (limited to cases of construction machinery whose registration has been cancelled), through the common use of the administrative information under Article 21 (1) of the E-Government Act. For other documents to be attached, if they can be substituted with confirmation through the common use of administrative information, the public official may substitute accordingly, and, if the applicant does not consent to such confirmation, the public official shall attach the above-mentioned documents:

1. Any document under each of the following items which proves the source of construction machinery:

- Construction machinery manufacture certificate, (limited to domestically manufactured construction machinery);

- Import license or other documents proving the fact of import, (limited to imported construction machinery);

- Deleted; - Purchase certificate, (limited to construction machinery purchased from government agencies);

2. Any document proving the ownership of construction machinery, provided, however, that where any document under each of the items of Subparagraph 1 can prove the ownership of construction machinery, such documentation may be used in substitute;

3. Construction machinery dimension table;

4. Any document proving the presence of insurance coverage or mutual-aid coverage under Article 5 of the Automobile Damage Compensation Guarantee Act, (limited to construction machinery under Article 2 of the Presidential Decree for the Automobile Damage Compensation Guarantee Act, but excluding for-sale construction machinery reported to the Mayor/Do governor under Article 25 (3) of the Act). (2) Any application for construction machinery registration under Paragraph (1) shall be made within 2 months of the date of purchase of construction machinery, (the date of sale if construction machinery was imported for the purpose of sale), provided, however, that in the case of war, civil disturbance, or other national emergencies, such said application shall be made within 5 days thereof.

(3) Any Mayor/Do governor, when receiving applications for construction machinery registration under Paragraph (1), shall confirm contents of the application and test results for initial registration, (in the case of confirmation testing under Article 19 (1) or (2) of the Act, the results thereof), state such contents in the construction machinery original register and the construction machinery registration certificate, and promptly issue the construction machinery registration certificate to the owners of said construction machinery. (4) Any Mayor/Do governor shall conduct registration and management of construction machinery by using the information and telecommunication network operated by the Minister for the registration and management of construction machinery, (hereinafter referred to as "information and telecommunication network"), provided, however, that where the information and telecommunication network is unavailable due to a failure to install computing equipment and computing programs, problems with computing machinery, or other unavoidable reasons, manual processing may be used temporarily. (5) Any Mayor/Do governor who has used manual processing under the provision of Paragraph (4) shall promptly input relevant data and manage the information and telecommunication network when the information and telecommunication network becomes available. Article 3-2 (Establishment of the Construction Machinery Demand and Supply Plan, etc.)

(1) The Minister shall establish the construction machinery demand and supply plan under Article 3-2 of the Act, (hereinafter referred to as the "construction machinery demand and supply plan"), after undergoing deliberations of the construction machinery Demand and Supply Regulation Committee under Article 3-2 of the Act every five years.

(2) "Other matters provided for by Presidential Decree" under Article 3-2 (1) 4 of the Act shall mean matters under each of the following subparagraphs:

1. Trends of manufacture and sale of construction machinery;

2. Matters relating to rental rates, operation and maintenance costs, etc. of construction machinery;

3. Matters relating to demand prediction of construction machinery by type, capacity, and region;

(3) The Minister may request any Mayor/Do governor and related organizations to provide any information necessary for the establishment of construction machinery demand and supply plan. (4) Where necessary due to natural disaster, etc., the Minister may amend the construction machinery demand and supply plan by undergoing deliberations of the construction machinery Demand and Supply Regulation Committee under Article 3-3 of the Act, provided, however, that the same shall not apply to any amendment of minor matters.

[This Article Newly Inserted by Presidential Decree No. 20171, Jul 18, 2007] Article 3-3 (Restrictions on the Registration of Commercial Construction Machinery, etc.)

(1) "Registration of commercial construction machinery" under Article 3-2 (1), (except for each subparagraph), of the Act shall mean registration of construction machinery owned by a construction machinery rental business operator for lease purposes. (2) Any Mayor/Do governor, when receiving notice of registration restrictions under Article 3-2 (2) of the Act, shall prohibit registration of commercial construction machinery during the period of restriction, provided, however, that the same shall not apply to registration during the period of restriction of the construction machinery replacing the construction machinery whose registration has been cancelled under Subparagraphs 7 through 9 of Article 6 (1) of the Act, (if construction machinery of the same type or standards as that whose registration has been cancelled or the same standards are not manufactured or are unavailable due to differences of manufacturers, limited to the construction machinery of the nearest standards). (3) The Minister may revoke the restriction of registration prior to the expiration of the registration restriction period where necessary due to a steep increase in construction machinery demand resulting from natural disaster, etc., by undergoing deliberations of the construction machinery Demand and Supply Regulation Committee.

[This Article Newly Inserted by Presidential Decree No. 20171, Jul 18, 2007] Article 3-4 (Function, Composition, etc. of the Construction Machinery Demand and Supply Regulation Committee)

(1) The construction machinery Demand and Supply Regulation Committee under Article 3-3 of the Act, (hereinafter referred to as the "Demand and Supply Regulation Committee"), shall deliberate on matters under each of the following subparagraphs:

1. Matters relating to the establishment of the construction machinery demand and supply plan;

2. Matters relating to the selection of construction machinery requiring demand and supply regulation;

3. Matters relating to the period of registration restriction for commercial construction machinery;

4. Matters relating to the notice date of registration restriction for commercial construction machinery;

5. Other matters related to demand and supply regulation which are submitted by the Chairperson.

(2) Members of the Demand and Supply Regulation Committee shall be appointed or commissioned by the Minister from among those falling under each of the following subparagraphs:

1. Any general-service public official belonging to the Senior Civil Service of the Ministry or the Ministry of the Knowledge Economy;

2. Any public official of rank or higher belonging to any Special Metropolitan City, Metropolitan City, or Do;

3. Any officer of a construction machinery-related business association;

4. Any expert in the field of construction machinery. (3) The term of office for non-public official members shall be 2 years. [This Article Newly Inserted by Presidential Decree No. 20171, Jul 18, 2007] Article 3-5 (Operation, etc. of the Demand and Supply Regulation Committee) (1) The Chairperson shall represent the Demand and Supply Regulation Committee and shall be in charge of the affairs thereof.

(2) Where the Chairperson is unable to conduct his/her duties for unavoidable reasons, the member designated by the Chairperson in advance shall act for the Chairperson. (3) The Chairperson shall convene, and preside over, the meetings of the Demand and Supply Regulation Committee.

(4) Meetings of the Demand and Supply Regulation Committee shall be in session by the presence of a majority of the members in office, and shall make resolutions by the concurrence of a majority of the members present. (5) In order to manage the affairs of the Demand and Supply Regulation Committee, one secretary shall be appointed by the Minister from among the public officials belonging to the Ministry. (6) Any member participating in the meeting of the Demand and Supply Regulation Committee may be paid allowance and travel expenses within the limit of the budget, provided, however, that the same shall not apply where any member who is a public official participates in the meeting in direct connection with such said public official's duties. (7) The Demand and Supply Regulation Committee, if it deems it necessary, may request relevant institutions or organizations for necessary cooperation, such as the provision of information or opinions.

(8) Except as provided for by Presidential Decree, matters necessary for the operation of the Demand and Supply Regulation Committee shall be determined by the Chairperson after undergoing deliberations by the Demand and Supply Regulation Committee. [This Article Newly Inserted by Presidential Decree No. 20171, Jul 18, 2007] Article 4. Deleted Article 5 (Report of a Change in Registered Matters) (1) Where there is any change, (except for a change in the address or the place of use under Article 6), in the registration of construction machinery, under Article 5 of the Act, the owner of the construction machinery shall submit a report of said change in the registration of construction machinery, within 30 days, (in the case of inheritance, 2 months from the date when the inheritance has commenced), of such said change, attached with documents under each of the following subparagraphs, to the Mayor/Do governor, provided, however, that in the case of war, civil disturbance, or other comparable national emergencies, the report of change shall be made within 5 days:

1. Any document proving the changed contents;

2. Construction machinery registration certificate;

3. Construction machinery inspection certificate, (limited to the construction machinery subject to regular inspection; hereinafter the same shall apply.). (2) Any Mayor/Do governor who has received a report of change in the registered matters under Paragraph (1) shall state the change in the construction machinery registration certificate and the construction machinery inspection certificate, issue those certificates to the owner of construction machinery, and notify such said fact to the inspection agent under Article 14 (3), (hereinafter referred to as the "inspection agent"), of the Act.

Article 5-2 (Seller's Report of Change in Registered Matters) (1) Any seller of construction machinery, when intending to report a change in the registered matters under Article 5 (3) of the Act, shall submit a report of a change in the registered matters attached with documents proving the sale, to the Mayor/Do governor with whom the seller has registered under Article 3 of the Act. (2) Any Mayor/Do governor who has received a report under Paragraph (1) shall promptly notify the seller to report the change in the registered matters during the period fixed by such Mayor/Do governor which is not less than 7 days but not more than 15 days. (3) Where the buyer fails to file an appeal during the period mentioned in Paragraph (2) or report the change in the registered matters, the Mayor/Do governor shall state the change reported by the seller in the construction machinery original register and notify the seller and buyer thereof, respectively.

[This Article Newly Inserted by Presidential Decree No. 16552, Sep 9, 1999] Article 6 (Transfer of Registration)

(1) Any owner of registered construction machinery, where the registered address or the place of use has been changed, (limited to a change among the Special Metropolitan City, Metropolitan Cities, and Dos), shall submit a report for the transfer of construction machinery registration attached with documents proving the change in the owner's address or the place of construction machinery use, construction machinery registration certificate, and construction machinery inspection certificate to the Mayor/Do governor having jurisdiction over the new location of registration, within 30 days of the change, (in the case of inheritance, 3 months from the date when the inheritance has commenced). (2) Any Mayor/Do governor who has received a report under Paragraph (1) shall confirm the construction machinery original register and the inspection register, record the transfer of registration, issue a construction machinery inspection certificate and a newly prepared construction machinery registration certificate to the reporting person, and promptly notify such said fact to the inspection agent and interested parties on the construction machinery original register, (including notice by electronic document if the inspection agent and the interested parties on the construction machinery original register so wish). (3) Under Paragraph (2), any Mayor/Do governor, when issuing a construction machinery registration certificate, shall notify the reporting person to replace the construction machinery registration number plate, and notify such said fact to the person designated under Article 8-2 of the Act to manufacture a construction machinery registration number plate and engrave the registration number as a business, (hereinafter referred to as the "registration number plate manufacturer").

(4) Any person notified under Paragraph (3) shall promptly be issued a registration number plate from the registration number plate manufacturer, attach it, and seal it.

Article 7 Deleted

Article 8 (Correction of Registration)

Any Mayor/Do governor, when finding errors or omissions concerning registration after making registration under Articles 3 and 5 of the Act, shall make a correcting registration as an additional remark and shall promptly notify such said fact to the registered holder, , and the registration agent of the construction machinery. Article 9 (Preparation and Maintenance of the Construction Machinery Original Register) (1) The construction machinery original register under Article 7 (1) of the Act shall be prepared for each item of construction machinery.

(2) In addition to the construction machinery original register under Paragraph (1), any :

: person

: (*""

: )

Mayor/Do governor shall prepare and maintain the construction machinery registration reception register, construction machinery original register list, construction machinery registration application file, and construction machinery registration certificate issuance register as provided for by Ordinance of the Ministry, (hereinafter referred to as the "Ordinance of the Ministry").

(3) The construction machinery registration reception register, construction machinery original register list, construction machinery registration application file, and construction machinery registration certificate issuance register under Paragraph (2) shall be prepared and maintained in such a method as to enable electronic processing, unless special circumstances exist which make electronic processing impossible.

Article 10 (Return of Registration Number Plates) "Change in matters provided for by Presidential Decree" under the main sentence of Article 9 of the Act shall mean a change as outlined in each of the following subparagraphs:

1. Change in the owner's address, or place of use, of the registered construction machinery, (limited to a change among the Special Metropolitan City, Metropolitan Cities, and Dos); and

2. Change in the registration number. [Wholly Amended Presidential Decree No. 16872, Jun 27, 2000] Article 10-2 (Structure and System of Construction Machinery) (1) The structure of construction machinery required to conform to construction machinery safety standards under Article 12 (1) of the Act shall be those as per each of the following subparagraphs:

1. Length, width, and height;

2. Ground clearance;

3. Gross weight;

4. Weight distribution;

5. Limit angle of vehicle turn over (maximum safety slant angle);

6. Minimum turning radius;

7. Contact part and contact pressure. (2) The system of construction machinery required to conform to construction machinery safety standards under Article 12 (1) of the Act shall be those outlined in each of the following subparagraphs:

1. Engine (power generation system) and transmission;

2. Driving system;

3. Control system;

4. Steering system;

5. Braking system;

6. Suspension system;

7. Fuel system and maximum speed restriction system, other electric and electronic system;

8. Body frame and chassis;

9. Connecting system and torque system;

10. Riding system and loading system;

11. Window glass;

12. Noise control system;

13. Exhaust gas emission system;

14. Headlight, number plate light, taillight, brake light, parking light, back-up light, other lighting system;

15. Klaxon (*or "horn": ) and alarm system;

16. Indicator light, other indication system;

17. Rear view mirror, window shield, other eyesight-securing system;

18. Speedometer, odometer, tachometer, other measuring instruments;

19. Fire extinguisher and fire prevention system;

20. Anti-pressure container and accessories thereof;

21. Other system required for the safe operation and use of construction machinery and provided for by Ordinance of the Ministry.

[This Article Newly Inserted by Presidential Decree No. 21562, Jun 25, 2009] Article 11 (Object of Construction Machinery Type Report) "Construction machinery provided for by Ordinance of the Ministry" under the provision of Article 18 (2) of the Act shall be the construction machinery as identified in each of the following subparagraphs:

1. Bulldozers;

2. Excavators, (limited to caterpillar type);

3. Loaders, (limited to caterpillar type);

4. Forklifts;

5. Scrapers;

6. Cranes, (limited to caterpillar type);

7. Rollers;

8. Road stabilizers;

9. Concrete batching plants;

10. Concrete finishers;

11. Concrete spreaders;

12. Asphalt mixing plants;

13. Asphalt finishers;

14. Aggregator spreaders;

15. Stone crushers;

16. Air compressors;

17. Boring machines, (limited to caterpillar type);

18. Pile drivers and pile extractors;

19. Gravel digging equipment;

20. Dredgers, (Dredging boats);

21. Specialized construction machinery;

22. Tower cranes. [Wholly Amended by Presidential Decree No. 16552, Sep 9, 1999] Article 12 (Confirmation Inspection of Construction Machinery) (1) A confirmation inspection under Article 19 (1) or (2) of the Act shall be conducted for a construction machinery of a certain type manufactured, assembled, or imported for the first time.

(2) Any person intending to receive a confirmation inspection under Paragraph (1) shall submit to the Minister an application for a construction machine type confirmation inspection.

(3) The Minister who has received an application under Paragraph (2) shall inspect whether the construction machine concerned has been approved or approved for change under Article 18 (2) or (3) of the Act, or whether the construction machine concerned conforms to the type reported under Article 18 (4) of the Act. (4) The Minister shall notify the results of the confirmation inspection under Paragraph (3) to the applicant and where the construction machine is deemed to conform to the type, shall notify such said fact to the Mayor/Do governor and the inspection agent. Article 13 (Registration of Construction Machinery Rental Business, etc.)

(1) Any person intending to register for construction machinery rental business operations, (including where construction machinery is rented along with the construction machinery operator and where construction machinery is rented with the cost of construction machinery operator being assumed, [by the rental business operator]), under Article 21 of the Act shall submit to the Mayor/Do governor an application for construction machinery rental business registration attached with documents provided for by Ordinance of the Ministry.

(2) Registration of a construction machinery rental business under Paragraph (1) shall be conducted based on the following categories:

1. General construction machinery rental business: Businesses operated with 5 or more construction machines, (including where 2 or more individuals or juristic persons operate jointly);

2. Individual construction machinery rental business: Businesses operated with 4 or less construction machines by 1 individual or juristic person. (3) In the case of Paragraph (1), 2 or more individuals or juristic persons intending to operate a construction machinery rental business jointly shall submit an application for registration in the name of the representative, and each member shall state his/her name and attach his/her signature on the application as part of a joint signature.

(4) In the case of Paragraph (3), each member shall draw up a contract concerning the rights and obligations concerning the operation as provided for by Ordinance of the Ministry, and attach it to the application. Article 14 (Registration of a Construction Machinery Maintenance Business, etc.) (1) Any person intending to register a construction machinery maintenance business under Article 21 of the Act shall submit to the Mayor/Do governor an application for construction machinery maintenance business registration attached with documents as provided for by Ordinance of the Ministry.

(2) The registration of construction machinery maintenance business under Paragraph (1) shall be conducted based on the following categories, and the scope of business per category shall be as provided for by the attached Table 2:

1. Comprehensive construction machinery maintenance business;

2. Partial construction machinery maintenance business;

3. Specialized construction machinery maintenance business. Article 15 (Registration of Construction Machinery Sales Business, etc.)

Any person intending to register a construction machinery sales business under Article 21 of the Act shall submit to the Mayor/Do governor an application for construction machinery sales business registration attached with documents as provided for by Ordinance of the Ministry.

Article 15-2 (Registration of Construction Machinery Dismantling Business, etc.) Any person intending to register a construction machinery dismantling business under Article 21 of the Act shall submit to the Mayor/Do governor an application for construction machinery dismantling business registration attached with documents as provided for by Ordinance of the Ministry.

[This Article Newly Inserted by Presidential Decree No. 16552, Sep 9, 1999] Article 16 (Contents to be Included in a Construction Machinery Rental Contract) "Other matters provided for by Presidential Decree" in Article 22 (2) of the Act shall be those as outlined under each of the following subparagraphs:

1. Matters relating to the rented construction machinery and the construction site;

2. Matters relating to the per day operation time of construction machinery;

3. Matters relating to the time, method, and amount of payment, where an agreement has been reached on the payment of rent;

4. Matters relating to the transportation costs of construction machinery and the person to assume such costs;

5. In the case of contract cancellations or acts of God, matters on the assumption of damage;

6. In the case of disputes, matters on the methods for dispute resolution. [This Article Newly Inserted by Presidential Decree No. 20171, Jul 18, 2007] Article 17 (Permit for Mutual-Aid Business)

(1) The construction machinery business operator association under Article 32 of the Act, when intending to receive a permit for mutual-aid business under Article 32-2 (1) of the Act, shall submit to the Minister an application for a permit for mutual-aid business, attached with mutual-aid regulations and terms and conditions of the contract.

(2) Mutual-aid regulations under Paragraph (1) shall include matters falling under each of the following subparagraphs:

1. Contents of the mutual-aid business;

2. Mutual aid contracts;

3. Methods of disposal for contribution, mutual-aid funds, liability reserve, emergency risk reserve, payment reserve, deficit, etc;

4. Other matters necessary for the operation of the mutual-aid business. [This Article Newly Inserted by Presidential Decree No. 16552, Sep 9, 1999] Article 17-2 (Contents, Operation, etc. of a Mutual-Aid Business) (1) Contents of a mutual-aid business under Article 32-2 (4) of the Act shall be those falling under each of the following subparagraphs:

1. Mutual-aid for liability resulting from any accident caused by any member's construction machinery;

2. Mutual-aid for damage incurred by any construction machinery due to an accident occurring while any member owns, uses, or manages such construction machinery;

3. Mutual-aid for damage incurred by any construction machinery operator's body due to an accident occurring while such construction machinery operator uses or manages any member's construction machinery;

4. Business for the enhancement of members' welfare, including the installation, operation, and management of common facilities;

5. Other business activities to promote the economic benefits of the members. (2) The association shall appropriate and accumulate a liability reserve, emergency risk reserve, and payment reserve for the business concerned at the end of each business year as provided for by mutual-aid regulations.

(3) The association shall administer mutual-aid accounting separately from accounting for other business activities.

[This Article Newly Inserted by Presidential Decree No. 16552, Sep 9, 1999] Article 17-3 (Compulsory Disposal of Abandoned Construction Machinery) (1) Any Mayor/Do governor intending to make a disposition or issue an order under Article 34-2 (1) of the Act on construction machinery shall confirm that the item of construction machinery concerned is one falling under Article 33 (3) of the Act, (hereinafter referred to as "abandoned construction machinery"). In such cases, whether any construction machinery is abandoned, construction machinery shall be determined by comprehensively reviewing the condition, location of discovery, and abandoned period of the construction machinery, contents of neighbors' statements or reports, and other circumstances. (2) Any Mayor/Do governor may dismantle any construction machinery item falling under each of the following subparagraphs from among the abandoned construction machinery items, pursuant to Article 34-2 (2) of the Act:

1. Construction machinery in such a condition so that a change of location or towing thereof is difficult;

2. Construction machinery of which most of the structure or system is disassembled or destroyed so that maintenance or repair thereof is difficult;

3. Construction machinery of which the cost of selling, etc. is so high such that dismantling is unavoidable.

(3) Any Mayor/Do governor intending to sell or dismantle any construction machinery abandoned under Article 34-2 (2) of the Act shall notify such said intention to the owner of the record in the construction machinery original register, interested parties, (* " " owner : ),

or possessor thereof, in writing.

(4) Any Mayor/Do governor having dismantled construction machinery original registered in any other city or Do shall promptly notify the fact of dismantling to the Mayor/Do governor of such city or Do.

[This Article Newly Inserted by Presidential Decree No. 16552, Sep 9, 1999] Article 18 (Delegation of Authority)

Pursuant to Article 38 (2) 4 of the Act, the Minister shall delegate to the Mayor/Do governor the authority of construction machinery inspection under Article 13 (1) through (3) of the Act. [Wholly Amended by Presidential Decree No. 20171, Jul 18, 2007] Article 18-2 (Entrustment)

(1) "Other juristic person or organization provided for by Presidential Decree" under Article 38 (2) 4 of the Act shall be the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act.

(2) Pursuant to Article 38 (2) of the Act, the Minister shall entrust business activities under each of the following subparagraphs as follows:

1. Type approval and type change approval under Article 18 of the Act and confirmation inspection under Article 19 of the Act: Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act, provided, however, that confirmation inspections for tower cranes shall be entrusted to the Korea Occupational Safety & Health Agency under the Korea Occupational Safety & Health Agency Act.

2. Reception of type report and type change report under Article 18 of the Act: Inspection agent, provided, however, that the reception of type report and type change report for tower cranes shall be managed by the Korea Occupational Safety & Health Agency under the Korea Occupational Safety & Health Agency Act.

3. Career management for construction machinery operators under Article 30-2 of the Act: Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act. [Wholly Amended by Presidential Decree No. 20171, Jul 18, 2007] Article 19 (Criteria for Imposing Civil Fines)

Criteria for imposing civil fines under Articles 44-1 and 44-2 of the Act shall be those under the attached Table 3.

[Wholly Amended by Presidential Decree No. 21562, Jun 25, 2009] ADDENDA (Presidential Decree for the Building Act) Article 1 (Effective Date) This Presidential Decree shall enter into effect on Aug 7, 2009. Article 2 Omitted

Article 3 (Amendment of Other Statutes)

(1) The Presidential Decree for the Construction Machinery Management Act shall be partially amended as follows:

"Article 5 (4) 3 of the Presidential Decree for the Building Act" under Article 41 (1) 2 shall be changed to "Article 5 (4) 4 of the Presidential Decree for the Building Act." (2) Omitted