The machinery and equipment industry has greatly contributed to convenient and safe living conditions for the people through the heating, cooling and ventilation of industrial facilities and the design and construction of various types of energy equipment.

Recently, machinery and equipment, such as air-conditioning, cooling, heating and sanitary equipment, have become increasingly important with a growing public interest in safety, health and energy efficiency. The relevant industry continues to grow as evidenced by the expansion of the market for machinery and equipment remodeling for aging facilities.

Accordingly, this proposal aims to establish a basic plan for the development of the machinery and equipment industry at the national level, to train R&D and industry professionals, and to lay the foundation for international cooperation and overseas market advance in the age of the 4th industrial revolution. Also, the purpose of this bill is to set the technical standards for the design, construction and maintenance of machinery and equipment, thereby promoting public safety and welfare; and to lay an institutional groundwork for job creation by boosting the industry and creating new markets.

Details

A. The name of the Act shall be the Machinery and Equipment Act (name of the legislation).
B. The state and local governments shall establish and implement the policies necessary for the development of the machinery and equipment industry and the safety and maintenance of machinery and equipment, and shall prepare measures, etc. to provide administrative and financial assistance necessary for implementing such policies (Article 3).
C. Except as otherwise provided for in other Acts, this Act shall apply to matters concerning the development of the machinery and equipment industry and the technical standards for and maintenance of machinery and equipment; and the 「Act on Contracts to which the State is a Party」, the 「Act on Contracts to which a Local Government is a Party」, and the 「Framework Act on the Construction Industry」 shall apply to matters concerning the subcontracting of machinery and equipment construction work (Article 4).
D. The Minister of Land, Infrastructure and Transport shall establish and implement a basic plan for the development of the machinery and equipment industry through a quinquennial consultation with the head of the relevant central administrative agency to promote the machinery and equipment industry and ensure efficient maintenance and performance of machinery and equipment (Article 5).
E. The Minister of Land, Infrastructure and Transport shall conclude agreements with public and private agencies, universities and corporations to undertake R&D projects necessary for the development of the machinery and equipment industry (Article 8).
F. A manager for machinery and equipment shall receive training on the maintenance of machinery and equipment (hereinafter “maintenance training”) provided by the Minister of Land, Infrastructure, and Transport as prescribed by Presidential Decree; and the Minister of Land, Infrastructure and Transport shall designate the institutions for training professionals according to the requirements and procedures prescribed by Presidential Decree and cover part or all of the expenses necessary for such education and training (Article 9).
G. The Minister of Land, Infrastructure and Transport shall provide support for international cooperation and overseas market advance, such as provision of relevant information and the hosting of international events, and shall devise administrative measures necessary for providing tax and financial support, etc., for the development of the machinery and equipment industry (Article 11 and 12).
H. The Minister of Land, Infrastructure and Transport shall determine and publicly notify the technical standards for machinery and equipment required to ensure the safety and performance of machinery and equipment; and equipment business operators shall meet these standards (Article 14).
I. A person who places an order for machinery and equipment construction work prescribed by Presidential Decree shall submit machinery and equipment drawing documents to the Special Autonomous City Mayor, Special Autonomous Do Governor, city mayor, head of Gun/Gu to check whether they conform to the technical standards before the initiation of work; and on completion of work, shall have it inspected prior to use (Article 15).
J. The Minister of Land, Infrastructure and Transport shall determine and publically notify the maintenance standards for machinery and equipment necessary for its maintenance and inspection (Article 16).
K. An owner or manager of machinery and equipment (hereinafter “managing entity”) installed in a building exceeding a certain size determined by Presidential Decree shall meet the maintenance standards for machinery and equipment, conduct a performance inspection (hereinafter “performance inspection”) necessary for its maintenance, and prepare and keep records of such inspection. In this case, the managing entity may allow a machinery and equipment performance inspector to act as an agent in performing an inspection (Article 17).
L.  A managing entity may entrust machinery and equipment maintenance work to a person specialized in facility management who employs a machinery and equipment maintenance manager (Article 18).
M. A managing entity shall appoint a machinery and equipment maintenance manager as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and the managing entity who appointed the machinery and equipment maintenance manager shall dismiss any machinery and equipment maintenance manager who fails to receive maintenance training without justifiable reasons for more than the specified number of times prescribed by Presidential Decree (Article 19).
N. A person who intends to perform business related to the performance of machinery and equipment shall register with the Special City Mayor, Metropolitan City Mayor, Special Autonomous Do Mayor, Do Governor or Special Autonomous Do Governor, after fulfilling the requirements such as securing capital or technicians as prescribed by Presidential Decree (Article 20).
O. A person who has placed an order for machinery and equipment construction work without prior confirmation or a person who has used machinery and equipment without receiving a prior inspection shall be subject to imprisonment for up to 1 year or a fine not exceeding KRW10 million (Article 28).
P. A person who fails to meet the maintenance standards or appoint a machinery and equipment maintenance manager, etc., shall be subject to a fine for negligence of up to KRW5 million; and a person who fails to receive maintenance training or dismiss a person who fails to receive maintenance training shall be subject to a fine for negligence of up to KRW1 million (Article 30).

Require a machinery and equipment business operator to meet the technical standards publicly notified by the Minister of Land, Infrastructure and Transport (Article 14, paragraph 2)

Require a person who placed an order for machinery and equipment construction work to check in advance if such machinery and equipment meets the technical standards, and to inspect prior to use; and punish violators with imprisonment for up to 1 year or a fine for negligence of up to KRW10 million (Article 15, paragraph 1, Article 28, subparagraph 1)

Require a machinery and equipment business operator to meet the maintenance standards publicly notified by the Minister of Land, Infrastructure and Transport and to prepare and keep the records of such inspections; and punish a person who fails to meet the maintenance standards with a fine for negligence of up to KRW5 million (Article 17, Article 30, paragraph 1, subparagraph 1~3)
Require a machinery and equipment manager to receive training on machinery and equipment maintenance and dismiss a machinery and equipment manager who fails to receive training (Article 19, paragraph 2, Article 20, paragraph 1)

Require a person who intends to perform a machinery and equipment performance inspection to register with the City Mayor or Do Governor and include "failure to register with them" in grounds for disqualification and revocation of qualifications (Article 21, Article 22)