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¤ý°ÔÀç³â¿ù 2011/07
 
The Never-Ending Safety on Board Act Controversy: Is It Over?
The proposed 'elevator law' is getting more and more 'çé×ìÙöñé'
Pro and con controversy overheatedYangsang Inheritance Home Management Association's favorable intentions reflected
National Assembly bill review subcommittee meeting canceled, will it go to September?

2011/07

On the 16th of last month, a bill to amend the 'Elevator Facility Safety Management Act' (hereinafter referred to as the 'Elevator Act'), which was proposed by the Ministry of the Interior and Safety and the National Assembly, was presented to the National Assembly Committee on Public Administration and Safety. In response, the Korea Association of Housing Managers expressed its support for the amendments to the Elevator Safety Act by calling for 'resident safety first', causing the elevator industry to be on high alert. In response, the industry's four major elevator organizations and technicians submitted a solidarity petition demanding the withdrawal of the Elevator Safety Act, and the Conservative Association held a picket protest in front of the National Assembly, shouting for the withdrawal of the proposed bill to restrict subcontracting of elevator repairs.
Although the bill was not discussed at the National Assembly's bill review subcommittee meeting scheduled for the 23rd, the debate is expected to continue until the regular session of the National Assembly in September.  It will be interesting to see how long the debate between proponents and opponents will continue. Editor's Note

A bill to amend the 'Elevator Facility Safety Management Act' (hereinafter referred to as the Elevator Act), which was proposed by the Ministry of the Interior and Safety and lawmakers, was submitted to the Committee on Interior and Safety on the 16th of last month. As a result, opponents of the Elevator Safety Act are scrambling to defend the last gateway ahead of a meeting of the National Assembly's Bill Review Subcommittee to be held on the 22nd.
To make matters worse, the Korea Housing Management Association (hereinafter referred to as the Association), a group of apartment complex management companies that have installed and operated 220,000 elevators, more than half of the country's elevators, announced its support for the amendment to the Elevator Safety Act, calling for 'resident safety first,' putting the elevator industry in a quandary. The association is in favor of ¡ã registration system of elevator manufacturing, installation, and maintenance companies that can ensure the safety of residents in apartment buildings ¡ã expansion of the scope of certification for elevator product safety ¡ã history management of elevator technicians such as elevator certification, installation, inspection, and maintenance companies ¡ã designation of a single organization for elevator completion inspection.
The association said, "Elevator safety accidents mainly occur in apartment buildings, and although statutory inspections are conducted every year as well as monthly self-inspections, the damage to users is increasing." "The current elevator safety management system, which does not reduce user damage at all despite going through several institutional procedures, must be improved," the association emphasized. As the association's support for the amendment to the Elevator Act comes from end-users who directly use elevators, the industry is concerned that the direction of the amendment to the Elevator Act may be tilted toward passage.

Four elevator organizations and technicians... submit solidarity petition
The elevator industry, which is under fire, has expressed its determination to meet the deadline by submitting a petition.
On the 16th of last month, the Korea Elevator Association, the Korea Elevator Industry Cooperative, the Korea Elevator Maintenance Industry Cooperative, the Korea Elevator Installation Contractors Association, and the Korea Elevator Safety and Technology Institute submitted a solidarity petition to the chairman of the Standing Committee on Public Administration and Finance and the chairman of the Subcommittee on Bill Review, as well as a petition signed by more than 7,000 people, strongly requesting the withdrawal of the two amendments to the Elevator Act proposed by Representative Lee Myung-soo and Representative Paik Won-woo, respectively. The contents are as follows
(Request to withdraw the proposed change of repair business to maintenance (agency) business (related to Article 2)
As the elevator maintenance industry is a technical service industry that requires specialized knowledge and skills in mechanical, electrical, electronic, etc. for maintenance and repair, stipulating the maintenance industry as a maintenance (agency) business that is the same as general maintenance would undermine the pride of specialized technical personnel and hinder the development of the industry as a technical service industry.
(Article 5) Request for withdrawal of proposed registration of manufacturers, importers, and installers
Registering manufacturers, importers, and installers of elevators or their parts with the Ministry of the Interior and Safety concentrates power in the central government and runs counter to the policy of decentralization.
Managing private companies under constant control in the name of elevator safety is unlikely to improve safety and will only result in backlash from the industry. In particular, the registration of installers is a double regulation that overlooks the registration of the construction industry (elevator installation work) in the Construction Industry Basic Act, which is under the jurisdiction of MOLIT.
(Article 7) Expanding the scope of compulsory certification of safety parts from 5 to 14 types (proposed)
The increase in certification costs hinders the willingness of technology development, and the effectiveness of safety improvement is questionable. In particular, it will worsen the business environment, which is contrary to the coexistence of small and medium-sized enterprises and will be passed on to the public.
(Regarding Article 8) Request to withdraw the proposal to transfer the responsibility for elevator safety certification to the Ministry of the Interior and Safety
Transferring the Ministry of Knowledge Economy, which has expertise in testing, analysis, and certification, to the Ministry of the Interior and Safety, which has no such expertise, would cause confusion and go against international trends.
We are concerned about the duplication of investment if the ministry is transferred to the Ministry of Public Administration and Safety, which has no expertise in testing, analysis, and certification.
(Article 11) Request for withdrawal of the proposed discriminatory application of the registration criteria for the repair business according to the type of elevator
According to Article 2 of the Enforcement Rules of the Act, there are 13 types of elevators, and elevators with new performance and technology are constantly being developed. The regulation imposes a burden on time, manpower, and cost to meet the registration standards for each elevator, and its effectiveness is questionable. In addition, there is a concern that the environment for preventive maintenance by small and medium-sized maintenance companies will be hindered.
(Article 15.3) Request to withdraw the proposed change of "Elevator Safety Management Center" to "Elevator Safety Corporation"
The industrialization of the KOSHA means that the KOSHA will be granted the authority to virtually encompass, monopolize, and control the entire elevator safety management business, including manufacturing, certification, training, manpower, and inspection.
This is likely to revive the monopoly of elevator inspection, infringe on fair and effective competition, and reduce the quality of public safety services.
(Regarding Article 20) Registration of technical personnel, reporting of changes, and request for withdrawal of graded training/evaluation
This is an excessive regulation that may leak personal information and violate human rights. In addition, high turnover is the biggest challenge for the elevator industry, and the manpower and time required to report technical personnel will eventually become a burden on the industry. In particular, it is questionable whether inspection agencies can provide on-the-job training for specialized technical personnel, such as elevator maintenance and installation, which are linked to the development of new technologies.
(Regarding Article 20(2)) Request for withdrawal of the Proposal for Career Management and Career Investigation of Technical Personnel
The effectiveness of career management of technical personnel on user safety is questionable, and the financial resources required for the organization and operation of personnel management may end up being transferred to the industry.
In addition, the authority to investigate the backgrounds of technical personnel at their schools of origin and elevator-related companies is a judicial power, and is an idea that has no origin in the world.
 
The Conservative Association picketing in front of the National Assembly 'Cancel the restriction on subcontracting!
The four organizations of the small and medium-sized elevator industry and the Korea Elevator Safety and Technology Institute, which submitted the petition, said in a statement, "In the legislative process to amend the law, the government, inspection agencies, and expert groups such as elevator-related organizations, "In the process of legislation to amend the law, policies should be prepared through the gathering of sufficient opinions from expert groups such as the government, inspection agencies, and elevator-related organizations, but in the name of strengthening safety management, regulations that hinder industry revitalization have increased." "Nevertheless, we are disappointed that the two amendments to the law proposed by the lawmakers are seen as a law to support a single inspection agency more than any other law related to elevators.
"It is doubtful that granting a single inspection agency a monopoly position and the power to control the entire elevator industry and related organizations, including manufacturing, maintenance, and installation, will help improve elevator safety."
"While we recognize that the proposed bill is a policy to strengthen the safety of elevators, we are concerned that the KOSHA, which has been seeking an arbitrary direction for the elevator system, such as promoting a dedicated agency and monopolizing inspections, may revert to the bureaucratic and authoritarian inspection agency of the pre-1997 era, weakening the competitiveness of the elevator industry and threatening the safety of users," he added, "In particular, since the purpose of establishment of the KCS and the KAS are the same as those stipulated in the revised bill and the current law, it is obvious that it would be an unacceptable policy for the public to bear the government budget for organizations and personnel with the same purpose of establishment, as it means that the government budget will compensate for the lack of role in the elevator safety management business as a statutory organization."
The Korea Elevator Maintenance Association (Chairman Seo Gil-soo, hereinafter referred to as the Conservative Association) also joined the protest against the Elevator Safety Act. The association picketed in front of the National Assembly in Yeouido for three days from the 20th to the 22nd of last month, calling for the withdrawal of the proposed bill to restrict subcontracting of elevator maintenance.
The protest was attended by more than 160 members of the Conservative Association's 200 member companies, who picketed, hung banners, and chanted slogans against the amendment.
"The part of the amendment to the Elevator Act that restricts remunerative subcontracting is not only a leash on elevator subcontractors, but also an evil elevator law that does not guarantee public safety, so we will strongly block its passage, and if not possible, we will at least postpone the bill to collect public opinions," said Seo.
The elevator law was not discussed at the National Assembly's bill review subcommittee meeting scheduled to be held on the 22nd, but there is room for it to be re-discussed in the interim by holding a special session. At the moment, it is most likely to be brought up during the regular parliamentary session in September, but the industry is keeping its fingers crossed.
The seemingly over and done with the Elevator Safety Management Act debate is back for round two. With no end in sight, it will be interesting to see how long the debate will continue.

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