(1) Where a contractee for construction works deems that any industrial accident is likely to occur due to the collapse, etc. of a temporary structure prescribed by Presidential Decree in the course of the construction works, he or she may request a person placing an order for construction works to modify the design of the relevant construction works after hearing the opinions of experts prescribed by Presidential Decree, including experts in architecture or civil engineering; provided, this shall not apply where a person placing an order for construction works has placed the relevant order including design.
(2) A contractee for construction works who is ordered to suspend the works or amend a hazard prevention plan by the Minister of Employment and Labor pursuant to the latter part of Article 42(4) may, if design modification is necessary, request a person placing an order for construction works to modify the design of the relevant construction works.
(3) Where a relevant contractor for construction works deems that any industrial accident is likely to occur due to the collapse, etc. of a temporary structure prescribed in paragraph (1) in the course of the construction works, he or she may request a contractee for construction works to modify the design of the relevant construction works after hearing the opinions of experts prescribed in paragraph (1). In such cases, unless it is obvious that the requested matters are not technically applicable, the contractee for the construction works shall modify the design of the relevant construction works by reflecting such request or request a person placing the order for construction works to modify the design.
(4) A person placing an order for construction works in receipt of a request for design modification under paragraphs (1) through (3) shall modify the design of the relevant construction works by reflecting such request, unless it is obvious that the requested matters are not technically applicable.
(5) The procedures and methods for requesting design modifications under paragraphs (1) through (3), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor. In such cases, a prior consultation shall be undertaken with the Minister of Land, Infrastructure and Transport.