Interior construction
Conclusion of a construction contract
- The assignment of the construction to an interior designer constitutes a work contract under which a contractor agrees to perform the interior construction and a makeup shop operator agrees to pay remuneration for the result of such work (Article 664 of the Civil Act).
Precautions to take for the interior construction
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Checklist for the interior construction
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Has the construction of ceilings, walls, built-in furniture, and counters, etc. been completed?
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Has the construction of beauty equipment been completed?
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Have sanitary facilities (water supply, drainage, and toilet equipment) been inspected?
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Has the construction (piping and positioning) of the air-conditioning and heating system been completed?
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Has connection to the gas pipe of city gas (Korea Gas Corporation) been completely installed?
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Is the capacity of electrical work (wiring and electric lights) sufficient?
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Are there any issues with waterproofing, plastering work, tiles, glass, wallpapers, curtains, and flooring work?
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Has signboard construction (external and internal notice boards, menu, etc.) been completed?
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Warranty for defects
- Where any defect is found in the completed subject matter of a work or in a part of the subject matter of a work which has been finished before the completion of all the work, the makeup shop operator who ordered the work may demand the contractor to repair such defect by specifying a reasonable period.However, this shall not apply if excessive costs are required for correcting a minor defect (Article 667 (1) of the Civil Act).
- The makeup shop operator may claim compensation in lieu of, or together with, repair of the defect and in such case, he or she may refuse to make payment for the construction until the other party pays compensation for the damage (Article 667 (2) and Article 536 (1) of the Civil Act).
※ Selection of a trade name for the makeup shop
· Anyone who wishes to run a makeup shop may freely choose his/her name or other names as his/her trade name (Article 18 of the Commercial Act).
· An act of causing confusion with another person's commercial facilities or activities by using marks (including the methods of sale of goods or of service provision and the overall appearance of the place where services are offered such as signboards, appearances, and interior decorations) identical or similar to, another person's name, trade name, or emblem, which is widely known in the Republic of Korea, or any other mark indicating another person's business, or an act of inflicting damage to distinctiveness or reputation attached to another person's mark by using any of the above without a good cause, may be deemed an act of unfair competition and be subject to a claim for damages, and may be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding KRW 30 million (Subparagraph 1 (b) and (c) of Article 2, Article 5, and Subparagraph 1 of Article 18 (3) of the Unfair Competition Prevention and Trade Secret Protection Act).
Installation of outdoor advertisements
Areas requiring the permission for or reporting on the installation of outdoor advertisements, etc.
- A makeup shop operator who intends to display or install advertisements in any of the following areas, places or objects shall obtain permission from or report to the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/autonomous Gu (Article 3 (1) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry and Article 6 of the Enforcement Decree of the Act on the Management of Outdoor Advertisements, Etc. and Promotion of Outdoor Advertisement Industry).
· Urban areas referred to in Article 36 of the National Land Planning and Utilization Act
· Cultural heritage and protected areas under the Cultural Heritage Protection Act
· Preserved mountainous districts under the Mountainous Districts Management Act
· Natural parks under the Natural Parks Act
· Areas situated within 1 kilometer in straight line distance from the boundary of the roads, railroads, airports, ports, tracks, or rivers, which are directly visible from the height of 2 meters above the ground of such boundary
· District-unit planning zones under the National Land Planning and Utilization Act
· Tourist destinations and tourist complexes under Subparagraph 6 of Article 2 and Article 7 of the Tourism Promotion Act
· Areas, places and objects publicly notified by the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor via a deliberation of the committee for deliberation on outdoor advertising established in the relevant area
· Railroad rolling stocks and urban rolling stocks under Subparagraph 4 of Article 3 of the Framework Act on Railroad Industry Development
· Motor vehicles under Subparagraph 1 of Article 2 of the Motor Vehicle Management Act
· Steam ships and sail ships under Subparagraphs 1 and 2 of Article 1-2 (1) of the Ship Act
· Aircraft and ultra-light flying machines under Subparagraphs 1 and 3 of Article 2 of the Aviation Safety Act
Sanctions in case of violation
- A makeup shop operator who displays or installs an advertisement, etc. without permission shall be punished by imprisonment with labor for not more than 1 year or a fine not exceeding KRW 10 million, while a makeup shop operator who installs an advertisement, etc. (excluding a standing signboard, placard, poster and leaflet) without reporting shall be subject to a fine not exceeding KRW 5 million (Subparagraph 1 of Article 18 (1) and Subparagraph 1 of Article 18 (2) of the Act on the Management of Outdoor Advertisements, Etc. and Promotion of Outdoor Advertisement Industry).
- A makeup shop operator who displays or installs a standing signboard, placard, poster or leaflet without reporting shall be subject to an administrative fine not exceeding KRW 5 million (Subparagraph 1 of Article 20 (1) of the Act on the Management of Outdoor Advertisements, Etc. and Promotion of Outdoor Advertisement Industry).