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ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION AND MANAGEMENT OF NON-DESTRUCTIVE TESTING TECHNOLOGY

Presidential Decree No. 19194, Dec. 28, 2005

Amended by Presidential Decree No. 20740, Feb. 29, 2008

Presidential Decree No. 20789, May 21, 2008

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22626, Jan. 17, 2011

Presidential Decree No. 22977, jun. 24, 2011

Presidential Decree No. 23248, Oct. 25, 2011

Presidential Decree No. 24423, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25866, Dec. 23, 2014

Presidential Decree No. 27506, Sep. 22, 2016

Presidential Decree No. 27751, Dec. 30, 2016

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Promotion and Management of Non-Destructive Testing Technology and matters necessary for the enforcement thereof.
 Article 2 (Methods of Non-Destructive Testing)
"Technical acts prescribed by Presidential Decree" in Article 2 of the Act on the Promotion and Management of Non-Destructive Testing Technology (hereinafter referred to as the "Act") means the following acts:
1. Radiation non-destructive testing;
2. Ultrasonic non-destructive testing;
3. Magnetic non-destructive testing;
4. Penetrant non-destructive testing;
5. Eddy current non-destructive testing;
6. Leak non-destructive testing;
7. The following non-destructive testing methods which may be used in industries related to non-destructive testing:
(a) Acoustic emission non-destructive testing;
(b) Non-destructive testing by naked eyes;
(c) Non-destructive testing using infrared camera;
(d) Neutron non-destructive testing;
(e) Stress-measuring non-destructive testing.
 Article 3 (Formulation of Promotion Plans for Non-Destructive Testing Technology by Subject Matter Concerned)
When the Minister of Science, ICT and Future Planning requests the heads of relevant central administrative agencies to submit plans for the promotion of non-destructive testing technologies by their subject matter under Article 3 (3) of the Act, he/she may notify them of the following matters for their utilization: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
1. International technology trends related to non-destructive testing technologies and present state of utilization thereof by domestic industries;
2. Information on standards for non-destructive testing technologies to enhance the safety of articles being tested;
3. Other information necessary for the formulation of plans for the promotion of non-destructive testing technologies by subject matter.
 Article 4 Deleted. <by Act No. 25751, Nov. 19, 2014>
 Article 5 Deleted. <by Act No. 25866, Dec. 23, 2014>
 Article 6 (Scope, etc. of Support for Developing Non-Destructive Testing Technology)
(1) The scope of support for the promotion of non-destructive testing technologies under Article 5 of the Act shall be as follows:
1. Development and introduction of non-destructive testing technologies, and improvement of the introduced technologies;
2. Research and development of technologies for the improvement of quality of non-destructive testing equipment, products, etc. and the safety thereof;
3. Research and development of technologies for non-destructive testing devices related to security, probing, etc.;
4. Research and development of technologies for testing, evaluation and inspection of precision and reliability of materials and components related to the industries of aviation, aerospace, etc.
(2) Article 18 of the Enforcement Decree of the Engineering Industry Promotion Act shall apply mutatis mutandis, with respect to the support for the practical application of the outcomes, including development of equipment, under Article 5 of the Act. <Amended by Presidential Decree No. 22625, Jan. 17, 2011>
(3) The scope of support for the training of experts under Article 5 of the Act shall be as follows:
1. Survey and research on the prospect of mid- and long-term demand for and supply of human resources related to non-destructive testing technologies;
2. Development of interdisciplinary educational and training programs in the field of non-destructive testing technologies;
3. Expansion of educational and training institutions for human resources related to non-destructive testing technologies;
4. Mutual exchange of engineers with foreign countries under Article 7 (2) of the Act.
 Article 7 (Mutual Accreditation, etc. of Technical Qualifications)
The Minister of Science, ICT and Future Planning may implement the following affairs concerning the mutual accreditation of technical qualifications with foreign countries after consultations with the heads of the relevant central administrative agencies under Article 7 (2) of the Act. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
1. Designation of mutual accreditation institutions and formulation of plans for establishing a mutual accreditation system:
2. Establishment of foundation for mutual accreditation;
3. Other affairs incidental to mutual accreditation services.
 Article 8 (Timing, Method, etc. of Investigations on Actual State)
(1) The Minister of Science, ICT and Future Planning may investigate the actual state of the following matters by means of statistical research, documentary research, field survey, etc. under Article 9 (1) of the Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
1. Present status of new technologies, new model equipment, introduction of technologies, etc. related to non-destructive testing;
2. Trends of international standards and technologies related to non-destructive testing;
3. Other matters necessary for the promotion of non-destructive testing business.
(2) An investigation on actual state under paragraph (1) shall be conducted every two years, but it may be conducted at any time when necessary.
 Article 9 (Eligibility and Scope of Support for Business Operators)
(1) Any person registered under Article 11 of the Act, falling under any of the following subparagraphs, shall be eligible for support under Article 10 of the Act: <Amended by Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 27506, Sep. 22, 2016>
1. A person who develops a new technology or technology that meets international standards to enhance the safety of public facilities, etc., such as nuclear power generation facilities, gas facilities, heavy chemical facilities and public-use facilities, from among persons who have established company-affiliated research centers recognized under Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act;
2. A person who intends to practically apply a new technology or technology that meets international standards referred to in subparagraph 1.
(2) The scope of support under Article 10 of the Act shall be as follows. In such cases, Article 18 of the Engineering Industry Promotion Act shall apply mutatis mutandis with respect to the support under subparagraph 2: <Amended by Presidential Decree No. 22625, Jan. 17, 2011>
1. Support for research and development expenses;
2. Support for the practical application of research and development outcomes;
3. Other support necessary for the development of non-destructive testing technologies.
 Article 10 (Registration Standards)
Registration standards under Article 11 (1) of the Act, including the scale of technical human resources, standards for equipment, etc., shall be as prescribed in attached Table 1: Provided, That where any standards different from those prescribed in attached Table 1 are prescribed in any other Act and subordinate statute with respect to the scale of technical human resources, equipment, etc., the standards prescribed by such Act and subordinate statute shall apply to a person who intends to conduct only the non-destructive testing prescribed in such Act and subordinate statute, in lieu of the registration standards prescribed in attached Table 1.
 Article 11 (Qualifications, etc. Equivalent to Technical Qualifications)
Any of the following persons may conduct non-destructive testing under Article 13 (3) of the Act: <Amended by Presidential Decree No. 23248, Oct. 25, 2011>
1. A person who has obtained technical qualifications of the same item as qualifications for non-destructive testing under Article 2 from an institution that has adopted standards of the International Organization for Standardization (ISO) related to non-destructive testing (ISO 9712) in one of the Organization for Economic Cooperation and Development (OECD) member countries;
2. In cases of radiation non-destructive testing, any of the following persons:
(a) A person who has obtained a license for a radioisotope handler under Article 84 (2) 5 of the Nuclear Safety Act or a license for a senior radiation handler under Article 84 (2) 7 of the same Act;
(b) A person who has completed educational training for radiation workers under Article 106 of the Nuclear Safety Act.
 Article 12 (Details of Testing Plans and Test Reports)
Matters to be included in the details of a testing plan and a test report under Article 13 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 20789, May 21, 2008>
1. Testing Plans:
(a) The articles subject to a test requested by a client under Article 13 (1) of the Act (hereinafter referred to as "client") and testing quantities by testing method;
(b) Technical standards under the relevant Act and subordinate statutes to be applied, and evaluation standards of the Korean Industrial Standards under Article 12 of the Industrial Standardization Act;
(c) Technical qualifications of a responsible manager under Article 13 (2) of the Act (hereinafter referred to as "responsible manager") and examiners under Article 13 (3) of the Act (hereinafter referred to as "examiners"), and an explanation on operation of the invested human resources and equipment including a utilization plan thereof;
(d) Testing procedures by non-destructive testing method (including testing techniques, etc.);
(e) An explanation on quality assurance plans;
(f) Safety control and other matters necessary for the performance of testing duties;
2. Test reports:
(a) Comprehensive reports on test results;
(b) Results of testing by testing method, and evidentiary materials related thereto;
(c) Results of performance of matters on which agreement is reached with a client;
(d) Where details of quality assurance are changed, the reason therefor.
 Article 13 (Classification, etc. of Training)
(1) Examiners shall undergo the following training under Article 14 (2) of the Act:
1. Basic training: Training on knowledge required for an examiner, and the Acts and subordinate statutes, systems, etc. related to non-destructive testing;
2. Specialized training: Training for the improvement of specialized non-destructive testing skills;
3. Administrative training: Training on the planning, project management, quality assurance, etc. of non-destructive testing.
(2) Persons subject to training and hours of training for each category under paragraph (1) shall be as prescribed in attached Table 2.
(3) Where any person who is subject to basic or specialized training has completed training on non-destructive testing prescribed by any other Act and subordinate statute, the basic or specialized training may be exempted or the hours of training under paragraph (2) may be reduced, depending on the hours of training he/she has completed.
(4) Procedures for application for the exemption or reduction under paragraph (3) shall be prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
 Article 14 Deleted. <by Presidential Decree No. 25866, Dec. 23, 2014>
 Article 15 (Entrustment of Duties)
The Minister of Science, ICT and Future Planning shall, under Article 22 of the Act, entrust the following duties to the Non-Destructive Testing Association under Article 18 of the Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
1. Establishment and management of an information management system under Article 8 (1) of the Act;
2. Investigation of actual state under Article 9 (1) of the Act;
3. Receipt of applications for registration, and modification of registration under Article 11 (1) of the Act;
4. Training for examiners under Article 14 (2) of the Act;
5. Receipt of reports on personal information, technical qualifications and places of employment of examiners, maintenance of records, and issuance of career certificates, under Article 15 of the Act.
 Article 15-2 (Review of Regulations)
The Minister of Science, ICT and Future Planning shall review the appropriateness of the training programs provided to examiners under Article 13 and Attached Table 2 and take necessary measures, such as making improvements, every three years starting from Jan. 1, 2015 (referring to the period until one day prior to Jan. 1 of every third year).
[This Article Wholly Amended by Act No. 27751, Dec. 30, 2016]
 Article 16 (Procedures for Imposition and Collection of Fines for Negligence)
(1) When the Minister of Science, ICT and Future Planning imposes a fine for negligence under Article 27 (2) of the Act, he/she shall, after investigating and ascertaining the violation, specify and notify in writing a person subject to the disposition of a fine for negligence of the fact of violation, the amount of the fine for negligence, method of and period for raising objections, etc. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(2) If the Minister of Science, ICT and Future Planning intends to impose a fine for negligence under paragraph (1), he/she shall give a person subject to the disposition of a fine for negligence an opportunity to state any oral or written opinion during the prescribed period of at least 10 days. In such cases, the said person shall be deemed to have no opinion in the absence of statement of opinion within such period. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(3) The amount of a fine for negligence by type of violations subject to the disposition of fines for negligence under Article 27 (2) of the Act shall be as prescribed in attached Table 3.
(4) The Minister of Science, ICT and Future Planning may increase or decrease the amount of a fine for negligence up to a half of the amount referred to in paragraph (3), taking into consideration the motive and consequence of the violation. In such cases, even when he/she increases the amount of the fine for negligence, the total amount thereof shall not exceed the amount prescribed in Article 27 (1) of the Act. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
(5) Procedures for the collection of fines for negligence shall be determined by Ordinance of the Ministry of Science, ICT and Future Planning. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013>
ADDENDUM
This Decree shall enter into force on January 1, 2006.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22626, Jan. 17, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23248, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees which were promulgated before the enforcement of this Decree but whose enforcement dates have yet to arrive, from among the Presidential Decrees amended under Article 5 of the Addenda, shall enter into force on their respective enforcement dates.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25866, Dec. 23, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27506, Sep. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.