ENFORCEMENT DECREE OF THE PROFESSIONAL ENGINEERS ACT
Wholly Amended by Presidential Decree No. 20206, Jul. 27, 2007
Amended by Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22429, Oct. 13, 2010
Presidential Decree No. 22626, Jan. 17, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 25358, May 22, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25780, Nov. 28, 2014
Presidential Decree No. 27129, May 10, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28243, Aug. 16, 2017
Presidential Decree No. 28471, Dec. 12, 2017
Presidential Decree No. 29972, Jul. 9, 2019
The purpose of this Decree is to prescribe matters delegated by the Professional Engineers Act and those necessary for the enforcement thereof.
| Article 2 (Scope of Duties of Professional Engineers) |
The category and scope of matters requiring professional applicability with regard to science and technology under Article 3 (4) of the Professional Engineers Act (hereinafter referred to as the "Act") shall be provided for in attached Table 1.
| Article 3 (Organization of Deliberative Committee for Development of Professional Engineer System) |
| (1) | "Relevant central administrative agencies prescribed by Presidential Decree" in Article 3-2 (4) 1 of the Act means the Ministry of Science and ICT, the Ministry of Public Administration and Security, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Employment and Labor, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Rural Development Administration, and the central administrative agencies that are regarded by the chairperson of a Deliberative Committee for Development of Professional Engineer System (hereinafter referred to as the "Committee") under Article 3-2 (1) of the Act as related to an item on the agenda brought before the Committee for deliberation. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | In commissioning members of the Committee under Article 3-2 (4) 2 of the Act, the Minister of Science and ICT shall ensure that the Committee is composed of representatives of the industrial, academic and research circles, and no more than three representatives representing each sector are evenly distributed. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 3-2 (Dismissal of Committee Members) |
Where a member referred to in Article 3-2 (4) 2 or 3 of the Act falls under any of the following, the Minister of Science and ICT may dismiss the relevant member: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> | 1. | Where he/she becomes unable to perform his/her duties due to mental disabilities; |
| 2. | Where he/she engages in any misconduct in connection with his/her duties; |
| 3. | Where he/she is deemed unsuitable as a member due to neglect of his/her duties, injury to dignity or on other grounds; |
| 4. | Where he/she states that it is difficult to perform his/her duties. |
[This Article Newly Inserted by Presidential Decree No. 27129, May 10, 2016]
| Article 4 (Operation, etc. of Committee) |
| (1) | The chairperson of the Committee shall convene meetings of the Committee, and shall preside over such meetings. |
| (2) | Whenever the chairperson of the Committee convenes a meeting, he/she shall notify each committee member of the date, venue, and agenda of the meeting by no later than seven days prior to the scheduled date of the meeting: Provided, That the same shall not apply where urgent circumstances or other extenuating grounds exist to the contrary. |
| (3) | A meeting of the Committee shall be duly formed with the attendance of a majority of incumbent committee members, and shall pass resolutions with the affirmative vote of a majority of the members present at the meeting. |
| (4) | The head of a related central administrative agency under Article 3 (1) may request the Committee to include matters on which deliberation is required by the Committee, such as major policy issues and plans relating to the category of professional engineers under his/her control, in the agenda of the Committee for deliberation. |
| Article 4-2 (Organization, Function and Operation of Special Committee for Deliberation on Qualifications for International Processional Engineers) |
| (1) | A special committee for deliberation on qualifications for international professional engineers (hereinafter referred to as the "Special Committee") shall be established in the Committee under Article 3-2 (6) of the Act. |
| (2) | The Special Committee shall professionally deliberate on the following matters concerning deliberation on necessary requirements for mutual recognition of qualifications as professional engineers (hereinafter referred to as "recognition of qualifications as international professional engineers") pursuant to an international convention under Article 3-2 (2) 4 of the Act: <Amended by Presidential Decree No. 25780, Nov. 28, 2014> |
| 1. | Standards for deliberation on recognition of qualifications as international professional engineers; |
| 2. | Whether professional engineers meet requirements necessary for recognition of qualifications as international professional engineers; |
| 3. | Other matters recognized by the chairperson of the Committee as necessary for deliberation on recognition of qualifications as international professional engineers. |
| (3) | The Chairperson of the Special Committee shall report the results of deliberation prescribed in paragraph (2) to the Committee. <Amended by Presidential Decree No. 25780, Nov. 28, 2014> |
| (4) | The Special Committee shall consist of not less than 11 but not more than 15 members and the members shall have the following qualifications: <Amended by Act No. 24423, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 25780, Nov. 28, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Each person nominated by the head of the relevant agency from among public officials in the position of director in the Ministry of Education, the Ministry of Science and ICT, the Ministry of Trade, Industry and Energy, the Ministry of Employment and Labor, and the Ministry of Land, Infrastructure and Transport; |
| 2. | Less than ten persons commissioned by the Chairperson of the Committee in consideration of gender, from among those who have much knowledge and experience in science and technology and in the professional engineer system. |
| (5) | The Chairperson of the Special Committee shall be nominated by the Chairperson of the Committee, from among members prescribed in paragraph (4) 2. |
| (6) | The Chairperson of the Special Committee shall convene meetings of the Special Committee and preside over such meetings. |
| (7) | A meeting of the Special Committee shall be duly formed with the attendance of a majority of incumbent committee members, and shall pass resolutions with the affirmative vote of a majority of the members present at the meeting. |
| (8) | The term of office for members under paragraph (4) 2 shall be three years. |
| (9) | Matters necessary for the operation of the Special Committee, other than those provided for in paragraphs (1) through (8), shall be determined by the Chairperson of the Committee after a resolution by the Committee. |
[This Article Newly Inserted by Presidential Decree No. 22429, Oct. 13, 2010]
| Article 4-3 (Dismissal, etc. of Special Committee Members) |
| (1) | A person who nominates a member under Article 4-2 (4) 1 may withdraw the nomination, where the member falls under any of the subparagraphs of Article 3-2. |
| (2) | Where a member referred to in Article 4-2 (4) 2 falls under any of the subparagraphs of Article 3-2, the chairperson of the Committee may dismiss the relevant member. |
[This Article Newly Inserted by Presidential Decree No. 27129, May 10, 2016]
| Article 5 (Establishment of Principles of Ethics) |
A professional engineers' association established under Article 14 of the Act may lay down the principles of ethics with which professional engineers shall comply to fulfill their duty of good faith and duty of decorum under Article 4 of the Act.
| Article 6 (Establishment, etc. of Master Plans for Developing Professional Engineer System) |
| (1) | When the Minister of Science and ICT establishes a master plan for developing a professional engineer system under Article 5 of the Act (hereinafter referred to as "master plan"), he/she shall consult with the head of the central administrative agency responsible for the matters rela ting to qualifications as professional engineers under Article 10 of the National Technical Qualifications Act (hereinafter referred to as the "competent Minister") and then present for deliberation the plan to the Committee. The same shall also apply to any revision to the master plan. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may request the competent Minister to submit materials necessary for establishing the master plan. In such cases, the competent Minister shall cooperate as requested, unless there is a compelling reason not to do so. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall, upon establishing the master plan, notify the Minister of Employment and Labor and the competent Minister thereof. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 7 (Establishment and Execution of Implementation Plan) |
| (1) | The competent Minister shall, upon receiving a notice of the master plan under Article 6 (3), establish and execute an implementation plan for matters under his/her control. |
| (2) | The competent Minister shall present the implementation plan under paragraph (1) and the results of the execution thereof to the Minister of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Articles 8 through 10 Deleted. <by Presidential Decree No. 22429, Oct. 13, 2010> |
| Article 11 (Establishment, etc. of Standards for Recognition of Qualifications for International Professional Engineers) |
| (1) | Where the Minister of Science and ICT establishes or amends the standards for deliberation on recognition of qualifications for international professional engineers, he/she shall present the proposed standards to the Special Committee and the Committee for examination and deliberation. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22429, Oct. 13, 2010; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall publicly notify the standards for deliberation established or amended pursuant to paragraph (1). <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 12 (Persons Subject to Training Courses for Professional Engineers) |
| (1) | Where any of the following professional engineers intends to register under Article 5-7 (1) of the Act, he/she shall complete a training course of not less than credits under the following classification pursuant to Article 5-3 (2) of the Act: <Amended by Presidential Decree No. 25780, Nov. 28, 2014> |
| 1. | A professional engineer who fails to register within three years after he/she has been qualified as a professional engineer pursuant to Article 2 of the Act: Eight credits for the last one year as of the date of filing an application for registration; |
| 2. | A professional engineer in whose case the effect of registration is lost because he/she has failed to renew registration under Article 5-7 (4) of the Act: 90 credits for the last five years as of the date of filing an application for registration; |
| 3. | A professional engineer in whose case three years have passed after his/her registration or renewed registration was revoked pursuant to Article 5-9 of the Act: Eight credits for the last one year as of the date of filing an application for registration. |
| Article 13 (Methods for and Standards, etc. of Training Courses for Professional Engineers) |
| (1) | Deleted. <by Presidential Decree No. 25780, Nov. 28, 2014> |
| (2) | The curriculum and content of training courses under Article 12 and the standards for recognition thereof shall be prescribed in attached Table 2. |
| (3) | "Where the education and training that a professional engineer receives pursuant to any other statute fall under the standards prescribed by Presidential Decree" in the proviso to Article 5-3 (2) of the Act means cases where such training courses conform to the curriculum prescribed and publicly notified by the Minister of Science and ICT considering the persons subject to the training courses, content of training courses, and training facilities of educational institutions, etc. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 14 (Educational Institutions for Professional Engineers) |
| (1) | The Minister of Science and ICT may designate any of the following institutions or organizations as an educational institution, if it satisfies the requirements prescribed by Ordinance of the Ministry of Science and ICT: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22626, Jan. 17, 2011; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 25358, May 22, 2014; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 29972, Jul. 9, 2019> |
| 2. | An institution or organization designated as an educational institution for engineers pursuant to other statutes or regulations; |
| 6. | Deleted. <by Presidential Decree No. 29972, Jul. 9, 2019> |
| (2) | Detailed matters concerning the procedures for designating educational institutions shall be prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 15 (Confirmation, etc. on Achievements in Training Courses) |
| (1) | Any professional engineer shall, upon the completion of the training courses under Article 12, file a report on his/her achievements in the courses to the Minister of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall review the achievements reported under paragraph (1) and issue a certificate of completion of training courses if such achievements satisfy the standards for the recognition of training courses under Article 13 (2). <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Further details concerning the submission of a report on achievements in training courses and the issuance of a certificate of completion of training courses shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 16 (Maintenance and Management of Records of Workplace of Professional Engineers) |
| (1) | The Minister of Science and ICT shall grant each professional engineer a registration number pursuant to Article 5-4 (2) of the Act, and make an entry of the following information in the comprehensive information system for professional engineers under Article 5-5 of the Act (hereinafter referred to as "comprehensive information system") for maintenance and management thereof: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Name, workplace, career, and academic attainment of a professional engineer; |
| 2. | Category of professional engineers and date of acquisition of qualification thereof; |
| (2) | Any professional engineer may file a report on the information under each subparagraph of paragraph (1) via the comprehensive information system. The same shall also apply to any revision to reported matters. |
| Article 17 (Collection, etc. of Data Required for Comprehensive Information System) |
Where the Minister of Science and ICT requests a related central administrative agency, a professional engineers' association, etc. (hereinafter referred to as "related central administrative agency, etc.") to submit materials pursuant to Article 5-5 (2) of the Act, he/she shall describe the purpose and method for using such materials. In such cases, the Minister of Science and ICT may, if necessary, request the head of a related central administrative agency, etc. who has submitted the materials to supplement or update it. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
| Article 17-2 (Registration and Renewal of Registration of Professional Engineers) |
| (1) | The types and scope of duties of professional engineers who should be registered pursuant to Article 5-7 (1) of the Act shall be as specified in attached Table 2-2. |
| (2) | Any professional engineer who intends to register in order to perform the duties of professional engineers pursuant to Article 5-7 (1) of the Act shall submit to the Minister of Science and ICT an application for registration of a professional engineer prescribed by Ordinance of the Ministry of Science and ICT, along with the following documents: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | A copy of a certificate of qualification for professional engineer; |
| 2. | A document proving that he/she has completed a training course under Article 12 (1). |
| (3) | Any professional engineer who has registered pursuant to Article 5-7 (1) of the Act shall renew his/her registration every five years pursuant to paragraph (4) of the aforesaid Article. |
| (4) | Any professional engineer who intends to renew his/her registration pursuant to Article 5-7 (4) of the Act shall file an application for renewal of registration of a professional engineer prescribed by Ordinance of the Ministry of Science and ICT with the Minister of Science and ICT, along with a document proving that he/she has completed a training course under Article 12 (2). <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The Minister of Science and ICT shall examine whether a professional engineer who has applied for registration under paragraph (1) and renewal of registration under paragraph (3) constitutes the grounds for the refusal of registration and renewal of registration under the subparagraphs of Article 5-8 (1) of the Act, and if he/she refuses such registration or renewal of registration, he/she shall notify the results thereof to a professional engineer who has applied for registration or renewal of registration. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 25780, Nov. 28, 2014]
| Article 18 (Application. etc. for Registration of Establishment of Professional Engineer Office) |
| (1) | A professional engineer who intends to register the establishment of a professional engineer office under Article 6 (1) of the Act (including a joint office of professional engineers; hereinafter the same shall apply) shall file a written application for such registration with the Minister of Science and ICT, along with the documents specified by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall, upon receiving an application for registration under paragraph (1), record necessary matters in the registry of establishment of professional engineer offices and issue a certificate of registration of the establishment of the professional engineer office to the applicant, unless any ground exists to reject the registration under Article 7 of the Act. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 19 (Criteria. etc. for Registration of Joint Offices of Professional Engineers) |
| (1) | "Supporting personnel prescribed by Presidential Decree" in Article 6 (4) 1 of the Act means any of the following persons who work in the technical field (referring to the technical field as defined in the category column of attached Table 1) to which the category of qualification held by professional engineers (hereinafter referred to as "partners of a joint office") who have formed a joint office of professional engineers (hereinafter referred to as "joint office") belongs: <Amended by Presidential Decree No. 22429, Oct. 13, 2010; Presidential Decree No. 28243, Aug. 16, 2017> |
| 1. | Professional engineers; |
| 3. | Persons who have a career in the relevant technical field for two or longer years after they acquired the qualification as an industrial engineer; |
| 4. | Persons who hold a bachelor or higher degree in the department relating to the relevant technical field; |
| 5. | Persons who have a career in the relevant technical field for three or longer years (two or longer years where they graduated from a three-year junior college or where they are deemed to have an academic qualification equivalent thereto under applicable statutes or regulations) after graduating from a junior college relating to the relevant technical field or with an academic qualification equivalent thereto under applicable statutes or regulations. |
| (2) | Any person who intends to establish a joint office shall prepare an agreement on the operation of the joint office, and the partners of the joint office shall jointly sign and seal such agreement. |
| (3) | The agreement under paragraph (2) shall contain the following matters: |
| 1. | Purpose, name, and address of the office; |
| 2. | Names and addresses of partners; |
| 3. | Matters concerning the organization and operation of such office; |
| 4. | Matters concerning admission to and withdrawal from the partnership; |
| 5. | Matters concerning revenue and expenditure. |
| Article 20 (Reporting on Change in Registered Matters) |
A change in any matter registered in connection with the registration of a professional engineer office under Article 8 (1) of the Act, temporary shutdown, or permanent closedown of a professional engineer office shall be reported within fifteen days from the date on which such change, shutdown, or closedown occurs.
| Article 21 (Maintenance and Management of Records concerning Performance Results of Professional Engineer Offices) |
| (1) | The Minister of Science and ICT shall maintain and manage the records concerning performance results of each professional engineer office according to the following categories pursuant to Article 11-2 (2) of the Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 4. | Contract amount and contract period; |
| 5. | Other matters that the Minister of Science and ICT deems necessary for maintaining and managing records of performance results of each professional engineer office. |
| (2) | The Minister of Science and ICT may register the information referred to in each subparagraph of paragraph (1) in the comprehensive information system for maintenance and management thereof. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 22 (Consultation on Revocation of Registration) |
Whenever the Minister of Science and ICT intends to revoke the registration of a professional engineer office pursuant to Article 12 of the Act, he/she shall consult with the competent Minister, clarifying the grounds for such revocation. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
| Article 23 (Authorization for Establishment of Professional Engineers' Association) |
Where professional engineers intend to obtain authorization for the establishment of a professional engineers' association under Article 14 (1) of the Act, they shall file an application therefor with the Minister of Science and ICT in writing, along with the following documents: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> | 1. | Articles of association; |
| 3. | Business plan and budget for revenue and expenditure for the year of establishment; |
| 4. | Written resolution on establishment; |
| 5. | Documents describing details concerning the election of the representative of establishment; |
| 6. | Letter of acceptance of appointment and curriculum vitae of an executive officer. |
| Article 24 (Matters to Be Stated in Articles of Association) |
The articles of association of each professional engineers' association shall contain the following matters:
| 3. | Address of principal place of business; |
| 4. | Matters concerning assets and accounting; |
| 5. | Matters concerning appointment and removal of executive officers; |
| 6. | Matters concerning rights and duties of members; |
| 7. | Matters concerning business activities and the execution thereof; |
| 8. | Matters concerning meetings; |
| 9. | Matters concerning amendment to the articles of association; |
| 10. | Other important matters concerning management of the professional engineers' association. |
| Article 25 (Application for Authorization for Amendment to Articles of Association) |
Where a professional engineers' association intends to obtain authorization for an amendment to its articles of association under Article 14 (4) of the Act, it shall file a written application therefor with the Minister of Science and ICT along with documents specified by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
| Article 26 (Entrustment, etc. of Authority) |
| (1) | "Affairs prescribed by Presidential Decree" in Article 20 (1) 7 of the Act means affairs relating to the acceptance of request for examination for the recognition of international professional engineer qualification and the issuance of certificates of recognition of international professional engineer qualification under Article 5-2 (1) and (3) of the Act and affairs relating to the issuance of certificates of registration of professional engineers under Article 5-7 (2) of the Act. <Amended by Presidential Decree No. 22429, Oct. 13, 2010; Presidential Decree No. 25780, Nov. 28, 2014> |
| (2) | Pursuant to Article 20 of the Act, the Minister of Science and ICT shall entrust the educational institutions designated pursuant to Article 14 with affairs relating to the training courses under Article 5-3 of the Act (excluding affairs relating to the review of achievements in training courses and the issuance of certificates of completion of training courses under Article 15). <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Pursuant to Article 20 of the Act, the Minister of Science and ICT shall entrust a professional engineers' association with the following affairs, if the association meets the requirements prescribed and publicly notified by the Minister of Science and ICT: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 22429, Oct. 13, 2010; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 25780, Nov. 28, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Acceptance of reporting on the workplace, career, academic attainments, etc. of each professional engineer under Article 5-4 of the Act; |
| 2. | Affairs relating to the establishment and operation of the comprehensive information system under Article 5-5 of the Act; |
| 4. | Acceptance of reporting on a modification of registered matters, temporary shutdown, or permanent closedown under Article 8 of the Act; |
| 5. | Management of performance results of professional engineers with registered office pursuant to Article 11-2 of the Act; |
| 6. | Deleted; <by Presidential Decree No. 25780, Nov. 28, 2014> |
| 7. | Affairs relating to the review of achievements in training courses and the issuance of certificates of completion of training courses under Article 15; |
| 8. | Affairs referred to in paragraph (1). |
| (4) | The Minister of Science and ICT shall publicly notify the names, addresses, representatives, and other details of educational institutions and professional engineers' associations to whom affairs are entrusted under paragraphs (2) and (3) (hereinafter referred to as "entrusted institutions"). <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | When the entrusted institutions process affairs entrusted under paragraphs (2) and (3), they shall file a report on the results therefrom to the Minister of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | If a professional engineer who has registered the establishment of his/her professional engineer office falls under any ground for revocation of registration of the professional engineer office as provided for in Article 12 of the Act, the professional engineers' association to whom affairs are entrusted under paragraph (3) shall file a report on such fact to the Minister of Science and ICT. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 26-2 (Processing of Personally Identifiable Information) |
The Minister of Science and ICT (including any person entrusted with the authority of the Minister of Science and ICT pursuant to Article 26) may process data that includes a resident registration number or foreigner registration number prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if inevitable to perform the following affairs: <Amended by Act No. 24423, Mar. 23, 2013; Presidential Decree No. 25780, Nov. 28, 2014; Presidential Decree No. 28210, Jul. 26, 2017> | 1. | Examination of international professional engineer qualifications and issuance of international professional engineer qualification certificates pursuant to Article 5-2 of the Act; |
| 3. | Establishment and operation of the comprehensive information system for professional engineers pursuant to Article 5-5 of the Act; |
| 4. | Registration, etc. of establishment of professional engineer offices pursuant to Article 6 of the Act; |
| 5. | Acceptance of a report on any modification of registered matters or any business suspension or closure of professional engineer offices pursuant to Article 8 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 26-3 (Re-Examination of Regulation) |
The Minister of Science and ICT shall examine the feasibility of the following matters every three years from each base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every third year) and take measures for improvement, etc.: <Amended by Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28471, Dec. 12, 2017>
| 1. | Persons subject to training courses for project engineers and standards for the completion thereof under Article 12: November 29, 2017; |
| 2. | Deleted; <by Presidential Decree No. 28471, Dec. 12, 2017> |
| 3. | Standards for imposing administrative fines under Article 27 and attached Table 3: November 29, 2017. |
[This Article Newly Inserted by Presidential Decree No. 25780, Nov. 28, 2014]
| Article 27 (Standards for Imposition of Administrative Fines) |
| (1) | The standards for imposing administrative fines pursuant to Article 22 (1) and (2) shall be as listed in attached Table 3. |
| (2) | The Minister of Science and ICT may increase or decrease the amount of an administrative fine within one half of such amount pursuant to attached Table 3, considering the motive, details, frequencies, etc. of the relevant offence: Provided, That the amount so increased shall not exceed the upper limit of amount prescribed in Article 22 (1) and (2) of the Act. <Amended by Act No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22429, Oct. 13, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 27, 2007.
Article 2 (Transitional Measures concerning Administrative Fines)
Imposing administrative fines in relation to any offense committed before this Decree enters into force shall be governed by the previous provisions.
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. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 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. 22429, Oct. 13, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Training Courses)
| (1) | The amended provisions of Article 12 (1) shall also apply to a person who has obtained a qualification certificate of a professional engineer before this Decree enters into force: Provided, That with respect to a person who obtained a qualification certificate of a professional engineer before July 27, 2006, July 27, 2008 shall be construed as the reference date under the amended provisions of Article 12 (1). |
| (2) | Where a person who obtained a qualification certificate of a professional engineer before this Decree enters into force has completed training courses before the reference date pursuant to the amended provisions of Article 12 (1) under the previous provisions, he/she shall be deemed to have completed training courses on the reference date pursuant to the amended provisions of Article 12 (1). |
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. 23488, Jan. 6, 2012>
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. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 25358, May 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2014.
Articles 2 through 13 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 Presidential Decrees amended by Article 5 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement date of the respective Decree.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25780, Nov. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2014.
Article 2 (Transitional Measures concerning Registration of Establishment of Professional Engineer Offices)
Where the establishment of a professional engineer office has been registered within the scope of technology under the former provisions mentioned in the left columns of the following table pursuant to Article 6 of the Act and Articles 18 and 19 of the Decree as at the time this Decree enters into force, the establishment of the professional engineer office shall be deemed registered in the field of technology and in the field of specialty under the amended provisions of attached Table 1 mentioned in the right columns of the same table: | Types and scope of technology under the former provisions | Field of technology and field of specialty under the amended provisions | | Types | Scope of technology | Field of technology | Field of specialty | | Field of machinery | 1. Machinery manufacturing, 2. Industrial machinery and equipment, 4. Construction machinery and equipment, 6. Process design applied to machinery | Field of machinery | 1) General industrial machinery | | Field of machinery | 5. Vehicles, 10. Rolling stock | Field of machinery | 2) Vehicles | | Field of aerospace | 1. Aircraft, 2. Aircraft engine | Field of aerospace | Aviation | | Field of metal | 1. Ferrous metallurgy, 2. Non-ferrous metallurgy, 3. Metallic materials, 4. Surface finishing, 5. Metal processing | Field of metal | Metal | | Field of electricity and electronics | 2. Applications of electricity, 4. Industrial instrumentation and control, 5. Applications of electronics, 7. Electric railroads | Field of electricity | 2) Applications of electricity and electronics | | Communications and information processing | 2. Information management, 3. Applications of computer systems | Field of information and communications | 2) Information management | | Field of chemistry | 1. Chemical engineering, 2. Ceramics | Field of chemistry | Chemical engineering | | Field of construction | 7. Roads and airports | Field of construction | 1) Roads and airports | | Field of construction | 6. Harbors and coasts | Field of construction | 2) Harbors and coasts | | Field of construction | 2. Civil engineering structure, 12. Architectural structure | Field of construction | 8) Structure | | Field of construction | 1. The nature of the soil and the foundation, 23. The geology and the ground | Field of construction | 11) The nature of the soil and the geology | | Field of construction | 17. Surveys and geo-spatial information, 18. Land registers | Field of construction | 12) Surveys and land registers | | Field of construction | 5. Quality testing of civil engineering works, 14. Quality testing of architectural works | Field of construction | 13) Quality testing | | Field of machinery | 3. HVAC and freezing machines | Field of mechanical systems | Mechanical systems | | Field of construction | 21. Building's mechanical systems | | Field of agriculture and forestry | 1. Food, 2. Agrochemical, 3. Animal husbandry, 4. Seeds, 5. Forests | Field of agriculture and forestry | 1) Agriculture and forestry | | Field of maritime affairs and fisheries | 1. Maritime affairs, 2. Aquaculture, 3. Fishery, 4. Fishery production | Field of maritime affairs and fisheries | Maritime affairs | | Field of industrial management | 1. Factory management, 2. Quality management | Field of industry | 1) Manufacturing process management | | Field of industrial management | 3. Packaging | Field of industry | 2) Packaging and product design | | Field of applied sciences | 1. Product design | | Field of construction | 19. Construction safety, 20. Management of explosives | Field of industry | 3) Industrial safety | | Field of industrial management | 4. Industrial sanitation management, 5. Mechanical safety, 6. Electrical safety, 7. Chemical engineering safety, 10. human engineering | | Field of industrial management | 8. Fire-fighting | Field of industry | 4) Fire-fighting and emergency management | | Field of textile fibers | 1. Spinning, 2. Textile manufacturing processes, 3. Dyeing process, 4. Raw threads, 5. Clothing | Field of industry | 6) Textile fibers | | Field of applied sciences | 5. Weather forecasting | Field of industry | 7) Weather | | Applied sciences | 2. Nuclear power generation, 3. Radiation control | Field of atomic energy | 1) Atomic energy and radiation control | | Applied sciences | 4.Non-destructive testing | Field of atomic energy | 2)Non-destructive testing |
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Article 3 (Transitional Measures concerning Training Courses)
Where a person in whose case three years have passed after being qualified as a professional engineer as at the time this Decree enters into force, who was qualified as a professional engineer before this Decree enters into force (excluding a person deemed to have been registered as a professional engineer pursuant to Article 2 of Addenda to the partly amended Professional Engineers Act, Act No. 12676), has earned credits pursuant to the former Article 12, the relevant credits shall be deemed credits he/she has earned pursuant to the amended provisions of Article 12 (1) 1 and subparagraph 2 (a) of attached Table according to the following classification. In such cases, he/she shall register under Article 5-7 (1) of the Act within one year after this Decree enters into force: | 1. | Where he/she has earned at least eight credits: The relevant credits shall be recognized as eight credits earned, including courses on ethics and safety for the last one year as of the date of filing an application for registration; |
| 2. | Where he/she has earned less than eight credits: The relevant credits only shall be recognized as credits earned, including courses on ethics and safety for the last one year as of the date of filing an application for registration. In such cases, where the relevant professional engineer intends to be registered, he/she shall additionally earn insufficient credits. |
ADDENDUM <Presidential Decree No. 27129, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 28243, Aug. 16, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28471, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.