ACT ON THE PROMOTION AND MANAGEMENT OF NON-DESTRUCTIVE TESTING TECHNOLOGY
Act No. 7426, Mar. 31, 2005
Amended by Act No. 8852, Feb. 29, 2008
Act No. 10091, Mar. 17, 2010
Act No. 11690, Mar. 23, 2013
Act No. 12666, May 21, 2014
Act No. 12759, Oct. 15, 2014
Act No. 14839, Jul. 26, 2017
Act No. 16530, Aug. 27, 2019
The purpose of this Act is to increase technical competitiveness by facilitating the promotion, research and development of non-destructive testing technologies, and enhance the safety of objects to be inspected by effectively utilizing the non-destructive testing technologies in industrial activities, thereby contributing to the safety of the people.
For the purposes of this Act, the term "non-destructive testing," which shall be prescribed by Presidential Decree, means a technical act of investigating incompleteness that constitutes an object to be inspected and identify the level of incompleteness without damaging such object, using principles that lie behind physical phenomena.
| Article 3 (Promotion Plans for Non-Destructive Testing Technology) |
| (1) | The Minister of Science and ICT shall formulate a promotion plan for non-destructive testing technologies (hereinafter referred to as "promotion plan") on a 5-year basis by consolidating plans submitted by the heads of the central administrative agencies concerned in accordance with paragraph (3), and inform the heads of the central administrative agencies concerned of the promotion plan in order to facilitate the promotion, research and development of non-destructive testing technologies and to effectively utilize the results thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | A promotion plan shall include any of the following subpargraphs: |
| 1. | Matters concerning promotion of non-destructive testing technologies and use of the said technologies in relevant industries; |
| 2. | Matters concerning practical application of the results, such as development of equipment; |
| 3. | Matters concerning the education and utilization of expert human resources; |
| 4. | Matters concerning fostering of research institutes and organizations relating to non-destructive testing technologies; |
| 5. | Matters concerning support for international cooperation and overseas markets entry; |
| 6. | Matters concerning building of an information and knowledge management system relating to non-destructive testing technologies. |
| (3) | The Minister of Science and ICT may request the heads of the central administrative agencies concerned to submit plans for the promotion of non-destructive testing technologies falling under each of their jurisdictions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | The Minister of Science and ICT shall select annual critical implementation tasks from promotion plans, and carry out such tasks through consultation with the heads of the central administrative agencies concerned. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 4 Deleted. <by Act No. 10091, Mar. 17, 2010> |
| Article 5 (Fostering of Non-Destructive Testing Technology) |
| (1) | The Minister of Science and ICT may, where necessary to promote non-destructive testing technologies, devise supporting policies necessary for the promotion of non-destructive testing technologies, practical application of the results, including development of equipment, and fostering of expert human resources, etc. through consultation with the heads of the central administrative agencies concerned. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Necessary matters concerning the scope, etc. of support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 6 (Support for Research Institutes, etc.) |
The Minister of Science and ICT may designate and foster a relevant research institute and organization, as prescribed by Ordinance of the Ministry of Science and ICT, and subsidize research and development initiatives, in order to vitalize the research and development activities related to non-destructive testing technologies. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 7 (Support for International Cooperation and Overseas Market Entry) |
| (1) | The Minister of Science and ICT and the heads of the central administrative agencies concerned may provide necessary support for international cooperation projects being carried out by a person who registered a non-destructive testing business under Article 11 (hereinafter referred to as "business entity") or by an organization related to non-destructive testing, in order to facilitate international cooperation concerning non-destructive testing technologies and overseas expansion. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT and the heads of the central administrative agencies concerned shall carry out policies necessary for mutual exchange of engineers, and mutual accreditation of technical qualifications, with foreign countries, and others in order to heighten the competitiveness of non-destructive testing technologies. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 8 (Building of Information Management System for Non-Destructive Testing Technology) |
| (1) | The Minister of Science and ICT shall build the following information management system and devise measures to utilize such system, in order to effectively use non-destructive testing technologies in industrial sites: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | Information on non-destructive testing technologies currently in use, new non-destructive testing technologies and application thereof, etc.; |
| 2. | Information on industrial fields and institutions, etc. using non-destructive testing technologies; |
| 3. | Information on various standards, etc. of accredited or internationally accepted non-destructive testing technologies; |
| 4. | Other information on the promotion and utilization of non-destructive testing technologies. |
| (2) | The Minister of Science and ICT may designate a dedicated institution or organization to manage information concerning non-destructive testing technologies and do other tasks, in order to efficiently carry out policies relating to an information management system under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 9 (Investigation into Current Status) |
| (1) | The Minister of Science and ICT may investigate the current status of industries, etc. which utilize non-destructive testing technologies, as prescribed by Presidential Decree, in order to efficiently formulate and carry out a promotion plan. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may, where necessary to investigate the current status pursuant to paragraph (1), request relevant enterprises, education institutes, research institutes and organizations to submit materials or state opinions. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The enterprises, institutions, etc. which received a request to submit materials or state opinions under paragraph (2) shall comply with such request unless there is a compelling reason not to do so. |
| Article 10 (Support for Business Entities) |
| (1) | The Minister of Science and ICT may support a business entity, where necessary to promote the sound development of non-destructive testing business so as to improve the safety of public facilities, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Matters necessary for business entities eligible for support, requirements for support and scope, etc. thereof under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 11 (Registration of Non-Destructive Testing Business) |
| (1) | Any person who intends to run a non-destructive testing business shall file for registration with the Minister of Science and ICT as prescribed by Ordinance of the Ministry of Science and ICT, by complying with the registration standards prescribed by Presidential Decree, including the scale of technical human resources and equipment standards. The same shall apply to any modification of such registered matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall issue a registration certificate, where registered matters are deemed to meet the standards under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | No person falling under any of the following subparagraphs may file for registration of non-destructive testing business: <Amended by Act No. 12759, Oct. 15, 2014> |
| 1. | A person under adult guardianship or under limited guardianship; |
| 2. | A person who was declared bankrupt and has not been reinstated; |
| 3. | A person in whose case two years have not elapsed since his/her imprisonment with labor declared by a court in violation of this Act was completely executed (including any case in which it is deemed to have been completely executed) or exempted; |
| 4. | A person who is under suspension of the execution of his/her imprisonment with labor, in violation of this Act; |
| 5. | A person in whose case one year has not elapsed since he/she became subject to a fine, in violation of this Act; |
| 6. | A person in whose case two years have not elapsed since registration of his/her non-destructive testing business was revoked under Article 17; |
| 7. | A corporation, an executive officer of which falls under any of subparagraphs 1 through 6. |
Where a business entity has transferred the relevant business or has deceased or a corporation has merged with another entity, the transferee or successor of the relevant business or a corporation surviving or incorporated after a merger shall inherit the status of the said business entity.
| Article 13 (Procedures, etc. for Performing Non-Destructive Testing) |
| (1) | Upon receiving a request for a non-destructive test, a business entity shall prepare a testing plan, and formulate a test report after the test is completed and submit the report to the person who has requested such a test (hereinafter referred to as "client"). In such case, both the person who conducts a test and a responsible manager under paragraph (2) shall sign the test report. |
| (2) | A business entity shall perform testing according to a testing plan and designate a person responsible for tests (hereinafter referred to as "responsible manager"). |
| (3) | Any person who conducts a non-destructive test (hereinafter referred to as "examiner") shall either obtain technical qualifications in the field of non-destructive testing under the National Technical Qualifications Act or have qualifications equivalent thereto, as prescribed by Presidential Decree. |
| (4) | Matters necessary for details to be covered by a testing plan and a test report under paragraph (1) shall be prescribed by Presidential Decree. |
| (5) | A responsible manager who is a non-destructive testing technician under the National Technical Qualifications Act or who has technical skills and experience prescribed by Ordinance of the Ministry of Science and ICT shall perform the following duties: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | Matters regarding support for preparation of test plans and test reports under paragraph (1) and checkout of them; |
| 2. | Matters regarding overall technical management of the relevant non-destructive testing service; |
| 3. | Other matters deemed necessary by the Minister of Science and ICT regarding duties under subparagraphs 1 and 2. |
| Article 14 (Training for Examiners) |
| (1) | The Minister of Science and ICT may formulate and implement policies regarding training for examiners, where necessary to improve examiners' technical capabilities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Examiners shall take training courses provided by the Minister of Science and ICT, as prescribed by Presidential Decree, which are designed to improve their technical capabilities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Any person who hires examiners shall bear expenses incurred in training them under paragraph (2), and shall not treat an examiner in a disadvantageous manner by reason of such worker’s receiving training. |
| Article 15 (Management of Examiners) |
| (1) | Any person who hires examiners shall report to the Minister of Science and ICT personal details and technical qualifications of examiners and their place of employment, as prescribed by Ordinance of the Ministry of Science and ICT. The same shall apply to any modification of reported matters. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall maintain records on technical qualifications, etc. of examiners, as prescribed by Ordinance of the Ministry of Science and ICT, and shall issue a career certificate upon receiving such request from an examiner. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 16 Deleted. <by Act No. 12666, May 21, 2014> |
| Article 17 (Revocation of Business Entities’ Registration) |
| (1) | Where a business entity falls under any of the following subparagraphs, the Minister of Science and ICT may revoke registration thereof or issue an order to suspend testing activities for a specified period not to exceed one year: Provided, That where a business entity falls under any of subparagraphs 1 through 4, the Minister shall revoke registration: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | Where a business entity has registered by fraud or other improper means; |
| 2. | Where a business entity has conducted testing duties during a period of business suspension; |
| 3. | Where a business entity has rented a registration certificate under Article 11 (2); |
| 4. | Where a business entity falls under any subparagraph of Article 11 (3): Provided, That this shall not apply where a business entity has replaced the disqualified executive with a new executive within six months from the date of his/her disqualification; |
| 5. | Where a business entity has conducted any act that constitutes grounds for business suspension disposition, after becoming subject to such disposition not less than twice within the latest five years; |
| 6. | Where a business entity has failed to comply with a corrective order within one month after the issuance of such an order because he/she failed to satisfy the registration standards under Article 11 (1); |
| 7. | Where a business entity has failed to comply with the procedures under Article 13 (1); |
| 8. | Where a person not qualified pursuant to Article 13 (3) has conducted a non-destructive test; |
| 9. | Where a responsible manager has performed duties, in violation of the scope of duties under Article 13 (5). |
| (2) | The Minister of Science and ICT shall hold a hearing when he/she intends to revoke registration under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Standards for imposing administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 18 (Establishment of Association) |
| (1) | A business entity may establish a Non-Destructive Testing Association (hereinafter referred to as the "Association") by obtaining authorization from the Minister of Science and ICT to contribute to the sound development of non-destructive testing business, the promotion of non-destructive testing technologies and the improvement of examiners' capabilities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Association shall be a juristic person and shall be established at the time when it registers such establishment at the location of its main office. |
| (3) | Where the Association intends to amend its articles of association, it shall obtain authorization from the Minister of Science and ICT. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | Except as provided in this Act, the provisions related to an incorporated association of the Civil Act shall apply mutatis mutandis to matters relating to the Association. |
The Association shall perform the following duties: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| 1. | Surveys and research on the current status of non-destructive testing technologies and statistics relating thereto; |
| 2. | Research on the systems for the promotion of non-destructive testing technologies and measures for improvement thereof; |
| 3. | Collection, analysis and provision of information regarding non-destructive testing technologies; |
| 4. | Installation and operation of joint-use facilities for business entities; |
| 5. | Research on proper standards for considerations regarding non-destructive testing; |
| 6. | Projects incidental to ones described in subparagraphs 1 through 5 and which shall be prescribed by its articles of association; |
| 7. | Other affairs entrusted by the Minister of Science and ICT. |
| Article 20 (Reporting and Investigation) |
| (1) | Where necessary to determine whether a business entity conducts testing in good faith, the Minister of Science and ICT may have such business entity report matters prescribed by Ordinance of the Ministry of Science and ICT, or have pubic officials under his/her control investigate the business entity’s office or testing site. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Where the Association’s duties or accounting methods are deemed to violate relevant statutes or articles of association, the Minister of Science and ICT may have pubic officials under his/her control conduct investigations thereinto. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Any public official conducting investigations under paragraphs (1) and (2) shall carry an identification indicating his/her authority and present it to interested persons. |
| Article 21 (Administrative Measures) |
| (1) | The Minister of Science and ICT may issue a corrective action order if the Association’s duties or accounting methods violate relevant statutes or articles of association. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Association shall take a corrective action within one month from the date an order is issued under paragraph (1) and report the results thereof to the Minister of Science and ICT. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| Article 22 (Entrustment of Duties) |
The Minister of Science and ICT may entrust some of its duties to the Association in accordance with this Act, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 23 (Prohibition against Disclosure of Confidential Information) |
No business entity, responsible manager and examiner shall disclose confidential information he/she has obtained in the course of performing his/her testing duties.
| Article 24 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
Any executive officer and employee of the Association who engages in duties entrusted by the Minister of Science and ICT under Article 22 shall be deemed to be a public official with regard to such duties, in applying Articles 129 through 132 of the Criminal Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
| Article 25 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 16530, Aug. 27, 2019> |
| 1. | Any person who has run a non-destructive testing business without filing for registration under the main sentence of Article 11 (1) or by filing for registration by fraud or other improper means; |
| 2. | Any person who has disclosed confidential information, in violation of Article 23. |
| (2) | Deleted. <by Act No. 12666, May 21, 2014> |
| Article 26 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or other person employed by, the corporation or individual commits any violation described in Article 25 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be subject to a fine prescribed in that Article: Provided, That this shall not apply where such corporation or individual has not neglected to exercise reasonable care and supervision with respect to the relevant business affairs to prevent such offences. [This Article Wholly Amended by Act No. 10091, Mar. 17, 2010]
| Article 27 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: |
| 1. | Any business entity who has failed to file for modified registration under the latter part of Article 11 (1) or files for modified registration by fraud; |
| 2. | Any business entity who has prepared and submitted a false report on test results under Article 13 (1) and submits it; |
| 3. | Any person who has failed to receive training under Article 14 (2) without good cause; |
| 4. | Any person who has failed to bear expenses incurred in receiving training or who has treated an examiner in a disadvantageous manner, in violation of Article 14 (3); |
| 5. | Any person who has failed to make a report (including reporting on modified matters) under Article 15 (1) or has made a false report; |
| 6. | Any person who has refused, obstructed or evaded an investigation under Article 20 (1). |
| (2) | An administrative fine under paragraph (1) shall be imposed and collected by the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | through (5) Deleted. <by Act No. 10091, Mar. 17, 2010> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force nine months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Former Non-Destructive Testing Business Operators) Any person who runs non-destructive testing business at the time this Act enters into force shall file for registration pursuant to Article 11 within three months after this Act enters into force. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10091, Mar. 17, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12666, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12759, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
Notwithstanding the amendment to Article 11 (3) 1, the former provisions shall apply to persons who were already declared incompetent or quasi-incompetent and for whom such declaration remains effective under Article 2 of the Addenda to the partially amended Civil Act (No. 10429) at the time such amendment enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, from among the Acts amended under Article 5 of the Addenda, shall enter into force on the date each relevant Act enters into force.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 16530, Aug. 27, 2019>
This Act shall enter into force on the date of its promulgation.