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
Act No. 17347, jun. 9, 2020
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. <Amended on Jun. 9, 2020>
| 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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A promotion plan shall include any of the following subparagraphs: |
| 1. | Matters relating to promotion of non-destructive testing technologies and use of the said technologies in relevant industries; |
| 2. | Matters relating to practical application of the results, such as development of equipment; |
| 3. | Matters relating to the education and utilization of expert human resources; |
| 4. | Matters relating to fostering of research institutes and organizations relating to non-destructive testing technologies; |
| 5. | Matters relating to support for international cooperation and overseas markets entry; |
| 6. | Matters relating to 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 on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| Article 4 Deleted. <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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Necessary matters relating to the scope, etc. of support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 6 (Support for Research Institutes) |
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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020>
| 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 relating to non-destructive testing technologies and overseas expansion. <Amended on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (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 on Feb. 29, 2008; Mar. 23, 2013; 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. <Amended on Jun. 9, 2020> |
| 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 on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (3) | No person falling under any of the following subparagraphs may file for registration of non-destructive testing business: <Amended on Oct. 15, 2014; Jun. 9, 2020> |
| 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 or 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 or her imprisonment with labor, in violation of this Act; |
| 5. | A person in whose case one year has not elapsed since he or 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 or 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 for Performing Non-Destructive Testing) |
| (1) | Upon receiving a request for a non-destructive testing, 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. <Amended on Jun. 9, 2020> |
| (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 testing (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 other qualifications equivalent thereto, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| 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 on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| Article 16 Deleted. <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 exceeding one year: Provided, That where a business entity falls under any of subparagraphs 1 through 4, the Minister shall revoke registration: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| 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 or 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 or 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 or she intends to revoke registration under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association. <Amended on Jun. 9, 2020> |
The Association shall perform the following duties: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020>
| 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 under 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 or her control investigate the business entity’s office or testing site. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (2) | Where the Association’s duties or accounting methods are deemed to violate relevant statutes or regulations, or articles of association, the Minister of Science and ICT may have pubic officials under his or her control conduct investigations thereinto. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Any public official conducting investigations under paragraphs (1) and (2) shall carry an identification indicating his or 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 regulations, or articles of association. <Amended on Feb. 29, 2008; Mar. 23, 2013; 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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| 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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020>
| Article 23 (Prohibition against Disclosure of Confidential Information) |
No business entity, responsible manager and examiner shall disclose confidential information he or she has obtained in the course of performing his or her testing duties.
| Article 24 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
The executive officers and employees of the Association who engage in duties entrusted by the Minister of Science and ICT under Article 22 shall be deemed to be public officials with regard to such duties, in applying Articles 129 through 132 of the Criminal Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020>
| 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 on Aug. 27, 2019> |
| 1. | Any person who has run a non-destructive testing business without filing for registration under the main clause 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. <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 under 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 offenses. [This Article Wholly Amended on 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: <Amended on Jun. 9, 2020> |
| 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 on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017; Jun. 9, 2020> |
| (3) | Deleted. <Mar. 17, 2010> |
| (4) | Deleted. <Mar. 17, 2010> |
| (5) | Deleted. <Mar. 17, 2010> |
ADDENDA <Act No. 7426, Mar. 31, 2005>
| (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.
ADDENDUM <Act No. 17347, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.