PROFESSIONAL ENGINEERS ACT
Amended by Act No. 5453, Dec. 13, 1997
Act No. 4500, Nov. 25, 1992
Amended by Act No. 5453, Dec. 13, 1997
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| Article 1 (Purpose) |
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The purpose of this Act is, by prescribing necessary matters concerning the management of professional engineers and the performance of their duties, to encourage the use of their services in the fields of industrial technology as well as to contribute to the promotion of science and technology and to the development of the national economy.
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| Article 2 (Definition) |
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The term “professional engineer” used in this Act means that person who has highly professional knowledge and applicable ability based on any practical experience in the fields of the technology concerned and acquires a certified qualification as a professional engineer under Article 4 of the National Technical Qualifications Act.
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| Article 3 (Duties of Professional Engineers) |
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| (1) | Professional engineers shall perform duties of any plan, research, design, analysis, investigation, test, execution, supervision, evaluation, diagnosis, business management, technical judgement, and engineering arbitration on the matters concerning the science and technology requiring professionally applicable ability, or technical advice and guidance thereon. |
| (2) | With respect to the duties of professional engineers, this Act shall apply except as otherwise prescribed by any other Act. |
| (3) | The category and scope of the matters concerning the science and technology requiring professionally applicable ability under paragraph (1) shall be prescribed by the Presidential Decree. |
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| Article 4 (Bona Fide Obligation) |
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Professional engineers shall bona fide perform their duties.
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| Article 5 (Policy for Use of Services of Professional Engineers) |
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| (1) | The Government shall establish and execute a policy for the use of services of professional engineers including matters falling under any of the following subparagraphs, so that their professional knowledge on the science and technology contributes to the development of industrial technology: |
| 1. | Long and short term prospect and plan for the demand and supply of professional engineers; |
| 2. | Measures to encourage the use of services of professional engineers; |
| 3. | Measures to nurture professional engineers as well as to improve their technical ability; and |
| 4. | Other necessary measures related to the duties of professional engineers. |
| (2) | Necessary matters concerning the establishment and execution of a policy for the use of services of professional engineers under paragraph (1) shall be prescribed by the Presidential Decree. |
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| Article 6 (Establishment and Registration of Professional Engineer Office) |
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| (1) | Any professional engineer, who intends to establish an office for the purpose of commencing his or her business, shall be registered with the Minister of Science and Technology. |
| (3) | A professional engineer shall not establish two or more offices. |
| (4) | The standards and procedures for the registration of a professional engineer office and other necessary matters shall be prescribed by the Presidential Decree. |
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| Article 7 (Refusal of Registration) |
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If a professional engineer, who makes an application for the registration of the establishment of his or her office under Article 6, falls under any of the following subparagraph, the Minister of Science and Technology shall refuse that registration: | 1. | In case that the said professional engineer enters any false information in a written application for the registration; |
| 2. | In case that one year has not elapsed since the registration of the said professional engineer’s office was revoked under Article 12; |
| 3. | In case that two years have not elapsed since any imprisonment to which the said professional engineer was sentenced under Article 21 (1) was completely executed or was decided not to be executed, or one year has not elapsed since his or her fine as sentenced by a court was finally decided; or |
| 4. | In case that the said professional engineer establishes two or more offices. |
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| Article 8 (Report of Modification of Registered Matters, or Suspension or Cessation of Business) |
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| (1) | Any professional engineer as registered under Article 6 (1) (hereinafter referred to as a “registered professional engineer”) shall, if modifying such matters as so registered or suspending or ceasing his or her business, make a report to the Minister of Science and Technology. |
| (2) | The provisions of Article 6 (2) shall apply mutatis mutandis to any case falling under paragraph (1) of this Article. |
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| Article 9 (Confidentiality) |
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Except as otherwise prescribed by any other Act, a person who is or was a professional engineer or other persons who are or were his or her assistants shall not disclose any confidential information which comes to their knowledge in the course of performing their duties.
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| Article 10 (Prohibition of Use of Similar Name) |
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Any person other than a registered professional engineer shall not use the name of a Professional Engineer Office or any other name confused therewith.
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| Article 11 (Signature and Sealing) |
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| (1) | If a registered professional engineer prepares designs or reports (hereinafter referred to as the “designs and so on”) in relation to the performance of his or her duties, he or she shall sign and seal them. The same shall apply to any partial modification of the designs and so on. |
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| Article 12 (Revocation of Registration) |
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If a registered professional engineer falls under any of the following subparagraphs, the Minister of Science and Technology may revoke his/ her registration:
| 1. | In case that he or she makes any registration under Article 6 (1) by any deceit or other wrongful means; |
| 2. | In case that he or she fails to satisfy the standards for registration under Article 6 (4): Provided, That this shall not apply if those standards are satisfied within one month; or |
| 3. | In case that he or she violates this Act, or orders issued or dispositions taken under this Act. |
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| Article 13 (Consultation on Management of Professional Engineers) |
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In order to efficiently manage professional engineers, the Minister of Science and Technology shall consult with any other competent Minister on such matters as prescribed in any of the following subparagraphs:
| 1. | Important matters related to the registration and management of professional engineers; |
| 2. | Matters related to the nurture of professional engineers and the use of their services; and |
| 3. | Other necessary matters related to the management of professional engineers. |
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| Article 14 (Establishment of Korean Professional Engineers Association) |
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| (1) | Professional engineers may establish the Korean Professional Engineers Association (hereinafter referred to as the “KPEA”) with the authorization of the Minister of Science and Technology in order to improve their duties and technical ability as well as to maintain their dignity. |
| (2) | The KPEA shall be a juristic person. |
| (3) | The KPEA shall be established at the time when its incorporation is registered in any place where its office is located. |
| (4) | The KPEA shall, if intending to modify the articles of incorporation, obtain authorization of the Minister of Science and Technology. |
| (5) | The matters which are entered in the articles of incorporation of the KPEA shall be prescribed by the Presidential Decree. |
| (6) | The Government shall take an policy to support and develop the duties of the KPEA as prescribed in Article 16 and encourage its independent operation. |
| (7) | Except as prescribed by this Act, the provisions concerning an incorporated association as referred to in the Civil Act shall apply mutatis mutandis to the KPEA. |
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| Article 15 (Members of KPEA) |
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| Article 16 (Duties of KPEA) |
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The KPEA shall perform duties falling under any of the following subparagraphs:
| 1. | Investigation and research for technical improvement; |
| 2. | Guidance of the industrial technology and exchange of information thereon; |
| 3. | Development of duties of professional engineers and improvement of their ability; |
| 4. | Maintenance of professional engineers’ dignity; |
| 5. | Promotion of professional engineers’ welfare and the protection of their rights of interests; |
| 6. | Duties as entrusted by the competent Minister; and |
| 7. | Other duties which are appurtenant to those falling under subparagraphs 1 through 6 and which are determined by the articles of incorporation. |
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| Article 17 (Supervision of KPEA) |
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The Minister of Science and Technology shall direct and supervise the duties of the KPEA.
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| Article 18 (Report and Inspection) |
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| (1) | The Minister of Science and Technology may have registered professional engineers report necessary matters or have public officials under his or her control inspect books and other documents. |
| (2) | A public official who carries out an inspection under paragraph (1) shall carry an identification verifying his or her authority to do so and show it to the related persons. |
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| Article 19 (Hearing) |
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If the Minister of Science and Technology intends to revoke the registration of professional engineers under Article 12, he or she shall hold a hearing. [This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]
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| Article 20 (Entrustment of Authority) |
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Part of the authority of the Minister of Science and Technology under this Act may be entrusted to the KPEA in accordance with the Presidential Decree.
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| Article 21 (Penal Provisions) |
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| (1) | A person who is registered as a professional engineer under Article 6 (1) by any deceit or other wrongful means or who discloses any confidential information coming to his or her knowledge in the course of performing his or her duties in violation of Article 9, shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won. |
| (2) | A person who uses the name of a Professional Engineer Office or any other name confused therewith in violation of Article 10 shall be punished by a fine not exceeding three million won. |
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| Article 22 (Fine for Negligence) |
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| (1) | A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five hundred thousand won: |
| 1. | A registered professional engineer who does not make such report as prescribed in Article 8 (1) or makes any false report; |
| 2. | A registered professional engineer who does not sign and seal the designs and so on or specify a registered technology field or certified qualification category in violation of Article 11; |
| 3. | A registered professional engineer who does not make such report as prescribed in Article 18 (1) or makes any false report; and |
| 4. | A registered professional engineer who refuses, hinders or evades an inspection of any related public official under Article 18 (1). |
| (2) | A fine for negligence as prescribed in paragraph (1) shall, in accordance with the Presidential Decree, be imposed and collected by the Minister of Science and Technology. |
| (3) | A person, who is dissatisfied with any disposition of a fine for negligence as prescribed in paragraph (2), may raise an objection to the Minister of Science and Technology within thirty days after the said disposition is notified. |
| (4) | If a person, who is subject to any disposition of a fine for negligence under paragraph (2), raises an objection under paragraph (3), the Minister of Science and Technology shall, without delay, notify the competent courts, which, in turn, shall proceed to a trial on a fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act. |
| (5) | If an objection is not raised within the period under paragraph (3) and a fine for negligence is not paid, the fine for negligence shall be collected pursuant to the examples of disposition on the national taxes in arrears. |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning KPEA) At the time when this Act enters into force, the “Korean Professional Engineers Association, Incorporated Association” the establishment of which is permitted under Article 32 of the Civil Act shall be deemed to be established under Article 14 of this Act: Provided, That it shall modify the articles of incorporation in accordance with this Act and obtain an authorization of the Minister of Science and Technology within two months after this Act enters into force. |
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
Last updated : 2009-07-26