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ENFORCEMENT DECREE OF THE PROFESSIONAL ENGINEERS ACT

Ministry of Education, Science and Technology (Regulatory Reform Legal Division) Tel.: 02-2100-6158

Article 1 (Purpose)

The purpose of this Decree is to provide for such matters as delegated by the Professional Engineers Act and those necessary for the enforcement thereof. Article 2 (Scope of Duties of Professional Engineers) The categories and scope of the matters that require professional application ability of science and technology under Article 3 (4) of the Professional Engineers Act (hereinafter referred to as the "Act") shall be as stated in the attached Table-1. Article 3 (Organization of Deliberative Committee on Development of Professional Engineer System)

(1) The term "relevant central administrative agencies prescribed by Presidential Decree" in Article 3-2 (4) 1 of the Act refers to the Minister of Education, Science and Technology, the Ministry of Public Administration and Security, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Knowledge Economy, the Ministry for Health, Welfare and Family Affairs, the Ministry of Environment, the Ministry of Labor, the Ministry of Land, Transportation and Maritime Affairs, the National Emergency Management Agency, the Rural Development Administration, and the central administrative agencies that the chairperson of the Deliberation Committee on the Development of Professional Engineer System (hereinafter referred to as the "Committee") under Article 3-2 (1) of the Act deems related to the agenda brought up in the Committee for deliberation.

(2) When the Minister of Education, Science and Technology (hereinafter referred to as the "Minister") commissions the members of the Committee under Article 3-2 (4) 2 of the Act, he/she shall ensure that no more than three members per sector representing the industrial sector, the academic sector, and the research sector are evenly included in the Committee. Article 4 (Operation of Committee)

(1) The chairperson of the Committee shall convene the Committee's meeting and preside over the meeting.

(2) When the chairperson of the Committee convenes a meeting, he/she shall notify each committee member of the date and time, venue, and agenda of the meeting by no later than seven days prior to the scheduled date of meeting: Provided, that the same shall not apply in cases where urgent circumstances or other unavoidable grounds exist. (3) A meeting of the Committee shall open with the attendance of a majority of the registered members, and resolution of a meeting requires consent of a majority of the members present at the meeting.

(4) The head of the related central administrative agency under Article 3 (1) may request the Committee to put the matters on which a deliberation by the Committee is required, such as major policies and plans related to the category of professional engineers under his/her jurisdiction on the agenda of the Committee for deliberation. Article 5 (Establishment of Principles of Ethics) A professional engineer association established under Article 14 of the Act may lay down the principles of ethics of which professional engineers shall comply to fulfill their duty of good faith and duty of maintenance of dignity under Article 4 of the Act. Article 6 (Establishment of Basic Plan for Development of Professional Engineer System)

(1) In the event that the Minister intends to establish a basic plan for the development of the professional engineer system under Article 5 of the Act (hereinafter referred to as the "master plan"), he/she shall consult with the head of the central administrative agency in charge of the matters related to the relevant qualifications for professional engineers under Article 10 of the National Technical Qualifications Act (hereinafter referred to as the "relevant Minister") and pass the deliberation by the Committee. The same shall also apply to any modification of the basic plan.

(2) The Minister may request the relevant Minister to furnish him/her with the materials necessary for establishing the basic plan. In this case, the relevant Minister shall cooperate with such request unless there exist any special situations not to.

(3) When the Minister has established the basic plan, he/she shall notify such basic plan to the Minister of Labor and the relevant Minister.

Article 7 (Formulation and Execution of Implementation Plan) (1) When the relevant Minister has received the notification of the basic plan under Article 6 (3), he/she shall formulate and execute an implementation plan for the matters under his/her jurisdiction.

(2) The relevant Minister shall present the implementation plan under section (1) and the results of the execution thereof to the Minister.

Article 8 (Functions of Deliberative Committee)

The Examining Committee on the International Reciprocal Recognition of Qualifications for Professional Engineers under Article 5-2 (2) of the Act (hereinafter referred to as the "Examining Committee") shall be responsible for the deliberation on the following matters:

1. Standards for deliberation on international reciprocal recognition of qualifications for professional engineers;

2. Whether a professional engineer satisfies the qualification requirements for the international reciprocal recognition of qualifications for professional engineers; and

3. Other matters that the Minister deems necessary for the examination on the qualification requirements for the reciprocal recognition of qualifications for professional engineers. Article 9 (Organization and Operation of Examining Committee) (1) The Examining Committee shall be composed of not less than eleven, but not more than fifteen committee members.

(2) The Deliberation Committee shall have the following persons as its members:

1. One person from each Ministry appointed by the head of each competent Ministry among public officials in the director class working for the Ministry of Education, Science and Technology, the Ministry of Foreign Affairs and Trade, the Ministry of Labor and the Ministry of Land, Transport and Maritime Affairs; and

2. No more than ten persons commissioned by the Minister among those who have profound academic knowledge and experience in science and technology as well as the professional engineer system.

(3) The chairperson of the Examining Committee shall be appointed by the Minister among the committee members under section (2) 2.

(4) The term of office for the committee members under section (2) 2 shall be three years, and the committee members may serve for consecutive terms: Provided, that the term of office for a committee member newly commissioned as a replacement for a retired member or for any other reason shall be the remaining term of office of the predecessor. (5) The chairperson of the Examining Committee shall convene the meetings of the Deliberation Committee and preside over such meetings. (6) Meetings of the Examining Committee shall open duly formed with the attendance of a majority of incumbent committee members, and resolutions of meetings shall require the consent of a majority of present members

(7) Matters necessary for the operation of the Examining Committee other than those prescribed by this Decree shall be prescribed by the chairperson through the prior resolution of the Examining Committee.

Article 10 (Organization and Operation of Special Examining Subcommittees) (1) The Examining Committee may have a special examining subcommittee for each technical field and assign it to examine the matters under subsection 2 of Article 8. (2) Each special examining subcommittee shall be composed of not less than seven but not more than eleven members.

(3) Members of each special examining subcommittee shall be commissioned by the chairperson of the Examining Committee among those who have expertise in each relevant technical field, as well as profound academic knowledge and experience in the professional engineer system.

(4) The term of office for each member of a special examining subcommittee shall be three years, and the members may serve for consecutive terms. (5) The chairperson of each special examining subcommittee shall be appointed by the chairperson of the Examining Committee among the members of the special examining subcommittee.

(6) Matters necessary for the operation of special examining subcommittees, in addition to those prescribed by this Decree, shall be prescribed by the chairperson of the Examining Committee through the prior resolution of the Examining Committee. Article 11 (Establishment of Standards for International Reciprocal Recognition of Qualifications for Professional Engineers)

(1) In the event that the Minister intends to establish or amend the standards for examination on international reciprocal recognition of qualifications for professional engineers, he/she shall pass the deliberation by the Examining Committee.

(2) The Minister shall publicly notify the standards for examination established or amended pursuant to section (1). Article 12 (Persons Subject to Educational Training for Professional Engineers) (1) A person for whom one year has elapsed since he/she was issued a qualification certificate and who is engaged in the professional engineer occupation under Article 3 of the Act or other laws and regulations shall complete 90 units of the educational training in accordance with Article 5-3 (2) of the Act every three years from the date on which one year has elapsed since the date on which the qualification certificate was issued (hereinafter referred to as the" reference date").

(2) A professional engineer, who has not engaged in the professional engineer occupation under Article 3 of the Act or any other laws and regulations for three years or longer since the reference date, shall complete 45 credits of educational training in accordance with Article 5-3 (2) of the Act in advance before he/she resumes the job as professional engineer. Article 13 (Methods and Standards of Educational Training for Professional Engineers) (1) In the event that a professional engineer is unable to attend educational training due to sickness or any mental or physical disorder, etc. and justifies such inability with supporting materials in accordance with the procedures prescribed by the Ordinance of the Ministry of Education, Science and Technology, such period of time approved by the Minister shall not be included in the period of three years during which he/she is otherwise required to complete such educational training under Article 12 (1).

(2) The categories, contents and standards for recognition of the educational training under Article 12 shall be as stated in the attached Table-2. (3) The term "cases applicable to the standards prescribed by Presidential Decree" in the proviso of Article 5-3 (2) of the Act refers to the cases where such educational training correspond to the curriculum prescribed and publicly notified by the Minister, taking into account persons subject to the educational training, contents of educational training, and training facilities of educational institutions, etc.

Article 14 (Educational Institutions for Professional Engineers) (1) The Minister may designate any of the following institutions or organizations as an educational institution, if it satisfies the requirements as prescribed by the Ordinance of the Ministry of Education, Science and Technology:

1. A professional engineer association established pursuant to Article 14 of the Act;

2. An institution or organization designated as an educational institution for engineers pursuant to the Construction Technology Management Act, the Electric Technology Management Act, the Engineering Technology Promotion Act, or any other laws and regulations;

3. A university or college under Article 2 of the Higher Education Act;

4. A non-profit corporation established with the permission of the competent administrative authority pursuant to Article 32 of the Civil Act for the purpose of academic activities;

5. A government-invested research institution specializing in science and technology established pursuant to the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions of Science and Technology; and

6. The Korea Institute of Science and Technology Evaluation and Planning (including its attached institutions) established pursuant to Article 20 of the Framework Act on Science and Technology.

(2) Detailed matters concerning the designation procedures of the educational institutions shall be prescribed by the Ordinance of the Ministry of Education, Science and Technology. Article 15 (Verification of Record of Educational Training) (1) When a professional engineer has completed the educational training under Article 12, he/she shall submit the report on his/her record of the educational training to the Minister. (2) The Minister shall review the record as reported under section (1) and issue a certificate of completion of educational training if such record satisfies the standards for the recognition of educational training under Article 13 (2).

(3) Detailed matters concerning the submission of the report on the record of educational training and issuance of the certificate of completion of educational training shall be prescribed by the Ordinance of the Ministry of Education, Science and Technology. Article 16 (Maintenance and Management of Records of Workplaces, etc. of Professional Engineers)

(1) The Minister shall provide each professional engineer a registration number pursuant to Article 5-4 (2) of the Act, and make entries of the following information in the integrated information system for professional engineers under Article 5-5 of the Act (hereinafter referred to as the "integrated information system") and maintain and manage such information:

1. Name, workplace, career, and academic background of the professional engineer;

2. Category of professional engineer and date of acquisition of the qualification; and

3. Records of educational training under Article 5-3 of the Act. (2) Any professional engineer may report the information under subsections of section (1) through the integrated information system. The same shall also apply to any revision of any reported matter.

Article 17 (Collection of Data Required for Integrated Information System) In the event that the Minister requests the heads of the related central administrative agencies, an association related to professional engineers, etc., (hereinafter referred to as the "related central administrative agency, etc.") to furnish him/her with data pursuant to Article 5-5 (2) of the Act, he/she shall describe the purpose and method of use of such data. In this case, the Minister may, if necessary for having such data supplemented or updated, request the head of the related central administrative agency, etc. that submitted the data to supplement or update it. Article 18 (Application for Registration of Opening Professional Engineer Office) (1) A professional engineer who intends to register the opening of a professional engineer's office under Article 6 (1) of the Act (including joint offices of professional engineers; hereinafter the same shall apply) shall file an application for such registration in writing with the Minister along with the documents prescribed by the Ordinance of the Ministry of Education, Science and Technology.

(2) The Minister shall, upon receiving an application for registration under section (1), make entries of necessary matters in the register of opening of professional engineer's offices and issue a registration certificate of the opening of the professional engineer's office to the applicant, unless there exists any ground to reject the registration under Article 7 of the Act. Article 19 (Standards for Registration of Joint Offices of Professional Engineers) (1) The term "assistant manpower prescribed by Presidential Decree"in Article 6 (4) 1 of the Act refers to any person who applies to any of the following subsections for the technical field (referring to the technical field as defined in the category column of the attached Table1) to which the category of qualification held by a professional engineer (hereinafter referred to as "member of a joint office") who has formed a joint office of professional engineers (hereinafter referred to as a "joint office") belongs:

1. A professional engineer;

2. An engineer;

3. A person who has experience in performing affairs in the relevant technical field for at least two years after acquiring the qualification as an industrial engineer;

4. A person who holds a bachelors degree or higher in the department related to the relevant technical field; and

5. A person who has experience in performing affairs in the relevant technical field for at least three years after he/she graduated from a department of junior college related to the relevant technical field.

(2) Any person who intends to open a joint office shall prepare an agreement on the operation of the joint office, and the members of the joint office shall jointly affix their signatures and seals thereon.

(3) The agreement under section (2) shall contain the following matters:

1. Purpose, name and address of the office;

2. Names and addresses of members;

3. Matters concerning its organization and operation;

4. Matters concerning the admission and withdrawal of the members; and

5. Matters concerning revenue and expenditure. Article 20 (Report on Changes, etc. in Registered Matters) Changes in any registered matters of a professional engineer's office under Article 8 (1) of the Act, temporary closing, or permanent closedown of a professional engineer's office shall be reported within fifteen days from the date on which such a change, closing, or closedown occurs.

Article 21 (Maintenance and Management of Records Concerning Performance Records of Professional Engineer Offices)

(1) The Minister shall maintain and manage the records concerning performance records of each professional engineer's office according to the following categories pursuant to Article 11-2 (2) of the Act:

1. Range of technology;

2. Project owner;

3. Bidding method;

4. Contract amount and contract period; and

5. Other matters that the Minister deems necessary for maintaining and managing the performance records of each professional engineer's office. (2)The Minister may make entries of the information under subsections of section (1) in the integrated information system for maintenance and management.

Article 22 (Consultation on Revocation of Registration) Where the Minister intends to revoke the registration of a professional engineer's office pursuant to Article 12 of the Act, he/she shall consult with the relevant Minister by specifying the grounds for such revocation.

Article 23 (Authorization for Establishment of Professional Engineer Association) Where professional engineers intend to obtain authorization for the establishment of a professional engineer association under Article 14 (1) of the Act, they shall submit an application form to the Minister attached by the following documents:

1. Articles of association;

2. Detailed statement of assets;

3. Business plan and budget for revenue and expenditure for the year of establishment; 4 A written resolution on establishment;

5. Documents describing the details concerning the election of the representative of promoters; and

6. Letters of acceptance of appointment and resumes of officers. Article 24 (Entries to Be Stated in Articles of Association) The articles of association of a professional engineer association shall state the following matters:

1. Purpose;

2. Name;

3. Address of principal office;

4. Matters concerning assets and accounting;

5. Matters concerning appointment and dismissal of officers;

6. Matters concerning rights and obligations of members;

7. Matters concerning businesses and execution thereof;

8. Matters concerning meetings;

9. Matters concerning amendment of the articles of association; and

10. Other important matters concerning operation of the professional engineer association. Article 25 (Application for Authorization for Amendment of Articles of Association) Where a professional engineer association intends to obtain authorization for amendment of its articles of association in accordance with Article 14 (4) of the Act, it shall submit an application form to the Minister along with such documents as prescribed by the Ordinance of the Ministry of Education, Science and Technology.

Article 26 (Entrustment of Authority)

(1) The term "other affairs prescribed by Presidential Decree" in Article 20 (1) 7 of the Act refers to the affairs related to the examination on international reciprocal recognition of qualifications for professional engineers and issuance of certificates of international reciprocal recognition of qualifications for professional engineers under Article 5-2 (1) through (3) of the Act.

(2) Pursuant to Article 20 of the Act, the Minister shall entrust the educational institutions designated pursuant to Article 14 with the business affairs related to the implementation of educational training under Article 5-3 of the Act (excluding the business affairs related to the review on records of the educational training and issuance of certificates of completion of educational training under Article 15).

(3) Pursuant to Article 20 of the Act, the Minister shall entrust a professional engineer association which meets the requirements prescribed and publicly notified by the Minister on the following business affairs:

1. Reporting on the workplace, career, academic background, etc. of each professional engineer under Article 5-4 of the Act;

2. Business affairs related to the establishment and operation of the integrated information system under Article 5-5 of the Act;

3. Registration of opening a professional engineer's office under Article 6 of the Act;

4. Acceptance of reports on revision of registered matters, temporary closing, or permanent closedown under Article 8 of the Act;

5. Management of performance records of professional engineers with their offices registered under Article 11-2 of the Act;

6. Business affairs related to the review on the records of the educational training and issuance of certificates of completion of training courses under Article 15; and

7. Business affairs under section (1). (4)The Minister shall publicly announce the names, addresses, representatives, etc. of the educational institutions and professional engineer associations to whom business affairs are entrusted under sections (2) and (3) (hereinafter referred to as the "entrusted institutions"). (5) When the entrusted institutions have conducted the business affairs entrusted under sections (2) and (3), they shall report the results thereof to the Minister.

(6) In the event that a professional engineer with his/her professional engineer's office registered corresponds to any ground for revocation of registration of the professional engineer's office as provided in Article 12 of the Act, the professional engineer association to whom the business affairs are entrusted under section (3) shall report such fact to the Minister. Article 27 (Procedures for Imposition and Collection of Fines for Negligence) (1) Where the Minister intends to impose a fine for negligence upon an offender pursuant to Article 22 of the Act, he/she shall investigate and verify the facts relevant to the offense, and issue a written notice to the person subject to the disposition of the fine for negligence to demand the payment of such fine for negligence by clearly stating in writing the facts relevant to the offense and the method and time period for filing an objection.

(2) Where the Minister intends to impose a fine for negligence upon an offender pursuant to section (1), he/she shall provide the person subject to the disposition of the fine for negligence with an opportunity to make a statement, orally or in writing (including an electronic document), on his/her case within a given period of time not less than ten days. In this case, it shall be deemed that the offender has no objection if he/she fails to make any statement within the designated period of time.

(3) The categories of offense subject to the imposition of fines for negligence under Article 22 (2) of the Act and the amount to be imposed thereon shall be as stated in the attached Table-3.

(4) The Minister may increase or decrease the amount of a fine for negligence within the extent of one half of the amount to be imposed pursuant to section (3), upon taking into account the motive, consequences, etc. of the relevant offense: Provided, that the amount so increased shall not exceed the amount prescribed by the Act.

(5)The procedures for collection of fines for negligence shall be prescribed by the Ordinance of the Ministry of Science and Technology.

ADDENDA (Organization of the Ministry of Public Administration and Security and Its Affiliated Agencies)

Article 1 (Enforcement Date)

This Decree shall enter into effect on the date of its promulgation. Article 2 through 4 Omitted.

Article 5 (Amendment of Other Laws and Regulations) (1) through (14) Omitted.

(15) Part of the Enforcement Decree of the Professional Engineers Act shall be amended as follows:

The term "Minister of Science and Technology" in the part other than each subsection of Article 26 (3) shall be changed to "Minister of Education, Science and Technology". <16> through <175> Omitted.