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ENFORCEMENT REGULATIONS OF THE DEVELOPMENT AND MANAGEMENT OF NON-DESTRUCTIVE TESTING TECHNOLOGY ACT

[Enforcement: Mar. 4, 2008] [Ordinance of the Ministry of Education, Science and Technology No. 1, Mar. 4, 2008, Amendment of Other Act] Ministry of Education, Science and Technology (Radiation Division) 02-2100- 6980~6984

Article 1 (Purpose)

The purpose of this Regulation is to provide for the matters delegated by the Development and Management of Non-destructive Testing Technology Act and the Enforcement Decree of the Act, and the matters necessary for the enforcement thereof. Article 2 (Designation and Fosterage of Research Institutes, etc.) (1) The scope to designate research institutes or organizations whose expenses for research and development may be subsidized pursuant to Article 6 of the Development and Management of Non-destructive Testing Technology Act (hereinafter referred to as the "Act") shall be as follows:

1. The Non-destructive Testing Association (hereinafter referred to as the "Association") under Article 18 of the Act;

2. Universities and colleges, industrial colleges, junior colleges and colleges of technology under Articles 2 (1), (2), (4) and (6) of the Higher Education Act;

3. Government-invested research institutes in science and technology fields under Article 2 (1) of the Act on Establishment, Operation and Fosterage of Government-invested Research Institutes, etc. in Science and Technology Field;

4. Research institutes attached to companies under Article 7 (1) 2 of the Technology Development Promotion Act;

5. Professional engineers association under Article 14 of the Professional Engineers Act;

6. Non-profit corporations established under Article 32 of the Civil Act or established with the permission of the Minister of Education, Science and Technology under Article 4 of the Act on the Establishment and Operation of Public Service Corporations; and

7. Specific Research Institutes under Article 2 of the Specific Research Institutes Act.

(2) Any person who falls under any of the subparagraphs of paragraph (1) and intends to obtain the designation under Article 6 of the Act shall file an application with the Minister of Education, Science and Technology accompanied with all the following documents:

1. A copy of the transcript of corporate register (only for corporations);

2. A copy of business plans; and

3. A copy of facts on research and technical personnel and research facilities. (2) The Minister of Education, Science and Technology may, if it is necessary to decide whether the business plan is appropriate, request for additional materials.

Article 3 (Application for and Certificate of Registration) (1) Any person who intends to register the non-destructive testing business under Article 11 (1) of the Act shall submit an application of the Attached Form No. 1 attached with the following documents to the Association:

1. A copy of a transcript of corporate register or the certificate of business registration under the Value-added Tax Act;

2. A copy of documents certifying the actual conditions and qualifications of technical personnel intending to register:

3. A copy of testing methods and actual conditions of equipment;

4. In the case that it falls under the proviso of Article 10 of the Enforcement Decree of the Development and Management of Non-destructive Testing Technology Act, documents that certifies the fact thereof; and

5. A duplicate copy of the certificate of mobile-use of radioisotopes or radiation generating devices under Article 65 of the Atomic Energy Act. (2) The certificate of registration under Article 11 (2) of the Act shall conform to the Attached Form No. 2.

Article 4 (Qualification for Responsible Official) The term "a person with the technical capability and experience as prescribed in the Ordinance of the Ministry of Education, Science and Technology" in Article 13 (5) means a person falling under any one of the following subparagraphs:

1. A person who has performed the non-destructive testing service for more than five years after he/she obtained the qualification for an engineer in the field of non- destructive testing under the State Technical Qualifications Act; or

2. A person who has performed the non-destructive testing service for more than eight years after he/she obtained the qualification for an industrial engineer in the field of non-destructive testing under the State Technical Qualifications Act; Article 5 (Management, etc. of Testers' Career)

(1) Any person who has registered the non-destructive testing business (hereinafter referred to as the "non-destructive testing business") under Article 11 (1) of the Act shall submit the Attached Form No. 3 containing the personal information, technical qualification and place of work of the testers to the Association accompanied with the following documents within a month after the registration of the non- destructive business pursuant to Article 15 (1) of the Act. Provided, that the same shall not apply to the testers whose personal information, technical qualification and place of work were presented at the time of registration of the non-destructive business under Article 11 (1) of the Act:

1. A duplicate copy of the certificate of technical qualification of the tester; and

2. Document certifying the career experience of the tester (only for the case where presentation of the career experience is required). (2) Where any matter submitted under paragraph (1) is altered (excluding the alteration of the place of work), the non-destructive testing business shall report the altered particulars by the Attached Form No. 3 within one month from the date of alteration to the Association.

(3) The Association shall enter the submitted matters under paragraphs (1) and (2) into the testers' career management record and shall maintain the record. (4) Any person intending to obtain the certificate of career experience under Article 15 (2) of the Act shall file an application with the Association by the Attached Form No. 4.

(5) The Association shall, when it has been applied for the issuance of the certificate of career experience under paragraph (4), issue a certificate of career experience by the Attached Form No. 5.

Article 6 (Application for Exemption of Training and Reduction of Training Hours)

Any person seeking to remit the basic training or the professional training, or training hours pursuant to Article 13 (3) of the Decree shall file an application with the Association accompanied with documents certifying the following matters:

1. Completion of the training regarding non-destructive testing as prescribed by other statutes; and

2. Completed subjects and hours. Article 7 (Standards for Administrative Disposition with Non-destructive Testing Business)

(1) The standards for administrative dispositions with non-destructive testing businesses under Article 17 (3) of the Act shall conform to the Attached Table. (2) The Minister of Education, Science and Technology may, in the event that he/she takes an administrative disposition pursuant to paragraph (1), extend or shorten the business suspension period within the scope of half of the business suspension period set forth in the Attached Table taking into consideration the motive, details and frequency of the offense. In the case of extending, the business suspension period shall not exceed one year.

Article 8 (Application for Authorization on Amendment of Articles of Association) The Association shall, when it applies for authorization on the amendment of the articles of association pursuant to Article 18 (3) of the Act, submit the following documents:

1. A copy of written reason for amendment;

2. A copy of the articles of association intending for amendment (including a comparison of the former and new articles);

3. A copy of the minutes of the general meeting or the directors' meeting held in connection with the amendment of the articles; and

4. In the case of amendment of the articles due to disposition of the basic properties, a copy of documents stating the reason for disposition, list of disposed properties and method of disposition.

Article 9 (Documents for Report)

The term "the matters as provided in the Ordinance of the Ministry of Education, Science and Technology" in Article 20 (1) of the Act mean the following matters:

1. Summary of the non-destructive testing performed at the request of a client;

2. Explanation of the testing process;

3. The testing plan and the test results delivered to the client; and

4. Other data related with the non-destructive testing. Article 10 (Procedure for Collection of Fine for Negligence) The Enforcement Regulations of the National Funds Management Act shall apply mutandis mutatis with respect to the procedure for collection of fines for negligence under Article 16 (5) of the Decree.

Supplementary Provisions (Enforcement Regulations of the Staff Regulation of the Ministry of Education, Science and Technology, and Institutions belonging to It)

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Articles 2 through 4: Omitted

Article 5 (Amendment of Other Act)

(1) through <59>: Omitted

<60> Part of the Enforcement Regulations of the Development and Management of Non-destructive Testing Technology Act shall be amended as follows: The term "the Minister of Science and Technology" in Articles 2 (1) 6, (2) and (3), and 7 (2) shall be respectively amended to "the Minister of Education, Science and Technology".

The term "the Ordinance of the Ministry of Science and Technology" in Articles 4 and 9 shall be respectively amended to "the Ordinance of the Ministry of Education, Science and Technology"

The section of the Ministry of Science and Technology in the back of the Attached Forms No.1 and No. 3 shall be amended as follows:

Ministry of Education, Science and Technology

The term "the Minister of Science and Technology" in the Instructions 1 at the front and the back of the Attached Form No. 2 shall be respectively amended to "the Minister of Education, Science and Technology".

<61> through <63>: Omitted