ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION AND MANAGEMENT OF NON-DESTRUCTIVE TESTING TECHNOLOGY

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters delegated by the Act on the Promotion and Management of Non-Destructive Testing Technology and matters necessary for the enforcement thereof.

Article 2(Methods of non-destructive testing) #

"Technical acts prescribed by Presidential Decree" in Article 2 of the Act on the Promotion and Management of Non-Destructive Testing Technology (hereinafter referred to as the "Act") means the following acts:

1. Radiation non-destructive testing;

2. Ultrasonic non-destructive testing;

3. Magnetic non-destructive testing;

4. Penetrant non-destructive testing;

5. Eddy current non-destructive testing;

6. Leak non-destructive testing;

7. The following non-destructive testing methods which may be used in industries related to non-destructive testing:

(a) Acoustic emission non-destructive testing;

(b) Non-destructive testing by naked eyes;

(d) Neutron non-destructive testing;

(e) Stress(stain)-measuring non-destructive testing.

Article 3(Formulation of promotion plans for non-destructive testing technology by subject matter concerned) #

When the Minister of Science and ICT requests the heads of relevant central administrative agencies to submit plans for the promotion of non-destructive testing technologies by their subject matter under Article 3 (3) of the Act, he or she may notify them of the following matters for their utilization: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>

(3) Where any person who is subject to basic or specialized training has completed training on non-destructive testing prescribed by any other Act and subordinate statute, the basic or specialized training may be exempted or the hours of training under paragraph (2) may be reduced, depending on the hours of training he or she has completed.

2. Information on standards for non-destructive testing technologies to enhance the safety of articles being tested;

3. Other information necessary for the formulation of plans for the promotion of non-destructive testing technologies by subject matter.

Article 4 #

Deleted. <Nov. 19, 2014>

Article 5 #

Deleted. <Dec. 23, 2014>

Article 6(Scope of support for developing non-destructive testing technology) #

(1) The scope of support for the promotion of non-destructive testing technologies under Article 5 of the Act shall be as follows:

1. Development and introduction of non-destructive testing technologies, and improvement of the introduced technologies;

2. Research and development of technologies for the improvement of quality of non-destructive testing equipment, products, etc. and the safety thereof;

3. Research and development of technologies for non-destructive testing devices related to security, probing, etc.;

4. Research and development of technologies for testing, evaluation and inspection of precision and reliability of materials and components related to the industries of aviation, aerospace, etc.

(2) Article 18 of the Enforcement Decree of the Engineering Industry Promotion Act shall apply mutatis mutandis, with respect to the support for the practical application of the outcomes, including development of equipment, under Article 5 of the Act. <Amended on Jan. 17, 2011>

(3) The scope of support for the training of experts under Article 5 of the Act shall be as follows:

1. Survey and research on the prospect of mid- and long-term demand for and supply of human resources related to non-destructive testing technologies;

2. Development of interdisciplinary educational and training programs in the field of non-destructive testing technologies;

3. Expansion of educational and training institutions for human resources related to non-destructive testing technologies;

4. Mutual exchange of engineers with foreign countries under Article 7 (2) of the Act.

Article 7(Mutual accreditation of technical qualifications) #

The Minister of Science and ICT may implement the following affairs concerning the mutual accreditation of technical qualifications with foreign countries after consultations with the heads of the relevant central administrative agencies under Article 7 (2) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>

1. Designation of mutual accreditation institutions and formulation of plans for establishing a mutual accreditation system;

2. Establishment of foundation for mutual accreditation;

3. Other affairs incidental to mutual accreditation services.

Article 8(Timing and method of investigations on actual state) #

(1) The Minister of Science and ICT may investigate the actual state of the following matters by means of statistical research, documentary research, field survey, etc. under Article 9 (1) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>

1. Present status of new technologies, new model equipment, introduction of technologies, etc. related to non-destructive testing;

2. Trends of international standards and technologies related to non-destructive testing;

3. Other matters necessary for the promotion of non-destructive testing business.

(2) An investigation on actual state under paragraph (1) shall be conducted every two years, but it may be conducted at any time when necessary.

Article 9(Eligibility and scope of support for business entities) #

(1) Any person registered under Article 11 of the Act, falling under any of the following, shall be eligible for support under Article 10 of the Act: <Amended on Jun. 24, 2011; Sep. 22, 2016>

1. A person who develops a new technology or technology that meets international standards to enhance the safety of public facilities, etc., such as nuclear power generation facilities, gas facilities, heavy chemical facilities and public-use facilities, from among persons who have established company-affiliated research centers recognized under Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act;

2. A person who intends to practically apply a new technology or technology that meets international standards referred to in subparagraph 1.

(2) The scope of support under Article 10 of the Act shall be as follows. In such cases, Article 18 of the Engineering Industry Promotion Act shall apply mutatis mutandis with respect to the support under subparagraph 2: <Amended on Jan. 17, 2011>

1. Support for research and development expenses;

2. Support for the practical application of research and development outcomes;

3. Other support necessary for the development of non-destructive testing technologies.

Article 10(Registration standards) #

Registration standards under Article 11 (1) of the Act, including the scale of technical human resources, standards for equipment, etc., shall be as prescribed in Appendix 1; provided, where any standards different from those prescribed in Appendix 1 are prescribed in any other Act and subordinate statute with respect to the scale of technical human resources, equipment, etc., the standards prescribed by such Act and subordinate statute shall apply to a person who intends to conduct only the non-destructive testing prescribed in such Act and subordinate statute, in lieu of the registration standards prescribed in Appendix 1.

Article 11(Qualifications equivalent to technical qualifications) #

Any of the following persons may conduct non-destructive testing under Article 13 (3) of the Act: <Amended on Oct. 25, 2011>

1. A person who has obtained technical qualifications of the same item as qualifications for non-destructive testing under Article 2 from an institution that has adopted standards of the International Organization for Standardization (ISO) related to non-destructive testing (ISO 9712) in one of the Organization for Economic Cooperation and Development (OECD) member countries;

2. In cases of radiation non-destructive testing, any of the following persons:

(a) A person who has obtained a license for a radioisotope handler under Article 84 (2) 5 of the Nuclear Safety Act or a license for a senior radiation handler under Article 84 (2) 7 of the same Act;

(b) A person who has completed educational training for radiation workers under Article 106 of the Nuclear Safety Act.

Article 12(Details of testing plans and test reports) #

Matters to be included in the details of a testing plan and a test report under Article 13 (4) of the Act shall be as follows: <Amended on May 21, 2008>

1. Testing Plans:

(a) The articles subject to a test requested by a client under Article 13 (1) of the Act (hereinafter referred to as "client") and testing quantities by testing method;

(b) Technical standards under the relevant Act and subordinate statutes to be applied, and evaluation standards of the Korean Industrial Standards under Article 12 of the Industrial Standardization Act;

(c) Technical qualifications of a responsible manager under Article 13 (2) of the Act (hereinafter referred to as "responsible manager") and examiners under Article 13 (3) of the Act (hereinafter referred to as "examiners"), and an explanation on operation of the invested human resources and equipment including a utilization plan thereof;

(d) Testing procedures by non-destructive testing method (including testing techniques, etc.);

(e) An explanation on quality assurance plans;

(f) Safety control and other matters necessary for the performance of testing duties;

2. Test reports:

(a) Comprehensive reports on test results;

(b) Results of testing by testing method, and evidentiary materials related thereto;

(d) Where details of quality assurance are changed, the reason therefor.

Article 13(Classification of training) #

(1) Examiners shall undergo the following training under Article 14 (2) of the Act:

1. Basic training

Training on knowledge required for an examiner, and the Acts and subordinate statutes, systems, etc. related to non-destructive testing;

2. Specialized training

Training for the improvement of specialized non-destructive testing skills;

3. Administrative training

Training on the planning, project management, quality assurance, etc. of non-destructive testing.

(2) Persons subject to training and hours of training for each category under paragraph (1) shall be as prescribed in Appendix 2.

(4) Procedures for application for the exemption or reduction under paragraph (3) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>

Article 14 #

Deleted. <Dec. 23, 2014>

Article 15(Entrustment of duties) #

The Minister of Science and ICT shall, under Article 22 of the Act, entrust the following duties to the Non-Destructive Testing Association under Article 18 of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 26, 2017>

1. Establishment and management of an information management system under Article 8 (1) of the Act;

2. Investigation of actual state under Article 9 (1) of the Act;

3. Receipt of applications for registration, and modification of registration under Article 11 (1) of the Act;

4. Training for examiners under Article 14 (2) of the Act;

5. Receipt of reports on personal information, technical qualifications and places of employment of examiners, maintenance of records, and issuance of career certificates, under Article 15 of the Act.

Article 15-2(Review of regulation) #

The Minister of Science and ICT shall review the appropriateness of the training programs provided to examiners under Article 13 and attached Appendix 2 every three years, counting from January 1, 2015 (referring to the period that ends on the day before January 1 of every third year) and shall take necessary measures, such as making improvements. <Amended on Jul. 26, 2017>

[This Article Wholly Amended on Dec. 30, 2016]

Article 16(Criteria for imposing administrative fines) #

(1) The criteria for imposing administrative fines for various violations under Article 27 (1) of the Act shall be as specified in Appendix 3.

(2) The Minister of Science and ICT may increase or decrease the amount of an administrative fine by up to half of the amount referred to in paragraph (1), taking into consideration the motive and consequence of the violation; and where he or she increases the amount of the administrative fine, the total amount thereof shall not exceed the maximum amount of administrative fines prescribed in Article 27 (1) of the Act. <Amended on Jul. 26, 2017>

[This Article Wholly Amended on Jun. 13, 2017]