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

[Enforcement: May 26, 2008] [Presidential Decree No. 20789, May 21, 2008, Amendment of Other Act]

Ministry of Education, Science and Technology (Radiation Division) 02-2100- 6980~6984

Article 1 (Purpose)

The purpose of this Decree is to provide for the matters delegated by the Development and Management of Non-destructive Testing Technology Act and the matters necessary for the enforcement thereof.

Article 2 (Methods of Non-destructive Testing)

The term "techniques as provided by the Presidential Decree" in Article 2 of the Development and Management of Non-destructive Testing Technology Act (hereinafter referred to as the "Act") mean the following techniques:

1. Radiation non-destructive testing;

2. Ultrasonic non-destructive testing;

3. Magnetic non-destructive testing;

4. Osmotic non-destructive testing;

5. Eddy current non-destructive testing;

6. Leak non-destructive testing; and

7. Non-destructive testing falling under any one of the following items, which may be used in industry in connection with non-destructive testing: a. Acoustic emission non-destructive testing;

b. Non-destructive testing by naked eyes;

c. Non-destructive testing using infrared camera; d. Neutron non-destructive testing; and

e. Stress-measuring non-destructive testing.

Article 3 (Formulation of Plan for Development of Non-destructive Technology for Matters Concerned)

The Minister of Education, Science and Technology may, when he/she requests the heads of central administrative agencies concerned to submit a plan for the development of non-destructive technologies with respect to matters under their jurisdiction pursuant to Article 3 (3) of the Act, notify them of the following matters for their application therefor:

1. International development of non-destructive testing technologies and practical application by domestic industries;

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

3. Other information necessary for the formulation of the development plan for matters under their jurisdiction.

Article 4 (Organization of Non-destructive Testing Technology Committee) (1) The Deputy Minister of Education, Science and Technology shall be appointed as the chairperson of the non-destructive testing technology committee (hereinafter referred to as the "Technology Committee") and the following persons shall be appointed as members of the Technology Committee:

1. A public official of grade 3 or higher or the equivalent recommended by the head of the Ministry of Public Administration and Security, the Ministry of Knowledge and Economy, the Ministry of Labor, and the Ministry of Land, Transportation and Maritime Affairs; and

2. A person or persons who have profound knowledge and experience in non- destructive testing technology and are commissioned by the Minister of Education, Science and Technology.

(2) The term of office of the members shall be two years and the members may be reappointed.

Article 5 (Operation of Technology Committee)

(1) The chairperson shall convene the meeting of the Technology Committee and chair the meeting.

(2) The chairperson shall, in the event of intending to convene a meeting, notify the members of the date and time, and place of the meeting, bills referred to the meeting, etc. in writing at least three days prior to the commencement of the meeting. Provided, that in the case requiring urgency, he/she may notify the matters orally one day before the meeting.

(3) The Technology Committee shall start the deliberation of bills introduced by a majority presence of registered members and pass a resolution by a majority vote of members present.

(4) Members of the Technology Committee may be paid with allowances and travel expenses within the scope of the budget. Provided, that the same shall not apply in the case that a member who is a public official attends the Technology Committee in direct connection with his/her affairs.

(5) The Technology Committee shall appoint a chief secretary to administer the affairs of the Technology Committee and the chief secretary shall be appointed among the public officials of the Ministry of Education, Science and Technology by the chairperson.

(6) Other matters necessary for the operation of the Technology Committee shall be separately determined by the chairperson. Article 6 (Scope, etc. of Support for Fosterage of Non-destructive Testing Technology)

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

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

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

3. Research and development of technologies for non-destructive testing devices related with security and searching; and

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

(2) The provisions of Article 2-5 of the Enforcement Decree of the Engineering Technology Promotion Act shall apply mutatis mutandis with respect to the support for the application of accomplishments, such as development of equipment, under Article 5 of the Act.

(3) The scope of support for the fosterage of professional manpower under Article 5 of the Act shall be as follows:

1. Research and study on the estimated mid and long-term demand and supply of manpower pertaining to non-destructive testing technologies;

2. Development of interdisciplinary educational and training programs for non- destructive testing technologies;

3. Expansion of educational and training institutions for non-destructive testing technology manpower; and

4. Exchange of engineers with foreign countries pursuant to Article 7 (2) of the Act.

Article 7 (Mutual Certification of Technical Qualification) The Minister of Education, Science and Technology may promote the following matters in connection with mutual certification of technical qualification with foreign countries after consultation with the heads of the relevant central administrative agencies pursuant to Article 7 (2).

1. Formulation of a plan for the designation of mutual certification institutions and setting up of a mutual certification system:

2. Preparation of the basic necessities for mutual certification; and

3. Other matters incidental to mutual certification services. Article 8 (Time and Method for Survey of Actual Condition) (1) The Minister of Education, Science and Technology may survey the actual conditions of the following matters by means of statistical research, documentary research, field survey, etc. pursuant to Article 9 (1) of the Act:

1. Facts on the introduction of new technologies, new equipment and technological implementation related with non-destructive testing;

2. Trend of international standards and technology related with non-destructive testing; and

3. Other matters necessary for the development of the non-destructive testing industry;

(2) The survey of actual conditions under paragraph (1) shall be conducted every two years, but it may be conducted as occasion demands if necessary. Article 9 (Objects and Scope of Support to Relevant Business) (1) Objects of supports under Article 10 shall be a person falling any one of the following subparagraphs among persons that have registered under Article 11 of the Act:

1. A person who develops a new technology or technology that meets international standards to improve the safety of public facilities, etc., such as nuclear power generation facilities, gas facilities, heavy chemical facilities and multi-use facilities, among persons who have established a company research center under Article 7 (1) 2 of the Technology Development Promotion Act; or

2. A person who seeks to put the new technology or technology that meets international standards under paragraph (1) into actual practice. (2) The scope of support under Article 10 of the Act shall be as seen in the following subparagraphs. In this case, the provisions of Article 2-5 of the Engineering Technology Promotion Act shall apply mutatis mutandis with respect to the support under subparagraph 2 of the same article:

1. Support for expenses for research and development;

2. Support for the actual application of accomplishments of research and development; and

3. Support for other matters necessary for the development of non-destructive testing technologies.

Article 10 (Standard for Registration)

The standard for registration under Article 11 (1) of the Act, such as size of technical manpower, standard for equipment, etc., shall conform to Table 1. Provided, that another statute with different provisions different than Table 1 with respect to size of technical manpower and equipment for a person intending to perform non-destructive testing under the statute and the person intends to perform non-destructive testing only under the statute, the standards under the statute shall apply to the person in place of the standard for registration of Table 1.

Article 11 (Qualifications, etc. Equivalent to Technical Qualification) Any person falling under any of the following subparagraphs may conduct non- destructive testing pursuant to Article 13 (3) of the Act:

1. Any person who has obtained a technical qualification equivalent to qualification for non-destructive testing under Article 2 from an institution that has adopted the non-destructive testing standards of ISO (ISO 9712) in one of OECD member countries; and

2. Any person falling under any one of the following items for radiation non- destructive testing:

a. Any person who has obtained a general license for the operator of radioactive isotopes handling under Article 91 (2) 5 of the Atomic Energy Act or the license as a supervisor of radiation handling under Article 91 (2) 7 of the same Act; or b. Any person who has completed the training for workers engaged in radiation- related works under Article 105 of the Atomic Energy Act. Article 12 (Content of Testing Plan and Test Result) The testing plan and the test result under Article 13 (4) of the Act shall include the following matters:

1. Testing Plan: a. The article to be tested entrusted by the client under Article 13 (1) of the Act and testing quantities by testing methods;

b. Technical standards by the applicable statutes and evaluation standards by the Korean Industrial Standard under Article 12 of the Industrial Standardization Act; c. Technical qualification of the responsible official under Article 13 (2) of the Act and the testers under Article 13 (3) of the Act, and an explanation on operation, including a plan for applying the invested manpower and equipment; d. Testing procedure using non-destructive testing methods (including testing techniques):

e. Explanation on quality assurance plan; and

f. Safety control and other matters incidental to testing service;

2. Test Result: a. Comprehensive report of the test results;

b. Results and evidences for each testing procedure by testing methods; c. Performance results of the matters agreed with the client: and d. Reason for the alteration of matters concerned with quality assurance, if any. Article 13 (Categories of Training, etc.)

(1) Any tester shall complete the training of the following subparagraphs pursuant to Article 14 (2) of the Act:

1. Basic Training: Training on attainments required for a tester, and statute or system related with non-destructive testing;

2. Professional Training: Training aimed at the improvement of non-destructive testing skills;

3. Administrative Training: Training on planning, project management, quality assurance, etc. of non- destructive testing.

(2) Persons and time for each training category under paragraph (1) shall be in accordance with Table 2:

(3) Where any person who is to take the basic or professional training has completed training on non-destructive testing as prescribed by other statutes, the basic or professional training may be exempted or the time for such training under paragraph (2) may be reduced depending on the time invested to complete the training. (4) The procedure for application for exemption or reduction under paragraph (3) shall be prescribed by the Ordinance of the Ministry of Education, Science and Technology.

Article 14 (Objects and Standards for Installation of Safety Devices) (1) The objects to be ordered to install safety devices under Article 16 of the Act shall be the business place (including the plant: The same shall apply hereinafter) of the client who has continued to use radiation non-destructive testing for more than five years and falls any one of the following subparagraphs:

1. A client that exceeds the standard for the small and medium business under Article 3 of the Framework Act of Small and Medium Enterprises; or

2. A client that has more than 300 regular workers as defined in Article 5 of the Framework Act of Small and Medium Enterprises.

(2) The standards for the installation of safety devices under Article 16 of the Act shall be as follows:

1. Exclusive utilization facilities under Article 16 (1) 1 of the Act: It shall be a regular fixed structure suitable to the dose limit as defined in Article 2 (5) of the Enforcement Decree of the Atomic Energy Act; and

2. Facilities or covers to shield under Article 16 (1) 2 of the Act: It shall be a provisional, simplified facility that has a protective capability against radioactivity, including a screen temporary installed within the business place for a fixed period.

Article 15 (Entrustment of Affairs)

The Minister of Education, Science and Technology shall entrust the affairs of the following subparagraphs to the Non-destructive Testing Association under Article 18 of the Act pursuant to Article 22 of the Act:

1. Construction and maintenance of the information management system under Article 8 (1) of the Act;

2. Survey of actual conditions under Article 9 (1) of the Act;

3. Reception of the application for registration, and registration of alteration under Article 11(1) of the Act;

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

5. Reception of the report on personal information, technical qualification and place of employment of the testers, maintenance of records and issuance of the career experience certificate under Article 15 of the Act; Article 16 (Procedure for Imposition and Collection of Fine for Negligence) (1) The Minister of Education, Science and Technology shall, when he/she imposes a fine for negligence under Article 27 (2) of the Act, give the person subject to such fine a notice for payment by explicating in writing of the offense, amount of the fine, and method of and time limit to make a formal objection.

(2) The Minister of Education, Science and Technology shall, in the event of seeking to impose a fine for negligence under paragraph (1), give an opportunity to state opinion, orally or in writing, for a fixed period exceeding ten days. In this case, if no opinion is stated by the designated time limit, it shall be considered that there is no opinion to state.

(3) The amount of the fine for negligence by categories of offense under Article 27 (2) of the Act shall be in accordance to Table 3. (4) The Minister of Education, Science and Technology may raise or reduce the amount for a fine within the scope of a half of the amount under paragraph (3) taking into consideration the motive and consequence of the offense. In the case that he/she raises the fine, the sum of the fine shall not exceed the amount stated under Article 27 (1) of the Act.

(5) The procedure for collecting a fine shall be prescribed by the Ordinance of the Ministry of Education, Science and Technology. Supplementary Provisions (Enforcement Decree of the Industrial Standardization Act)

Article 1 (Enforcement Date)

This Decree shall enter into force on May 26, 2008. Articles 2 through 4: Omitted

Article 5 (Amendment of Other Act)

(1) through (9): Omitted

(10) Part of the Enforcement Decree of the Development and Management of Non-destructive Testing Technology shall be amended as follows: The term "Korean Industrial Standards under Article 10 of the Industrial Standardization Act" in subparagraph 1 a of Article 12 shall be amended to "Korean Industrial Standards under Article 12 of the Industrial Standardization Act". (11) through <22>: Omitted

Article 6: Omitted