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ENFORCEMENT RULE OF THE PROFESSIONAL ENGINEERS ACT

ENFORCEMENT RULE OF THE PROFESSIONAL ENGINEERS ACT [Enforcement Date: Jan. 1, 2009] [Ordinance of the Ministry of Education, Science and Technology No. 24, Dec. 31, 2008, Other Laws and Regulations Amended] Ministry of Education, Science and Technology (Regulatory Reform Legal Division) Tel.: 02-2100-6158

Article 1 (Purpose)

The purpose of this Rule is to provide for such matters as delegated by the Professional Engineers Act and Enforcement Decree of the Professional Engineers Act, and those necessary for the enforcement thereof.

Article 2 (Issuance of International Professional Engineer Qualification Certificate) (1) Where a professional engineer intends to be recognized to have qualification for international professional engineer pursuant to Article 5-2 of the Professional Engineers Act (hereinafter referred to as the "Act"), he/she shall submit the application form, as shown in form 1 of the attached Table, for examination and registration of international professional engineers, attached by the following documents to the professional engineers association (hereinafter referred to as the "entrusted professional engineers association"), which is delegated with the authority of the Minister of Education, Science and Technology (hereinafter referred to as the "Minister") pursuant to Article 26 (3) of the Enforcement Decree of the Professional Engineers Act (hereinafter referred to as the "Decree").

1. One photocopy of certificate of professional engineer;

2. One copy of certificate of graduation of university or college, or certificate of registration of an academic degree;

3. A written verification of practical experience in form 2 of the attached Table and one copy of evidence documents attached thereto;

4. A written verification of career of responsible technician in form 3 of the attached Table, and one copy of evidence documents attached thereto; and

5. A written verification of completion of educational training in form 4 of the attached Table, and one copy of evidence documents attached thereto. (2) When the entrusted association has received the application form for the examination and registration of international professional engineers as prescribed in section (1), it shall issue a certificate of recognition of international professional engineer qualification in the form 5 as stated in the attached Table, after verifying the qualification of the applicant via the examination by the Special Examining Subcommittee as referred to in Article 10 of the Decree and deliberation by the Examining Committee as referred to in Article 9 of the Decree.

Article 3 (Justification of Causes Such as Sickness, etc.) (1) In the event that a professional engineer intends to justify causes such as sickness or any mental or physical disorder, etc. pursuant to Article 13 (1) of the Decree, he/she shall submit a statement of causes such as sickness, etc. in form 6 of the attached Table to the Minister, and the Minister shall examine such causes and issue a written verification of causes such as sickness, etc. in form 6 of the attached Table Article 4 (Standards for Recognition of Credit Units) The standards for recognition of credit units by the category of educational training under Article 13 (2) and the attached Table-2 of (1) of the Decree shall be as stated in the attached Table.

Article 5 (Requirements for Educational Institution) (1) Where the Minister intends to designate an educational institution pursuant to Article 14 (1) of the Decree, he/she may publicly invite educational institutions for an educational institution subject to designation.

(2) The term "requirements as prescribed by the Ordinance of the Ministry of Education, Science and Technology" refers to the following requirements:

1. The educational institution shall separately operate an educational program where not less than ten persons subject to the educational training are professional engineers, and also, not less than half of the persons subject to the educational training are professional engineers;

2. It shall secure at least one instructor who takes exclusive charge of the educational training;

3. It shall be equipped with a lecture room of which the floor area is at least fifty square meters; and

4. It shall meet the requirements determined by the Minister when publicly inviting medical institutions, in addition to the above.

(3) In the event that the Minister has designated an educational institution in accordance with Article 14 (1) of the Decree, he/she shall issue a statement of designation of the educational institution in form 8 of the attached Table. Article 6 (Procedures for Verification of Record of Educational Training) (1) Where a professional engineer has completed the educational training, he/she shall submit a written report on the record of educational training in form 9 of the attached Table, attached by one copy of each document attesting that he/she has completed such educational training to the entrusted professional engineers association. (2) The professional engineers association which has received the report on the record of educational training pursuant to section (1) shall issue a certificate of verification of completion of educational training in form 10 of the attached Table after verifying the record of educational training.

Article 7 (Report on Workplace, etc. of Professional Engineers) (1) Where a professional engineer intends to report on his/her workplaces, career, academic background, etc. pursuant to Article 5-4 (1) of the Act, he/she shall submit a written report of career of professional engineer in form 11 of the attached Table, attached by the following documents to the entrusted professional engineers association:

1. One photocopy of each national certificate of technical qualification;

2. One copy of certificate of graduation (limited to the applicable persons); and

3. One copy of documents which can attest the matters of career. (2) Where a professional engineer changes the workplaces, career, academic background, etc. reported in accordance with Article 5-4 (1) of the Act, he/she shall submit a written report on changes in career of professional engineer in form 12 of the attached Table, attached by a copy of documents attesting the changed matters to the entrusted professional engineers association.

(3) Where a professional engineer intends to be issued a certificate of career of professional engineer under Article 5-4 (2) of the Act, he/she shall file an application therefor by stating in writing personal information, reasons for issuance, etc., and the professional engineers association shall record and manage the contents of issuance of such certificates after issuing certificates of career of professional engineers in form 13 of the attached Table. Article 8 (Registration of Opening of Professional Engineer's Office) A person who intends to register the opening of a professional engineer's office in accordance with Article 18 (1) of the Decree shall submit a written application for registration of opening of professional engineer's office in form 14 of the attached Table, attached by the following documents, to the professional engineers association:

1. A photocopy of certificate of qualification of professional engineer;

2. One copy of documents attesting securing of office;

3. One copy of contractual terms and conditions in respect to the operation of joint professional engineers' office (limited to the case where a joint professional engineers' office is registered for opening); and

4. One copy of actual conditions of maintaining assistant technical manpower (limited to the case where a joint professional engineers' office is registered for opening). Article 9 (Register of Registration and Certificate of Registration) Article 10 (Books and Records)

(1) Books and records to be maintained in the professional engineer's office pursuant to Article 6-2 (2) of the Act shall be as follows:

1. Journal of performing duties of professional engineer;

2. Register of names of assistants of duties;

3. Register of supply and demand of designs and reports; and

4. Register of records of supervision on works. (2) The journal of performing duties of professional engineer referred to in section (1) 1 shall be in accordance with form 17; the register of names of assistants of duties referred to in section (1) 2 shall be in accordance with form 18; the register of supply and demand of designs and reports referred to in section (1) 3 shall be in accordance with form 19; and the register of records of supervision on works referred to in section (1) 4 shall be in accordance with form 20, of the attached Table.

Article 11 (Report on Changes, etc. in Registered Matters) A person who intends to make report on changes in the registered matters, fact of temporary closing or permanent closedown of a professional engineer's office shall submit a written report on changes in the registered matters (temporary closing or permanent closedown) of professional engineer's office in form 21 of the attached Table, attached by the following documents to the entrusted professional engineers association which registered the opening of such said professional engineer's office:

1. One copy of certificate of registration of opening professional engineer's office (attached only to the written report on permanent closedown); and

2. One copy of documents attesting the changed matters (attached only to the written report on the changes in the registered matters).

Article 12 (Report, etc. on Performance Records of Professional Engineer's Office) (1) Where a professional engineer who has registered the opening of a professional engineer's office pursuant to Article 6 (1) of the Act (hereinafter referred to as "professional engineer with an office registered") intends to report or modify the performance records performed by the said professional engineer's office pursuant to Article 11-2 (1) of the Act, he/she shall submit a summary table of performance records of the said professional engineer's office in form 22 of the attached Table and the statement of details of performance records of the said professional engineer's office in form 23 of the attached Table to the entrusted professional engineers association. (2) Where a professional engineer with an office registered intends to be issued a written verification of performance records of his/her professional engineer's office pursuant to Article 11-2 (2) of the Act, he/she shall file an application therefor by stating personal information, reasons for issuance, etc. in writing, and the professional engineers association shall record and manage the contents of issuance of such certificates after issuing written verifications of performance records of the professional engineer's offices in form 23 of the attached Table.

Article 13 (Application for Authorization for Changes in Articles of Association) Documents to be attached to the written application for authorization for changes in articles of association pursuant to Article 25 of the Decree shall be as follows:

1. One copy of new and old articles of associations;

2. Statement of reasons for changing the articles of association; and

3. A photocopy of minutes of general meeting for changing the articles of association. Article 14 (Procedures for Collecting Fines for Negligence) The Enforcement Rule of the Management of the National Funds shall apply mutatis mutandis to the procedures for collecting fines for negligence pursuant to Article 27 (5) of the Decree. In this case, the method and time period of raising objections shall be also stated in the written notice for demanding payment of fines for negligence. ADDENDA (Enforcement Rule of Organization of the Ministry of Education, Science and Technology and Its Affiliated Agencies)

Article 1 (Enforcement Date)

This Rule shall enter into effect on Jan. 1, 2009. Article 2 (Amendment of Other Laws and Regulations) (1) through (4) Omitted.

(5) Part of Enforcement Rule of the Professional Engineers Act shall be amended as follows:

The term "Minister of Science and Technology" in Article 3 and format-24 of the attached Table shall be changed to "Minister of Education, Science and Technology". (6) through (10) Omitted.


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