Enforcement Decree Of The Engineering Technology Promotion Act

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to prescribe matters delegated by the Engineering Industry Promotion Act and matters necessary for the enforcement thereof.
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 Article 2 (Definitions)   print
The term "other activities prescribed by Presidential Decree" in subparagraph 1 (c) of Article 2 of the Engineering Industry Promotion Act (hereinafter referred to as the "Act") shall mean any of the following activities concerning business and facilities by applying scientific and technological knowledge:
1. Estimate;
2. Review of economic feasibility and functionality of design;
3. Analysis and management of systems.
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 Article 3 (Engineering Technology)   print
Engineering technology under subparagraph 5 of Article 2 of the Act shall be listed in attached Table1.
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 Article 4 (Engineers)   print
Engineers under subparagraph 6 of Article 2 of the Act are as listed in attached Table2.
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 Article 5 (Ordering Authority)   print
The term "any other person prescribed by Presidential Decree, such as a local corporation or local authority under the Local Public Enterprises Act" in subparagraph 7 (e) of Article 2 of the Act shall mean any of the following persons:
1. A local corporation or local authority under the Local Public Enterprises Act;
2. An institution contributed to by the State or local governments;
3. A concessionaire of a project delegated by the State, local governments or public enterprises or quasi-government agencies (hereinafter referred to as "public institutions, etc.") under Article 5 (3) 1 and 2 of the Act on the Management of Public Institutions;
4. A concessionaire of facilities to be managed by the State, local governments, public institutions, etc. under relevant Acts and subordinate statutes.
CHAPTER II PROMOTION AND ESTABLISHMENT OF FOUNDATIONS OF ENGINEERING INDUSTRY
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 Article 6 (Formulation and Implementation of Basic Plans for Promotion of Engineering Industry)   print
Where formulating or revising the basic plans for promotion of the engineering industry under Article 5 (1) of the Act, the Minister of Knowledge Economy shall publicly announce such fact in an official Gazette or notify the heads of the relevant central administrative agencies thereof.
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 Article 7 (Formulation and Implementation of Implementation Plans for Promotion of Engineering Industry)   print
(1) The Minister of Knowledge Economy shall formulate the implementation plans for promotion of the engineering industry (hereinafter referred to as "implementation plans") under Article 5 (3) of the Act by not later than January 31 of every year and confirm the implementations plans through the consultation with the heads of the relevant central administrative agencies and the deliberation of the Policy Deliberative Committee of the Engineering Industry under Article 6 of the Act (hereinafter referred to as the "Committee").
(2) The implementation plans shall include any of the following matters:
1. Actual results of promotion of the implementation plans for the previous year;
2. Direction for promoting the engineering industry for the relevant year;
3. Promotion plan and investment plan per major business;
4. Other necessary matters for promotion of the engineering industry.
(3) Where intending to revise the matters falling under paragraph (2) 2 and 3 of the implementation plans established under paragraph (1), the Minister of Knowledge Economy shall go through the consultation with the heads of the relevant central administrative agencies and the deliberation of the Committee.
(4) Where confirming or revising the implementation plans pursuant to paragraph (1) or (3), the Minister of Knowledge Economy shall notify the heads of the relevant central administrative agencies of such fact.
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 Article 8 (Requests for Submission of Data)   print
Where the Minister of Knowledge Economy requests the heads of the related central administrative agencies, local governments, related organizations or institutions to submit data under Article 5 (4) of the Act, he/she shall notify them of the following matters in writing within 15 days prior to the deadline for submission:
1. Reason for requesting submission;
2. Deadline for submission;
3. Data to be submitted;
4. Method and form of submission;
5. Method for utilizing submitted data.
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 Article 9 (Members and Term of Office of Committee)   print
(1) The term "Vice-Minister of the related central administrative agency determined by Presidential Decree" in Article 6 (3) 1 of the Act shall be as follows;
1. Vice-Minister I of the Ministry of Strategy and Finance;
2. Vice-Minister II of the Ministry of Education, Science and Technology;
3. Vice-Minister II of the Ministry of Public Administration and Security;
4. Vice-Minister I of the Ministry of Knowledge Economy;
5. Vice-Minister of the Ministry of Environment;
6. Vice-Minister of the Ministry of Labor and Employment;
7. Vice-Minister I of the Ministry of Land, Transport and Maritime Affairs;
8. Public officials holding a rank equivalent to Vice-Minister of the Korea Communications Commission.
(2) The term of office of members commissioned under Article 6 (3) 2 of the Act shall be two years.
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 Article 10 (Meetings of Committee)   print
(1) Meetings of the Committee shall be convened by the chairperson of the Committee (hereinafter referred to as "chairperson").
(2) Meetings of the Committee shall require the attendance of a majority of all the incumbent members and resolved by the consent of a majority of those present.
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 Article 11 (Composition, etc. of Meetings of Working Committee)   print
(1) A working committee under Article 6 (5) of the Act (hereinafter referred to as "working committee") shall be comprised of not more than 20 members, including one chairperson:
(2) The chairperson of a working committee shall be a person appointed by the Minister of Knowledge Economy from among public officials in general service belonging to senior civil service of the Ministry of Knowledge Economy and the members of a working committee shall be a person falling under any of the following subparagraphs:
1. A person nominated by the head of the relevant agency from among public officials in senior civil service of the following central administrative agencies, public officials of Grade III or holding a rank equivalent to Grade III;
(a) The Ministry of Strategy and Finance;
(b) The Ministry of Education, Science and Technology;
(c) The Ministry of Public Administration and Security;
(d) The Ministry of Knowledge Economy;
(e) The Ministry of Environment;
(f) The Ministry of Labor and Employment;
(g) The Ministry of Land, Transport and Maritime Affairs;
(h) The Korea Communications Commission;
(i) The Public Procurement Service;
(j) The Small and Medium Business Administration;
2. A person nominated by the Administrator of the National Emergency Management Agency as deputy fire marshal of the National Emergency Management Agency;
3. A person commissioned by the Minister of Knowledge Economy from among those recommended by the heads of organizations or agencies related to the engineering industry.
(3) A working committee shall deliberate on the following matters:
1. Matters that require a prior review by a working committee before the Committee deliberates;
2. Other matters that the chairperson requests a working committee to deliberate on.
(4) Where the chairperson cannot perform his/her duties due to extenuating circumstances, a member belonging to the Ministry of Knowledge Economy who is a public official shall act on behalf of the chairperson.
(5) A working committee shall have one secretary to deal with its affairs, who shall be nominated by the chairperson of a working committee from among the public officials belonging to the Ministry of Knowledge Economy.
(6) Subcommittees may be established per professional field where it is necessary to efficiently perform the duties of a working committee.
(7) Articles 9 (2) and 10 shall apply mutatis mutandis to the matters concerning the term of office of the members and operation of a working committee.
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 Article 12 (Allowance, etc.)   print
Any allowances and travel expenses may be paid and reimbursed to the members, etc. of the Committee and a working committee within budgetary limits: Provided, That the same shall not apply where the members who are public officials attend the Committee in direct relation to the duties under their control
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 Article 13 (Detailed Rules of Operation)   print
The chairperson shall decide upon any necessary matters, other than those provided for in this Decree, concerning the operation of the Committee and a working committee through the resolution of the Committee.
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 Article 14 (Investigation of Actual Conditions, etc.)   print
(1) The Minister of Knowledge Economy may investigate the following matters each year under Article 7 (1) of the Act:
1. Actual status of engineering business operators and their technical human resources;
2. Actual results of orders for and sale of engineering;
3. Management status of engineering business operators;
4. Status of wages of engineering business operators;
5. Other necessary matters for promotion of the engineering industry.
(2) Where it is necessary for the establishment of the policy on promotion of the engineering industry, the Minister of Knowledge Economy may investigate from time to time the actual status of development of engineering technology and training and education of professional human resources for engineering.
(3) Where investigating the actual conditions under paragraphs (1) and (2), the Minister of Knowledge Economy shall first inform the persons subject to the investigation of the investigation plan including the following matters:
1. Date and time of investigation;
2. Purpose of investigation;
3. Contents of investigation;
4. Other necessary matters for the investigation of actual conditions.
(4) Where the Minister of Knowledge Economy has investigated the actual conditions under paragraphs (1) through (3), he/she shall immediately give public notice of the outcomes thereof.
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 Article 15 (Establishment and Operation of Information Systems for Engineering Industry)   print
(1) The Minister of Knowledge Economy may perform the following duties in order to promote the efficient establishment and utilization of information systems for the engineering industry (hereinafter referred to as "information systems") under Article 8 (1) of the Act:
1. Research and development concerning the composition and operation of information systems and technology support;
2. Performance of a joint project for establishment of information systems;
3. Standardization and sophistication of information systems;
4. Promotion of joint utilization of information using information systems;
5. Other necessary matters concerning promotion, etc. of establishment and utilization of information systems.
(2) The Minister of Knowledge Economy shall, where establishing information systems, actively utilize investigation data, statistics, etc. collected and owned by other administrative agencies or organizations.
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 Article 16 (Support for Research, etc. of Engineering Technology)   print
(1) Where performing the following projects, the heads of central administrative agencies may investigate the demand for new engineering technology and provide support for research, development and diffusion of engineering technology pursuant to Article 9 of the Act:
1. National research and development projects under Article 11 of the Framework Act on Science and Technology;
2. Specific research and development projects under Article 7 of the Technology Development Promotion Act;
3. Nuclear energy research and development projects under Article 9-2 of the Atomic Energy Act;
4. Industrial technology innovation projects under subparagraph 7 of Article 2 of the Industrial Technology Innovation Promotion Act;
5. Projects for research, development and technological assessment of new and renewable energy under subparagraph 2 of Article 10 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;
6. Environmental technology development projects under Article 5 of the Development of and Support for Environmental Technology Act;
7. Other projects determined by the Minister of Knowledge Economy as technology development projects by government's finance through the consultation with the heads of the relevant central administrative agencies.
(2) With respect to the institutions, etc. that perform the joint research of engineering technology under Article 9 (3) of the Act, the Minister of Knowledge Economy may allow them to preferentially take up occupancy of facilities to promote the engineering industry (hereinafter referred to as "promotional facilities") under Article 19 of the Act.
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 Article 17 (Pilot Projects for Use and Diffusion of Engineering Technology)   print
The pilot projects under Article 9 (4) of the Act shall meet all of the following standards:
1. Use and diffusion of engineering technology must be necessary;
2. Financing plans for pilot projects must be appropriate and feasible.
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 Article 18 (Promotion of Commercialization of Engineering Technology)   print
(1) Details of supporting commercialization of engineering technology under Article 10 (2) of the Act shall be as follows:
1. Subsidization of necessary expenses incurred in obtaining domestic or foreign quality certification;
2. Subsidization of necessary expenses incurred in research facilities or equipment;
3. Technical guidance;
4. Arranging or provision of foreign technology information and gratuitous provision of technical information;
5. Other necessary support for promotion of commercialization of engineering technology.
(2) Where the heads of central administrative agencies provide support under paragraph (1), they may preferentially provide support from the funds falling under any of the following subparagraphs and require such priority support from the heads of central administrative agencies having control of the relevant fund:
1. Fund for science and technology promotion under Article 22 of the Framework Act on Science and Technology;
2. Fund for promotion of a specific research and development project under Article 7 of the Technology Development Promotion Act;
3. Fund for technological assistance under Article 7 of the Industrial Technology Innovation Promotion Act;
4. Fund for establishment and promotion of small and medium enterprises under Article 63 of the Small and Medium Enterprises Promotion Act;
5. Fund for promotion of information and communications under Article 41 of the Information and Communications Technology Industry Promotion Act;
6. Fund for technology development of the Korea Development Bank under the Korea Development Bank Act;
7. Fund for small and medium enterprises of the Industrial Bank of Korea under the Industrial Bank of Korea Act;
8. Fund for new technology project of the specialized credit finance business company registered as new technology project financing company under Article 3 of the Specialized Credit Finance Business Act;
9. Technology credit guarantee of the Korea Technology Credit Guarantee Fund under the Korea Technology Credit Guarantee Fund Act;
10. Subsidies for encouragement of inventions under Article 4 of the Invention Promotion Act;
11. Other special fund established by the Government for support of technical development.
(3) Necessary matters concerning procedures for supporting commercialization of engineering technology under paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
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 Article 19 (Designation of Specialized Agencies for Promotion of Standardization of Engineering Technology)   print
(1) Any person who intends to be designated as a specialized agency or organization under Article 11 (3) of the Act (hereinafter referred to as "specialized agencies, etc.")shall apply for such designation to the Minister of Knowledge Economy as prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) The requirements for specialized agencies, etc. shall be as follows:
1. They must be non-profit corporations or agencies;
2. They must be equipped with exclusive human resources, organizational structure and system for business operation.
(3) The Minister of Knowledge Economy shall, where designating the specialized agencies, etc., publicly announce the details of such designation.
(4) Details of the requirements for designation under paragraph (2) 2 shall be prescribed and publicly announced by the Minister of Knowledge Economy.
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 Article 20 (Support for Specialized Agencies, etc.)   print
The Minister of Knowledge Economy may provide any of the following support to the specialized agencies, etc. under Article 11 (3) of the Act:
1. Subsidization of necessary expenses incurred for operation, etc. of the specialized agencies, etc.;
2. Subsidization of necessary expenses incurred for establishment and operation of a joint research facility for the research of standardization;
3. Other subsidization of necessary expenses for research of standardization.
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 Article 21 (Designation, etc. of Engineering Technology Support Center)   print
(1) The Minister of Knowledge Economy shall designate any of the following institutes or agencies as engineering technology support centers (hereinafter referred to as "support center") under Article 12 (1) of the Act:
1. Research institutes falling under any of the following items:
(a) National or public research institutes;
(b) Specific research institutes under the Support of Specific Research Institutes Act;
(c) Government-funded science and technology research institutions under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions;
2. Specialized agencies falling under either of the following items:
(a) The Association established under Article 33 of the Act (hereinafter referred to as the "Association");
(b) Specialized non-profit corporations or agencies in the engineering field established by the Civil Act or other Acts.
(2) Any institute or agency that intends to be designated as a support center shall have not less than five exclusive human resources falling under any of the following subparagraphs:
1. A person who has obtained a doctor's degree or higher in science and technology fields;
2. A person who has obtained a master's degree or higher in science and technology fields and has worked for not less than six years as researcher or full-time lecturer or higher position in the research institutes or colleges under Article 2 of the Higher Education Act;
3. A person with a bachelor's degree or higher in science and technology fields and is an advanced technician or is in higher position in attached Table 2;
4. A person who has obtained a bachelor's degree or higher and has worked for not less than nine years with respect to engineering technology in the engineering industry-related corporation or agency.
(3) Necessary matters concerning the procedures for designation of the support center under Article 12 (1) of the Act shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
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 Article 22 (Corrective Orders, etc. against Support Center)   print
(1) Where the support center fails to meet the requirements under Article 21 (2), the Minister of Knowledge Economy may issue a corrective order within a prescribed period up to three months.
(2) Where the support center falls under any of the following subparagraphs under Article 12 (4) of the Act, the Minister of Knowledge Economy may cancel the designation thereof:Provided, That the Minister of Knowledge Economy shall cancel the designation in any of the following cases:
1. Where the support center is designated by fraud or other wrongful means;
2. Where the support center fails to perform business under Article 12 (2) of the Act for not less than one year continuously without any justifiable ground;
3. Where the support center fails to perform a corrective order issued under paragraph (1).
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 Article 23 (Designation of Agencies to Foster Professional Human Resources for Engineering)   print
(1) The requirements for agencies to foster professional human resources(hereinafter referred to as "agencies to foster human resources for engineering") under Article 13 (2) of the Act in order to foster professional human resources for engineering(hereinafter referred to as "professional human resources for engineering") under Article 13 (1) of the Act shall be as follows:
1. Educational facilities and specialized professionals must be suitable;
2. The agencies to foster human resources for engineering must hold necessary equipment for education;
3. Plan for utilization of support fund must be appropriate;
4. Curriculum and details must be appropriate.
(2) Any person who intends to be designated as the agency to foster professional human resources under Article 13 (2) of the Act shall apply for such designation to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(3) Where the Minister of Knowledge Economy intends to designate a person as the agency to foster professional human resources, he/she shall consult with the heads of relevant central administrative agencies and where he/she has made such designation, he/she shall publicly announce the details thereof.
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 Article 24 (Targets and Types of Education and Training for Fostering Professional Human Resources for Engineering)   print
(1) The targets and types of education for fostering professional human resources for engineering under Article 13 (3) of the Act shall be as follows:
1. Targets of education and training: Engineer (including a person who intends to report under Article 21 of the Act);
2. Types of education and training;
(a) Basic education and training: Education and training for basic understanding and knowledge of the Acts and subordinate statutes or systems related to engineering;
(b) Professional education and training: Education and training for improvement of professional technological capability per engineering technology field.
(2) Necessary matters concerning the period and courses of education and training for fostering professional human resources for engineering under paragraph (1) shall be prescribed and publicly announced by the Minister of Knowledge Economy.
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 Article 25 (Establishment of Policies for Promotion of Employment)   print
(1) The policies under Article 14 (1) of the Act shall include any of the following:
1. Matters on the actual status of employment of professional human resources for engineering by engineering business operators;
2. Matters on improvement of employment structure of professional human resources for engineering;
3. Matters on vocational ability development and improvement such as fosterage of professional human resources for engineering;
4. Other necessary matters concerning promotion of employment of professional human resources for engineering.
(2) The heads of central administrative agencies may partially subsidize necessary expenses to engineering business operators who hire professional human resources for engineering according to the policy for employment promotion under Article 14 (1) of the Act.
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 Article 26 (Support for Promotion of Sophistication of Structure of Engineering Industry)   print
Where it is necessary to promote sophistication of structure of the engineering industry under Article 15 (1) of the Act, the heads of central administrative agencies may render administrative and financial support with respect to the installment of industrial equipment or facilities, development of resources, advancement into overseas market, etc.
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 Article 27 (Policies for Support of International Cooperation and Overseas Advancement)   print
(1) The heads of central administrative agencies may support any of the following projects in order to promote the international cooperation and overseas advancement of the engineering industry under Article 16 of the Act:
1. Collection of information relating to the engineering industry due to overseas advancement;
2. Support of funds for advancement into overseas markets and securing professional human resources for engineering;
3. Provision of chances for sharing information and cooperating with the enterprises that advance into overseas markets and the agencies;
4. Holding of international seminars with respect to international trends relating to engineering and support for participation therein;
5. Other projects deemed necessary to secure the international competitiveness of the engineering industry.
(2) The heads of central administrative agencies may request the heads of the relevant administrative agencies to provide necessary support for engineering business operators to advance into overseas markets, with respect to financial activity such as export guarantee.
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 Article 28 (Consultations for Registration of Engineering Collective Investment Scheme)   print
The Financial Services Commission shall request a consultation with the Minister of Knowledge Economy within seven days from the date of receipt of application for registration of a collective investment scheme under Article 17 (1) of the Act.
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 Article 29 (Methods of Managing Assets)   print
The term "engineering business operators prescribed by Presidential Decree" in Article 18 (1) 1 of the Act shall mean any of the following engineering business operators at the time of managing the assets of an engineering collective investment scheme (hereinafter referred to as "engineering collective investment scheme") under Article 17 (1) of the Act:
1. Engineering business operators who intend to commercialize the development outcomes of engineering technology under Article 10 (2) of the Act;
2. Engineering business operators who have received support for overseas advancement under Article 27 (1);
3. Engineering business operators who have taken up occupancy of the promotional facilities.
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 Article 30 (Designation, etc. as Promotional Facilities)   print
(1) A person who intends to obtain designation as promotional facilities under Article 19 (2) of the Act shall apply for such designation to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) The requirements for the designation as promotional facilities shall be as follows:
1. At least five engineering business operators (ten in the case of the Seoul Special Metropolitan City) must take up occupancy thereof;
2. Number of small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises from among the engineering business operators who take up occupancy thereof must be not less than 30/100;
3. The area occupied by the engineering business operators and their support facilities must be not less than 50/100 of the total area of the promotional facilities;
4. Joint-use facilities necessary for engineering activities such as joint-use meeting rooms and joint-use equipment rooms must be installed.
(3) Where the Minister of Knowledge Economy has designated the promotional facilities, he/she shall publicly announce such designation.
(4) Necessary matters concerning designation, management, etc. of promotional facilities, other than those provided for in this Decree, shall be prescribed and publicly announced by the Minister of Knowledge Economy.
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 Article 31 (Support for Promotional Facilities)   print
The Minister of Knowledge Economy may render any of the following support to promotional facilities for smooth creation and fostering of promotional facilities:
1. Subsidization of necessary funds for creation, fostering and operation of promotional facilities;
2. Installation and operation of joint-support facilities necessary for engineering activities;
3. Other necessary support for creation, fosterage and operation of promotional facilities.
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 Article 32 (Cancellation of Designation as Promotional Facilities)   print
Where the Minister of Knowledge Economy intends to cancel designation of promotional facilities under Article 20 of the Act, he/she shall first listen to details of the opinions of the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor or the Governor of a Special Self-Governing Province and shall, where he/she has cancelled such designation, publicly announce the fact.
CHAPTER III REPORTING, ETC. BY ENGINEERING BUSINESS OPERATOR
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 Article 33 (Reporting, etc. by Engineering Business Operator)   print
(1) Requirements for reporting by engineer business operator under the former part of Article 21 (1) of the Act are listed in attached Table3.
(2) The term "any important matter prescribed by Presidential Decree" in Article 21 (2) of the Act shall mean any of the following:
1. Trade name or name;
2. Location of business office;
3. Representative;
4. Type of engineering project;
5. Professional fields of engineering project;
6. Technical human resources reported under the former part of Article 21 (1) of the Act.
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 Article 34 (Maintenance and Management of Reported Matters, etc.)   print
The Minister of Knowledge Economy shall maintain and manage any of the following matters:
1. Actual results of education and training of engineers under Article 13 (2) of the Act;
2. Matters reported by engineering business operators under Article 21 (1) of the Act;
3. Matters reported under Articles 21 (2) and 23 (2) of the Act;
4. Matters reported on engineers under Article 26 (1) of the Act;
5. Other matters prescribed by Ordinance of the Ministry of Knowledge Economy.
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 Article 35 (Disposition to Invalidate Report by Engineering Business Operator, etc.)   print
(1) Standards for making a disposition to invalidate a report by an engineering business operator or to suspend business under Article 24 (1) of the Act are listed in attached Table4.
(2) Where the Minister of Knowledge Economy has taken a disposition to invalidate a report by an engineering business operator, to suspend or to cancel such report under Article 24 (1) of the Act, shall publicly announce such fact.
CHAPTER IV IMPLEMENTATION, ETC. OF ENGINEERING PROJECTS
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 Article 36 (Engineering Projects subject to Evaluation of Capacity to Implement Projects)   print
(1) An ordering authority shall evaluate the capacity to implement of an engineering project falling under any of the following subparagraphs under Article 28 (1) of the Act:
1. Engineering projects the estimated price of which is larger than the price publicly announced pursuant to the main sentence other than any subparagraph of Article 4 (1) of the Act on Contracts to which the State is a Party;
2. Engineering projects for which bidding is conducted under Article 18 of the Act on Contracts to which the State is a Party;
3. Engineering projects whose outcome is likely to be incomplete due to fierce competition.
(2) Notwithstanding paragraph (1), an ordering authority may not evaluate the capacity to implement of an engineering project falling under any of the following subparagraphs:
1. Engineering projects for which the order for design and construction is placed on a package basis and it is difficult to evaluate the capacity to implement the project by separating the design only;
2. Engineering projects for which private contract may be concluded pursuant to the proviso to Article 7 of the Act on Contracts to which the State is a Party;
3. Projects whose capacity to implement the project is evaluated in accordance with the Construction Technology Management Act or other Acts;
4. Other projects equivalent to those in subparagraphs 1 through 3 and whose capacity to implement the project is deemed unnecessary to be evaluated by the competent Minister due to extraordinary grounds.
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 Article 37 (Matters subject to Evaluation of Capacity to Implement Projects)   print
Subject matters for evaluation of capacity to implement projects, standards and methods under Article 28 (1) of the Act are listed in attached Table5.
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 Article 38 (Methods and Procedures for Evaluation of Capacity to Implement Projects)   print
(1) Where an ordering authority intends to conduct an engineering project whose capacity to implement the project under Article 28 of the Act must be evaluated, it shall publicly announce the plan to promote the engineering project including the matters prescribed by Ordinance of the Ministry of Knowledge Economy within 60 days prior to the scheduled announcement date of the bidding of the relevant engineering project.
(2) A person who intends to participate in the engineering project publicly announced under paragraph (1) shall submit an application for participation in the project implementation to the ordering authority within 30 days prior to the scheduled announcement date of the bidding of the relevant engineering projet as prescribed by Ordinance of the Ministry of Knowledge Economy.In such cases, where two or more persons jointly intend to participate in the project, they shall submit an application for participation in the project implementation under the joint name.
(3) An ordering authority shall determine the specific standards on the matters subject to evaluation under Article 37 by comprehensively considering the nature, contents, scale, etc. of the relevant engineering project at the time of announcing a bidding notice, and allow a person who intends to participate in the bidding to peruse them.
(4) An ordering authority shall evaluate the capacity to implement the project of a person who has submitted an application for participation in the project implementation under paragraph (2) as provided for in Article 28 of the Act so that an appropriate engineering business operator may participate in the bidding. In such cases, the ordering authority may use data on the evaluation on the capability to implement engineering projects prepared by the Association under Article 39.
(5) An ordering authority shall inform the engineering business operator who is evaluated as appropriate under paragraph (4) of the outcomes thereof.
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 Article 39 (Cooperation of Association, etc.)   print
Where it is necessary to cooperate with the evaluation of a capacity to implement projects under Article 28 (2) of the Act, the Association may prepare the data on evaluation of a capacity to implement the project by an engineering business operator by using data from any of the following:
1. Investigation of actual conditions under Article 7 of the Act;
2. Information systems;
3. Reports by engineering business operators under Article 21 of the Act;
4. Reports by engineers under Article 26 of the Act;
5. Other data concerning the capacity of an engineering business operator to implement a project.
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 Article 40 (Methods of Conclusion of Contract, etc.)   print
(1) Where it is deemed impracticable to conclude a contract pursuant to a negotiation under Article 43 of the Enforcement Decree of the Act on Contracts to which the State is a Party and Article 43 of the Enforcement Decree of the Act on Contracts to which a Local Government is a Party in view of the purpose or characteristics of a contract, an ordering authority shall determine a successful bidder by aggregating the points of the evaluation of the capacity to implement a project and the points of the price according to the bidding price pursuant to the proviso to Article 29 (1) of the Act.
(2) The method of concluding a contract pursuant to the main sentence of Article 29 (1) of the Act and standards for determination of a successful bidder under paragraph (1) shall be prescribed and publicly announced by the Minister of Knowledge Economy through a consultation with the heads of relevant central administrative agencies.
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 Article 41 (Contents and Methods of Implementation Process of Engineering Projects)   print
(1) An ordering authority shall implement an engineering project according to the implementation process falling under any of the following subparagraphs in order to efficiently implement the engineering project under Article 30 of the Act and where it intends to place an order for engineering project, it shall do to an engineering business operator:
1. Planning;
2. Feasibility study;
3. Formation of basic plans;
4. Basic design and implementation design;
5. Supervision;
6. Business management;
7. Management of performance.
(2) Where an engineering project falls under any of the following subparagrahs, an ordering authority may implement the engineering project by adjusting a part of its implementation process under paragraph (1):
1. Where the total project cost is less than 200 million won;
2. Where an emergency measure is necessary such as restoration from disaster;
3. Where it is deemed difficult to follow the implementation process under paragraph (1) in view of the characteristics of an engineering project.
(3) Necessary matters concerning the detailed contents and procedures for the process of implementing an engineering project under paragraph (1) shall be prescribed and publicly announced by the Minister of Knowledge Economy.
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 Article 42 (Obtaining Coverage by Indemnity Insurance and Mutual Aid by Engineering Business Operators)   print
(1) The target and term of obtaining coverage by insurance or mutual aid pursuant to Article 31 (5) of the Act shall be as follows: Provided, That where other provisions exist in the Construction Technology Management Act or in other Acts, they shall apply:
1. Engineering projects amounting to a feasibility study, design, analysis, contracting, purchasing, procurement, testing and evaluation under subparagraph 1 (a) of Article 2 of the Act and estimate under subparagraph 1 of Article 2: From the commencement date of construction, manufacturing, installation or building of the facility which becomes the target of the project to the date when one year passes from the completion date;
2. Engineering projects falling under supervision, trial run, inspection, safety review, management, maintenance or repair under subparagraph 1 (a) of Article 2 of the Act, business management under subparagraph 1 (b) of Article 2 of the Act, review of economic feasibility and functionality of design under subparagraph 2 of Article 2, and analysis and management of system under subparagraph 3 of Article 2: From commencement date of the relevant engineering project to the date when one year passes from the completion date.
(2) The amount of insurance or mutual aid under paragraph (1) shall be the contract deposit.
(3) An engineering business operator shall submit the insurance policy or certificate of mutual aid to an ordering authority by the date when the contract for the relevant engineering project is concluded (in cases of the feasibility study, design, analysis, contracting, purchasing, procurement, testing, evaluation and estimate, the date when the relevant engineering project is completed).
(4) Necessary matters concerning calculation method of amount of insurance or mutual aid or procedure for obtaining coverage by insurance or mutual aid under paragraphs (1) through (3) shall be prescribed and publicly announced by the Minister of Knowledge Economy.
CHAPTER V ASSOCIATION AND MUTUAL ASSOCIATION
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 Article 43 (Matters to be Stated in Articles of Incorporation of Association)   print
The articles of incorporation of the Association shall include the following matters:
1. Objectives;
2. Name;
3. Location of the principal office;
4. Business and matters for its execution;
5. Matters on qualifications, admission and withdrawal of members;
6. Matters on rights and obligations of members;
7. Matters on imposition of costs;
8. Matters on disposition of any deficit;
9. Matters on election and removal of officers;
10. Matters on meetings;
11. Matters on accounting;
12. Matters of disposition of residual assets.
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 Article 44 (Registration of Mutual Association)   print
(1) The registered matters of the mutual association established under Article 34 of the Act (hereinafter referred to as the "Mutual Association") shall be as follows:
1. Objectives;
2. Name;
3. Location of the principal office;
4. Date of the approval of the articles of incorporation;
5. Total amount of contributions;
6. Method of contribution and value per contribution unit;
7. Matters on restriction of transfer of contribution certificates;
8. Name and resident registration number of officers (including the address in the case of chief director);
9. Matters on restriction of representative right of chief director and vicarious exercise of authority of chief director;
10. Matters on agents;
11. Method of public notice.
(2) Registration of change of total amount of contributions under paragraph (1) 5 shall be made after the end of the fiscal year as of each fiscal year.
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 Article 45 (Matters to be Stated in the Articles of Incorporation of Mutual Association)   print
The following matters shall be included in the articles of incorporation of the Mutual Association:
1. Objectives;
2. Name;
3. Location of principal office;
4. Matters on business;
5. Matters on qualifications, admission and withdrawal of Mutual Association members;
6. Matters on rights and obligations of Mutual Association members;
7. Matters on the value per contribution unit, method of payment and calculation of equities;
8. Matters on meetings of Mutual Association members and board of directors;
9. Matters on institutions and organizational structure;
10. Matters on officers and employees;
11. Matters on assets and accounting;
12. Matters on disposal of surplus, reserve and deficit;
13. Matters on public notice;
14. Matters on amendment to the articles of incorporation.
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 Article 46 (Contribution, etc.)   print
(1) The amount of contributions of the Mutual Association shall be the par value of the total number of contribution unit contributed by the Mutual Association members.
(2) The Mutual Association shall issue the contribution certificates and have them delivered to the contributors.
(3) The amount of contribution per contribution unit shall be equal.
(4) The Mutual Association members shall pay the total amount of contributions by cash and the amount of payment may not be set off against the claims of the Mutual Association.
(5) The liabilities of the Mutual Association members shall be limited to their amount of contributions.
(6) Matters on the amount per contribution unit and other necessary matters on contribution shall be prescribed by the articles of incorporation.
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 Article 47 (Transfer, Acquisition, etc. of Equities)   print
(1) Mutual Association members may transfer their equities only to other members or those who intend to be Mutual Association members.In such cases, a transferee shall succeed to the rights and obligations of a transferor.
(2) Where it is necessary for execution of the security right held against the Mutual Association members, the Mutual Association may acquire the equities of such members. In such cases, the Mutual Association shall dispose of such acquired equities as soon as possible.
(3) Where the equities of a member may not be used as a pledge unless they are provided as security for the obligations of the Mutual Association.
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 Article 48 (Targets for Guarantee and Mutual Aid, etc.)   print
(1) The targets for extending guarantee necessary for performing obligations pursuant to engineering activities of Mutual Association members under Article 34 (2) 1 of the Act shall be as follows:
1. Engineering projects under subparagraph 3 of Article 2 of the Act;
2. Any other project falling under engineering activities under subparagraph 1 of Article 2 of the Act that are prescribed in the articles of incorporation of the Mutual Association
(2) The targets for extending a guarantee necessary for determining a principal bank under Article 34 (2) 2 of the Act shall be those who intend to export engineering technology overseas and the Mutual Association shall conclude an agreement with a financial institution under subparagraph 1 of Article 2 of the Act on the Structural Improvement of the Financial Industry in order to issue the certificate of guarantee.
(3) The targets for providing financial aid under Article 34 (2) 7 of the Act shall be as follows:
1. Mutual aid business of indemnity of an engineering business operator under Article 42;
2. Other mutual aid prescribed in the articles of incorporation of the Mutual Association for the prevention of bankruptcy and the improvement of their employees' welfare.
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 Article 49 (Limit of Guarantee and Loan)   print
(1) The limit of guarantee extended by the Mutual Association shall be 40 times the sum of the total amount of contributions and reserves of the Mutual Association: Provided, That where the Mutual Association extends guarantee based on a guarantee or insurance extended by a bank under the Banking Act, an insurance business operator under the Insurance Business Act or its similar institution or by receiving the security, such guarantee shall be excluded in the limit of guarantee.
(2) In determining the limit of guarantee pursuant to paragraph (1), the amount of contributions and reserves shall be applied on the basis of the accounts settled as at the end of the year preceding each business year: Provided, That if, during the business year, the capital has been increased or the assets have been revaluated in accordance with the Assets Revaluation Act, it shall be applied on the basis of the amount of contributions and reserves when the increase of capital or revaluation of assets is finished.
(3) The limit of guarantee to be extended by the Mutual Association to its members per type of guarantee shall be prescribed by the articles of incorporation of the Mutual Association by taking into account the rate of accident per type of guarantee and the credit evaluation of the members.
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 Article 50 (Types of Guarantee and Mutual Aid and Guarantee Fees and Premiums of Mutual Aid)   print
(1) Types of guarantees and mutual aid the Association may provide under Article 34 (2) 1, 2 and 7 of the Act shall be as follows:
1. Performance guarantee;
2. Guarantee of indemnity and mutual aid;
3. Payment guarantee;
4. Mutual aid for those employed by the Mutual Aid members;
5. Other guarantees and mutual aid prescribed in the articles of incorporation.
(2) The Mutual Association may collect the guarantee fees, premiums of mutual aid, interests on loan, fees for bill discount and fees for using the joint-use facilities from those who use the Mutual Association.
(3) The guarantee fees, premiums of mutual aid, interests on loan, fees for bill discount and fees for using the joint-use facilities under paragraph (2) shall be prescribed by the articles of incorporation by taking into account the following matters:
1. Guarantee fees: Total sum of amount of contributions and amount of equities, types of guarantee, limit, credit rating, etc.;
2. Premiums of mutual aid: Targets and types of mutual aid, period of mutual aid, rate of damage, etc.;
3. Interests on loan: Types of loan and amount, term of loan, conditions, etc.;
4. Fees for bill discount: Targets and types of bills, period of payment, etc.;
5. Fees for using the joint-use facilities: Costs for installation and operation of the facilities, depreciation costs, etc.
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 Article 51 (Responsibilities of Mutual Aid Association)   print
Where the Association guarantees the performance of the obligations for the members who are related to the performance of the affairs under Article 34 (2) of the Act, and the cause for the Mutual Association to pay the guarantee deposit as prescribed by the Act on Contracts to which the State is a Party or the Act on Contracts to which a Local Government is a Party, bidding guideline and contracts, it shall pay the guarantee amount to the guaranty creditor in lieu of the members.
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 Article 52 (Delegation of Duties of Mutual Association)   print
The Mutual Association may delegate a part of its duties to a financial institution under subparagraph 1 of Article 2 of the Act on the Structural Improvement of the Financial Industry or the Association by obtaining approval from the board of directors.
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 Article 53 (General Meetings of Mutual Association, etc.)   print
(1) The Mutual Aid Association shall have the general meetings and the board of directors as prescribed by the articles of incorporation.
(2) The Mutual Aid members shall have one voting right per contribution unit: Provided, That the Mutual Aid Association that has the acquired the equities pursuant to the former part of Article 47 (2) may not exercise its voting rights and right to elect according to such equities acquired.
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 Article 54 (Operational Regulation of Association and Mutual Association)   print
Matters not provided for herein concerning the operation of the Association and the Mutual Association or other necessary matters concerning the execution of the matters not provided for herein shall be prescribed by the articles of incorporation.
CHAPTER IV SUPPLEMENTARY PROVISIONS
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 Article 55 (Hearings)   print
Where the Minister of Knowledge Economy intends to cancel the designation under Article 22 (2), he/she shall hold a hearing.
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 Article 56 (Delegation of Duties)   print
(1) The Minister of Knowledge Economy shall delegate any of the following duties to the Association under Article 44 of the Act:
1. Investigation of actual conditions under the main sentence of Article 7 (1) of the Act;
2. Establishment and operation of information systems under Article 8 (1) of the Act;
3. Receipt of reports and requests for supplementation under Article 21 (1) through (3) of the Act;
4. Receipt of reports on succession to the status under Article 23 (2) of the Act;
5. Receipt of reports by engineers, issuance of a certificate of work experience of engineering technology and requests for submission of data under Article 26 (1), (3) and (4) of the Act;
6. Maintenance and management of reported matters under subparagraphs 2 through 4 of Article 34.
(2) Necessary matters concerning treatment of delegated duties and reporting thereon under paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
CHAPTER VII PENAL PROVISIONS
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 Article 57 (Standards for Imposition of Fines for Negligence)   print
(1) Standards for imposition of fines for negligence under Article 48 of the Act are listed in attached Table6.
(2) The Minister of Knowledge Economy may increase or decrease the amount of a fine for negligence by up to one half of such amount pursuant to attached Table 6, considering the degree, motive, consequences, etc. of the relevant offence: Provided, That the amount so increased shall not exceed the upper limit of amount prescribed in Article 48 of the Act.
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 Article 58 (Reconsideration of Regulations)   print
The Minister of Knowledge Economy shall consider whether the standards in attached Table 6 concerning the types of offence subject to fines for negligence and amount under Article 57 (1) are appropriate by December 31, 2015 and then take action to deregulate or maintain such standards.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Evaluation of Capacity to Implement Projects)
The amended provisions of Articles 36 through 39 shall apply beginning from the engineering project which is publicly announced for bidding on or after this Decree enters into force.
Article 3 (Applicability to Obtaining Coverage by Indemnity Insurance or Mutual Aid)
The amended provisions of Article 42 shall apply beginning from the engineering project which is first publicly announced for bidding after this Decree enters into force.
Article 4 (Transitional Measures on Designation of Agencies to Foster Professional Human Resources)
Agencies designated as those to foster professional human resources under Article 2-4 of the former Enforcement Decree of the Engineering Technology Promotion Act as at the time this Decree enters into force shall be deemed agencies designated pursuant to the amended provisions of Article 23.
Article 5 Omitted.
Article 6 (Relations with other Acts and Subordinate Statutes)
Where the Enforcement Decree of the Engineering Technology Promotion Act or the relevant provisions thereof are cited by other Acts and subordinate statutes as at the time this Decree enters into force, if provisions corresponding thereto exist in this Decree, this Decreeor the corresponding provisions of this Act shall be deemed to have been cited in lieu of the former provisions thereof.