Currently, various business acts are providing for and enforcing so-called ‘special engineers’ standards which effectively replace Professional Engineers as referred to under this Act. This is resulting in the proliferation of non-professional engineers, which undermines the effectiveness of the National Professional Qualification System, and allows anyone to carry out the Duties of Professional Engineers, making it difficult to secure public safety which was the fundamental objective of the Act and the Duties of the professional engineers.

Additionally, because the duties carried out by professional engineers have a significant impact on securing public health, welfare and safety, they are expected to bear a social responsibility, as well as uphold a high standard of ethicality and morality. However, the current Act lacks a specific basis regarding ethical codes for professional engineers.

On another note, the current Act provides that, where any professional engineer formulates or manufactures drawings and specifications, etc., he/she shall sign and seal such drawings and specifications, etc. However, there is no penal provision for cases where the drawings and specifications, etc., were prepared by a person who is not a professional engineer. In other words, the professional engineers’ duties are left without effectiveness.

Therefore, this proposal seeks to enforce the professional qualification of professional engineers so that professional engineers will carry out their duties and responsibilities in a similar fashion to other nationally qualified professionals such as certified architects, patent attorneys, etc., by requiring the Professional Engineers’ Association to establish a Professional Engineers’ Code of Ethics to impose on them a social responsibility that needs to be upheld when a professional engineer carries out his/her duties; and also by requiring that professional engineers’ duties directly related to the people’s safety to be carried out by a professional engineer, who is a nationally qualified engineering professional.

The proposal also seeks to invite more outstanding personnel into science and engineering by establishing an environment where a professional engineer can fulfill his/her social responsibilities through complementing the shortcomings of the current Act such as the lack of penalties for cases where drawings and specifications, etc., (related to professional engineers’ duties) are formulated or prepared by any person other than a professional engineer. In so doing, the proposal also seeks to enhance the social responsibility of public safety on the part of professional engineers, creating a safe society by establishing a national responsibility system for safety accident prevention and disaster safety management.

Details

A. This Act shall be applicable in preference to other Acts pertaining to the duties of professional engineers (Newly insert Article 3-3).

B. Drawings and specifications, etc., cannot be formulated or prepared by any person who is not a professional engineer (Newly create Article 3-4).

C. Add the following to the reasons for rejecting and cancelling registration and registration renewal: Where he/she has violated the Professional Engineers’ Code of Ethics and has therefore significantly damaged the decorum of professional engineers (Article 5-8; Article 5-9)

D. Clarify the method and subject of professional engineers’ name and seal by adding a provision to specify the subject/method of the name and seal under Presidential Decree (Newly insert Article 11, paragraph 3)

E. Require the Professional Engineers’ Association to establish an ethics committee for deliberation and resolution on matters regarding rejection and cancellation of registration (Newly insert Article 14, paragraph 8)

F. Make it mandatory for a professional engineer to join the Professional Engineers’ Association (Newly create Article 15)

G. Require the Professional Engineers’ Association to establish regulations regarding the Professional Engineers’ Code of Ethics which need to be upheld when a member carries out his/her duties, and require the members to comply with the Code of Ethics (Newly create Article 15-2)

H. The head of the Professional Engineers’ Association may demand rejection or cancellation of registration to the Minister of Science, ICT and Future Planning through deliberation and resolution by the Association’s ethics committee in cases where a professional engineer has significantly damaged the decorum of professional engineers by violating the Professional Engineers’ Code of Ethics (Newly create Article 16-2).

I. Impose imprisonment of up to one year; or statutory fine of up to ten million won, on any person who is not a professional engineer who formulated or prepared drawings and specifications, etc. (Newly create Article 21, paragraph 5)

Drawings and specifications, etc., as referred to in Article 5-6 shall not be formulated or prepared by any person who is not a professional engineer. (Newly create Article 3-4)

Where a person who has filed an application for registration or renewal of registration under Article 5-7 falls under any of the following cases, the Minister of Science, ICT and Future Planning shall reject the registration or renewal of registration. (Article 5-8, paragraph 1)

4. Where he/she has significantly damaged the decorum of professional engineers by violating Article 15-2, paragraph 2

 Where a person who has filed or renewed a registration under Article 5-7 falls under either of the following cases, the Minister of Science, ICT and Future Planning shall cancel the registration or renewed registration. (Article 5-9, paragraph 1)

3. Where he/she has significantly damaged the decorum of professional engineers by violating Article 15-2, paragraph 2