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MEASURES ACT

Wholly Amended by Act No. 12694, May 28, 2014

Amended by Act No. 14661, Mar. 21, 2017

Act No. 15174, Dec. 12, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to set standards for measurement and take measurements properly, thereby maintaining the fair order of commercial transactions and contributing to the advancement of industries and the development of the national economy.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "measurement" means a series of acts determining the value of a certain quantity for the purposes of commercial transactions or certification;
2. The term "measuring instruments" means machinery, instruments, or devices prescribed by Presidential Decree, used to take measurements;
3. The term "prepackaged products" means products prescribed by Presidential Decree, the quantity of which can not be increased or decreased without opening their containers or packages, marked with a length, mass, volume, size, and number (hereinafter referred to as "net quantity") which are legal units referred to in Article 4.
 Article 3 (Relationship to other Acts)
Except as otherwise expressly provided for in other Acts with regard to measurement, this Act shall apply.
 Article 4 (Legal Units)
(1) Each legal unit shall be categorized into a base unit, a derived unit, or a special unit.
(2) The base unit shall be in accordance with Article 10 of the Framework Act on National Standards.
(3) The derived unit shall be in accordance with Article 11 of the Framework Act on National Standards.
(4) The special unit shall be used for taking special measurements, and the unit and its meaning shall be prescribed by Presidential Decree.
 Article 5 (Formulation of Standards for Legal Units)
The Minister of Trade, Industry and Energy may establish and publicly announce standards for recommending the correct use of legal units referred to in Article 4.
 Article 6 (Prohibition, etc. on Use of Nonlegal Units)
(1) No one shall manufacture or import any measuring instrument or any product marked in units other than legal units (hereinafter referred to as "nonlegal unit"): Provided, That the same shall not apply to any of the following measuring instruments or products:
1. A measuring instrument used to measure export products or products imported for reexport;
2. A measuring instrument used to measure ships, airplanes, or commodities for military purposes;
3. A measuring instrument used to measure commodities utilized for research and development;
4. A measuring instrument or product for export;
5. A measuring instrument or product imported as raw materials or components of export products.
(2) No one shall use nonlegal units for the purpose of measurement or advertisements: Provided, That the same shall not apply to any of the following:
1. Measurement of export products or products imported for reexport;
2. Measurement of ships, airplanes, or commodities for military purposes;
3. Measurement of commodities utilized for research and development.
(3) Notwithstanding paragraphs (1) and (2), any person who meets the labelling requirements determined by Ordinance of the Ministry of Trade, Industry and Energy may mark nonlegal units, along with legal units.
(4) The Minister of Trade, Industry and Energy or the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, a Do governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") shall control the use of nonlegal units, and may issue an order to mark legal units, to a person who has used nonlegal units.
(5) The person in receipt of order to mark legal units pursuant to paragraph (4) shall comply with the relevant order, and make a report to the Minister of Trade, Industry and Energy or the Mayor/Do Governor on the result of such execution.
(6) The procedures for issuing an order to mark legal units under paragraph (4) and making a report on the result under paragraph (5) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
CHAPTER II TYPE APPROVAL, TESTING, ETC. FOR MEASURING INSTRUMENTS
SECTION 1 Registration, etc. of Business of Manufacturing Measuring Instruments
 Article 7 (Registration, etc. of Business of Manufacturing Measuring Instruments)
(1) A person who intends to engage in the business of manufacturing measuring instruments, business of repairing measuring instruments, or business of measurement and certification in accordance with the following classification, shall file for registration with a Mayor/Do Governor, as prescribed by Presidential Decree:
1. The business of manufacturing measuring instruments: Business of manufacturing measuring instruments or repairing the instruments he/she has manufactured;
2. The business of repairing measuring instruments: Business of repairing measuring instruments (excluding measuring instruments he/she has repaired);
3. The business of measurement and certification: Business of taking measurements with measuring instruments and certifying the authenticity of measured values.
(2) Each person who intends to file for registration pursuant to paragraph (1) shall meet the criteria for registration prescribed by Presidential Decree for his/her installations, inspection facilities, etc. necessary for manufacturing, repairing, and certifying measuring instruments.
(3) The scope of the business of repairing measuring instruments referred to in paragraph (1) 2 shall be determined by Presidential Decree.
(4) Where registered matters are changed, a person who has registered his/her business of manufacturing measuring instruments (hereinafter referred to as "manufacturer"), a person who has registered his/her business of repairing measuring instruments (hereinafter referred to as "repairer"), and a person who has registered his/her business of measurement and certification (hereinafter referred to as "measurement and certification business operator") shall file a report on changes with the Mayor/Do Governor within 30 days, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(5) Within seven days of the receipt of the report on changes prescribed in paragraph (4), the Mayor/Do Governor shall notify the reporter of whether the report has been accepted. <Newly Inserted by Act No. 15174, Dec. 12, 2017>
(6) Where the Mayor/Do Governor fails to notify the reporter of whether the report has been accepted or the treatment period has been extended pursuant to Acts or subordinate statues concerning treatment of civil petitions within the deadline prescribed in paragraph (5), it shall be deemed that the report has been accepted on the day following the date when the period (referring to the relevant treatment period, where the treatment period is extended or extended again pursuant to Acts or subordinate statues concerning treatment of civil petitions) ends. <Newly Inserted by Act No. 15174, Dec. 12, 2017>
 Article 8 (Self-Repair of Measuring Instruments)
(1) Notwithstanding Article 7, a person designated as a self-repairing dealer by a Mayor/Do Governor (hereinafter referred to as "self-repairing dealer") may repair measuring instruments he/she uses.
(2) A person who intends to be designated as a self-repairing dealer referred to in paragraph (1) shall file an application with the Mayor/Do Governor after meeting the designation criteria prescribed by Presidential Decree for his/her self-repair facilities, inspection facilities and equipment, etc. necessary to repair measuring instruments.
(3) The scope of self-repairing prescribed in paragraph (1) shall be prescribed by Presidential Decree.
(4) Where designated matters are revised, a self-repairing dealer shall report revised matters to the Mayor/Do Governor within 30 days.
(5) Within seven days of the receipt of the report on changes prescribed in paragraph (4), the Mayor/Do Governor shall notify the reporter of whether the report has been accepted. <Newly Inserted by Act No. 15174, Dec. 12, 2017>
(6) Where the Mayor/Do Governor fails to notify the reporter of whether the report has been accepted or the treatment period has been extended pursuant to Acts or subordinate statues concerning treatment of civil petitions within the deadline prescribed in paragraph (5), it shall be deemed that the report has been accepted on the day following the date when the period (referring to the relevant treatment period, where the treatment period is extended or extended again pursuant to Acts or subordinate statues concerning treatment of civil petitions) ends. <Newly Inserted by Act No. 15174, Dec. 12, 2017>
(7) Matters necessary for methods for filing an application and procedures for reporting prescribed in paragraphs (2) and (4) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 9 (Report on Import Business)
(1) A person who intends to import measuring instruments as his/her business (hereinafter referred to as "import business of measuring instruments") shall file a report with the Mayor/Do Governor on the matters to be reported, prescribed by Presidential Decree.
(2) Where reported matters have been changed, the person who has reported the import business of measuring instruments pursuant to paragraph (1) (hereinafter referred to as "importer") shall file a report with the Mayor/Do Governor thereon within 30 days.
(3) Within seven days of the receipt of the report or the report on changes prescribed in paragraph (1) or (2), the Mayor/Do Governor shall notify the reporter of whether the report has been accepted. <Newly Inserted by Act No. 15174, Dec. 12, 2017>
(4) Where the Mayor/Do Governor fails to notify the reporter of whether the report has been accepted or the treatment period has been extended pursuant to Acts or subordinate statues concerning treatment of civil petitions within a deadline prescribed in paragraph (3), it shall be deemed that the report has been accepted on the day following the date when the period (referring to the relevant treatment period, where a treatment period is extended or extended again pursuant to Acts or subordinate statues concerning treatment of civil petitions) ends. <Newly Inserted by Act No. 15174, Dec. 12, 2017>
(5) Matters necessary for methods and procedures for reporting prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 10 (Grounds for Disqualification for Registration, etc. of Manufacturing Business)
None of the following persons may file a registration under Article 7, obtain the designation under Article 8, or file a report under Article 9:
1. An incompetent person under the adult guardianship;
2. A person declared bankrupt who is not yet rehabilitated;
3. A corporation or an organization which has an executive prescribed in subparagraph 1 or 2 among its executives;
4. A person for whom one year has yet to elapse after the registration or designation is canceled or the place of business is closed pursuant to Article 13 (1);
5. A person sentenced to imprisonment with labor or heavier punishment for violating this Act and for whom one year has yet to elapse from the date on which the execution of such sentence was terminated (including where the execution is deemed terminated) or exemption from the execution of such sentence was made definite;
 Article 11 (Matters to be Observed by Manufacturers, etc.)
(1) No manufacturer, repairer, measurement and certification business operator, self-repairing dealer, and importer (hereinafter referred to as "manufacturer, etc.") shall commit any unlawful acts prescribed by Presidential Decree with regard to relevant business, such as exchanging money and goods.
(2) No person, other than a manufacturer, repairer, and self-repairing dealer, shall repair measuring instruments.
(3) A manufacturer, etc. shall record, manage, and preserve the following matters for a period specified by Presidential Decree:
1. Application documents related to type approval referred to in Article 14;
2. The details of repair and inspection records of measuring instruments;
3. A certificate for measurement and certification and relevant contents.
 Article 12 (Report on Discontinuance of Business, etc.)
(1) Where a manufacturer, etc. discontinues or suspends business or restarts suspended business, he/she shall report such fact to the competent Mayor/Do Governor within 30 days, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) Where there is no defect in matters to be stated in a report prescribed in paragraph (1) and attached documents, and formal requirements prescribed in Acts or subordinate statues are satisfied, a report shall be deemed made when a written report has reached a receiving agency. <Newly Inserted by Act No. 15174, Dec. 12, 2017>
(3) Where a person who has reported business closure pursuant to paragraph (1) has made a registration, designation or report pursuant to Article 7, 8 or 9 for the same type of business as at the time of reporting business closure within six months from the date when he/she has reported business closure, the relevant manufacturer, etc. shall succeed to the status of a manufacturer, etc before business closure is reported.
(4) A person who has succeeded to the status of a manufacturer, etc. pursuant to paragraph (3) shall succeed to effects of an administrative disposition rendered against a manufacturer, etc. before business closure is reported. <Amended by Act No. 15174, Dec. 12, 2017>
(5) The Mayor/Do Governor may order a person who has succeeded to the status of a manufacturer etc. before business closure is reported pursuant to paragraph (3) to revoke a registration or designation prescribed in Article 13, close down a business place or suspend a business due to violations committed before business closure is reported. <Amended by Act No. 15174, Dec. 12, 2017>
(6) Where a manufacturer, etc. reports business closure to the head of the competent tax office pursuant to Article 8 of the Value-Added Tax Act or the head of the competent tax office revokes business registration, the Mayor/Do Governor may revoke such registration, designation or reports ex officio.
(7) The Mayor/Do Governor may request the head of the competent tax office to provide information concerning reports on business closure by a manufacturer, etc. or whether business registration is revoked, when necessary for revoking a registration, designation or reports ex officio prescribed in paragraph (6). In such cases, the head of the competent tax office, in receipt of a request, shall provide the relevant information to the Mayor/Do Governor pursuant to Article 36 (1) of the Electronic Government Act, without delay. <Newly Inserted by Act No. 15174, Dec. 12, 2017>
 Article 13 (Cancellation of Registration or Designation, Suspension of Business, etc.)
(1) Where a manufacturer, etc. falls under any of the following cases, a Mayor/Do Governor may cancel his/her registration or designation, or issue an order to close the place of business (limited to self-repairing dealers and importers among manufacturers, etc.) or to fully or partially suspend his/her business for a period of up to one year: Provided, That the Mayor/Do Governor shall cancel his/her registration or designation or issue an order to close the place of business, if he/she falls under subparagraph 1 or 2:
1. Where he/she becomes registered, obtains the designation, or files the report by fraud or other wrongful means;
2. Where he/she carries out business during the period of business suspension;
3. Where he/she fails to meet the criteria for registration referred to in Article 7 (2);
4. Where he/she fails to meet any of the criteria for designation referred to in Article 8 (2);
5. Where he/she engages in business in violation of the reported matters referred to in Article 9 (1);
6. Where he/she falls under any subparagraph of Article 10.
(2) The detailed criteria for administrative dispositions referred to in paragraph (1) shall be determined by Presidential Decree.
SECTION 2 Type Approval, etc. for Measuring Instruments
 Article 14 (Type Approval)
(1) Any person who intends to manufacture (including a person who exports measuring instruments to the Republic of Korea after manufacturing them in a foreign country) or to import and sell measuring instruments prescribed by Presidential Decree for which error management is necessary to secure fair commercial transactions or certification shall obtain type approval therefor from a type-approval body designated pursuant to Article 16 (1) before he/she manufactures or imports such measuring instruments, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the same shall not apply to either of the following cases:
1. Measuring instruments manufactured or imported for the purposes of research and development, ships and airplanes, military use, exhibitions, etc.;
2. Measuring instruments manufactured or imported for the purpose of export.
(2) The criteria for type approval referred to in paragraph (1) (hereinafter referred to as "type approval") shall be determined by Presidential Decree.
 Article 15 (Exemption from Type Approval)
(1) Where a measuring instrument falls under either of the following cases, the head of a type-approval body under the main sentence of Article 16 (1) may fully or partly exempt such instrument from the criteria for type approval when he/she grants type approval therefor:
1. Where it obtains type approval from a type-approval body of a country which has concluded a mutual recognition agreement on type approval for measuring instruments with the Republic of Korea;
2. Where it obtains certification pursuant to Article 15 of the Industrial Standardization Act.
(2) A measuring instrument prescribed by Presidential Decree, among medical devices regarding which a manufacturing permit or import permit by type of item has been issued pursuant to Articles 6 (2) and 15 (2) of the Medical Devices Act, shall be deemed type-approved.
(3) Matters necessary for the methods, procedures, etc. for exemption from type approval under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 16 (Designation, etc. of Type-Approval Bodies)
(1) The Minister of Trade, Industry and Energy may designate a type-approval body to perform type approval business professionally and efficiently: Provided, That he/she shall not designate an institution as a type-approval body, for which one year has yet to elapse after the designation as a type-approval body is cancelled pursuant to Article 18 (1).
(2) An institution intending to obtain the designation pursuant to paragraph (1) shall file an application for such designation with the Minister of Trade, Industry and Energy after meeting all of the following requirements:
1. To be a non-profit corporation or organization;
2. To have an organization exclusively in charge of type approval, testing facilities and equipment, etc. determined by Presidential Decree;
3. To secure independence by not receiving financial assistance from a manufacturer or importer;
4. To be recognized both as a testing body and as an inspection body in a field related to measuring instruments under Article 23 of the Framework Act on National Standards.
(3) Upon receipt of the application under paragraph (2), the Minister of Trade, Industry and Energy shall designate an institution which files an application for such designation as a type-approval body, except where it falls under the proviso to paragraph (1) or fails to meet the designation requirements.
(4) Matters necessary for the methods, procedures, etc. for designating a type-approval body under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 17 (Matters to be Observed by Type-Approval Bodies)
(1) No head of any type-approval body shall engage in any of the following:
1. Providing relevant facts, such as applications for type approval, to interested parties;
2. Misconduct prescribed by Presidential Decree, such as exchanging money and goods in relation to type approval;
3. Rejecting a user's request relating to type approval without any justifiable ground.
(2) The head of a type-approval body shall record, manage and preserve the following matters for a period specified by Presidential Decree:
1. Application documents related to type approval;
2. Results of test and inspection related to type approval;
3. A written type approval;
4. Reported matters concerning the statistics of type approval referred to in Article 49.
 Article 18 (Cancellation, etc. of Designation of Type-Approval Bodies)
(1) Where a type-approval body designated pursuant to Article 16 (1) falls under any of the following, the Minister of Trade, Industry and Energy may cancel its designation or issue an order to fully or partially suspend its business for a fixed period not exceeding one year: Provided, That its designation shall be cancelled if it falls under subparagraph 1 or 2:
1. Where it is designated as a type-approval body by false or other illegal means;
2. Where it grants type approval during a period for business suspension;
3. Where it grants type approval, in violation of any of the criteria for type approval;
4. Where it ceases to meet any of the requirements for designation under Article 16 (2);
5. Where it violates any matter to be observed under Article 17 (1);
6. Where it fails to carry out type approval business without any justifiable grounds.
(2) The detailed criteria for administrative dispositions referred to in paragraph (1) shall be prescribed by Presidential Decree.
(3) Matters necessary for the methods of and procedures for cancellation, etc. of designation of type-approval bodies shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted by Act No. 14661, Mar. 21, 2017>
 Article 19 (Revocation of Type Approval)
(1) Where a measuring instrument falls under any of the following cases, the head of a type-approval body may revoke type approval therefor: Provided, That he/she shall revoke type approval if it falls under any of subparagraphs 1 through 3:
1. Where a manufacturer, etc. has discontinued business or his/her business has been revoked ex officio pursuant to Article 12;
2. Where the registration or designation of the manufacturing business, etc. has been cancelled or the place of business has been closed pursuant to Article 13;
3. Where the type approval referred to in Article 14 (1) or the approval of its alteration referred to in Article 21 (1) is granted in any false or other illegal means;
4. Where the measuring instrument manufactured after type approval therefor is granted fails to meet the criteria for type approval;
5. Where the approval of alteration under Article 21 (1) fails to be granted.
(2) The detailed criteria for the revocation of type approval under paragraph (1) shall be determined by Presidential Decree.
 Article 20 (Labelling, etc. of Type Approval Number)
(1) Each person who has obtained type approval for measuring instruments pursuant to Article 14 (1) shall indicate the type approval number on the measuring instruments, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) No one shall indicate any type approval number referred to in paragraph (1) or other similar marks on the measuring instruments which are not type-approved (including measuring instruments type approval for which has been revoked after they were type-approved).
(3) No one shall destroy any labelling of a type approval number.
(4) When the measuring instruments on which the type approval number is indicated are repaired differently in structure from the type-approved measuring instruments, the Minister of Trade, Industry and Energy shall remove the type approval number or stamp a cancellation mark thereon: Provided, That the same shall not apply where the performance of the repaired measuring instruments is recognized to be the same as that of the original measuring instruments by the head of a verification body referred to in Article 25 (1) 1 or the head of a local government in Article 25 (1) 2.
(5) Matters necessary for the labelling of the type approval number under paragraph (1), the removal of such labelling under paragraph (4), etc. shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 21 (Alteration, etc. of Type Approval)
(1) Where any person who has obtained type approval for measuring instruments alters matters prescribed by Presidential Decree, such as structural changes that affect the measuring performance of measuring instruments, he/she shall obtain approval for alteration thereof from a type-approval body.
(2) Matters necessary for the method, procedure, etc. for approval for the alteration under paragraph (1) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 22 (Correction of Defective Products)
(1) Where a measuring instrument is deemed to have a significant defect prescribed by Presidential Decree, such as a defect affecting its range of tolerance, a manufacturer, repairer, or importer shall make public such fact and take necessary measures without delay, such as collection, destruction, repair or exchange of the relevant measuring instrument, refund or corrective measures therefor, the prohibition of manufacturing and distribution thereof and other necessary measures (hereinafter referred to as "collection, etc."), in accordance with the methods and procedures prescribed by the Minister of Trade, Industry and Energy.
(2) Where the manufacturer, repairer, or importer fails to make public the defect or to take measures such as collection, etc. under paragraph (1), the Minister of Trade, Industry and Energy shall issue an order for collection, etc. to him/her, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) Where the manufacturer, repairer or importer fails to execute the corrective order referred to in paragraph (2), the Minister of Trade, Industry and Energy may directly take measures, such as collection, etc. of the relevant measuring instrument. In such cases, the expenses incurred in collection, etc. may be recovered from the relevant manufacturer, repairer, or importer, as prescribed by Presidential Decree.
(4) Where the manufacturer, repairer, or importer takes corrective measures pursuant to paragraphs (1) and (2), he/she shall make a report to the Minister of Trade, Industry and Energy on plans for, and the progress or result of, such corrective measures, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
SECTION 3 Verification, etc. of Measuring Instruments
 Article 23 (Verification)
(1) A manufacturer or importer shall have type-approved measuring instruments (including measuring instruments exempted from type approval pursuant to Article 15 (1) and (2)) undergo verification conducted by the verification body under Article 26: Provided, That any measuring instrument which has been self-verified pursuant to Article 26 (3) shall be exempted therefrom.
(2) The criteria for, the period of validity, etc., of verification referred to in paragraph (1) shall be determined by Presidential Decree.
(3) Matters necessary for the application method, procedures, etc. for verification referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 24 (Re-Verification)
(1) A person who uses a measuring instrument with a period of validity of verification, among measuring instruments that have undergone verification under Article 23 (1), shall have such measuring instrument undergo re-verification before the period of validity of verification expires.
(2) The criteria, period of validity, etc. for re-verification referred to in paragraph (1) shall be determined by Presidential Decree.
(3) Matters necessary for the application method, procedures, etc. for re-verification referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 25 (Re-Verification of Repaired Measuring Instruments)
(1) Notwithstanding Articles 24 (1) and 30 (1), a person intending to use a measuring instrument repaired prior to the expiration of its period of validity of verification or the date of its regular inspection, shall have it undergo re-verification conducted by either of the following:
1. The verification body referred to in Article 26;
2. A local government which meets the requirements prescribed by Presidential Decree for testers, verification facilities and equipment, etc.
(2) The criteria for re-verification referred to in paragraph (1) shall be determined by Presidential Decree.
(3) The period of validity of re-verification referred to in paragraph (1) shall be determined by Presidential Decree.
(4) Matters necessary for the application method, procedures, etc. for re-verification referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 26 (Designation, etc. of Verification Bodies)
(1) The Minister of Trade, Industry and Energy may designate verification bodies to professionally and efficiently perform verification and re-verification business referred to in Articles 23 through 25: Provided, That he/she shall not designate an institution as a verification body, for which one year has yet to elapse after its designation as a verification body is cancelled pursuant to Article 28 (1).
(2) An institution which intends to be designated as a verification body pursuant to paragraph (1) shall file an application with the Minister of Trade, Industry and Energy after satisfying all of the following requirements:
1. To be a non-profit corporation or organization;
2. To meet the requirements prescribed by Presidential Decree for testers, verification facilities and equipment, etc.;
3. To secure independence by not receiving financial assistance from a manufacturer or importer;
4. To be recognized as an inspection body in a field related to measuring instruments under Article 23 of the Framework Act on National Standards.
(3) Notwithstanding paragraph (1), if a manufacturer (including a person who exports measuring instruments to the Republic of Korea after manufacturing them in a foreign country) which meets all of the following requirements, files an application for such designation, the Minister of Trade, Industry and Energy may designate such manufacturer as a manufacturer capable of conducting verification (hereinafter referred to as "self-verification manufacturer") and permit the manufacturer to directly verify (excluding re-verification referred to in Articles 24 and 25) the measuring instruments it manufactured: Provided, That no manufacturer for which one year has yet to elapse after its designation as a self-verification manufacturer is canceled pursuant to Article 28 (1) shall be designated as a self-verification manufacturer:
1. To meet the requirements prescribed by Presidential Decree for testers, verification facilities and equipment, etc.;
2. To be recognized as an inspection body in a field related to measuring instruments under Article 23 of the Framework Act on National Standards;
3. The verification failure rate of measuring instruments during the past two years does not exceed 1/1,000.
(4) Upon receipt of the application referred to in paragraph (2) or (3), the Minister of Trade, Industry and Energy shall designate the applicant for such designation as a verification body or a self-verification manufacturer, except for cases where the applicant falls under the proviso to paragraph (1) or the proviso to paragraph (3) or fails to meet the requirements for designation referred to in paragraph (2) or the main sentence of paragraph (3).
(5) Matters necessary for the method, procedure, etc. for the designation of verification bodies and self-verification manufacturers shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 27 (Matters to be Observed by Verification Bodies)
(1) No head of a verification body shall conduct any of the following:
1. Providing relevant facts, such as application for verification, to interested parties;
2. Any wrongful act prescribed by Presidential Decree, such as exchanging money and goods in relation to verification business;
3. Rejecting a user's request relating to verification without any justifiable ground.
(2) The heads of verification bodies and self-verification manufacturers shall record, manage, and preserve the following matters for a period specified by Presidential Decree:
1. Application documents related to verification;
2. Results of inspection related to verification;
3. Reported matters concerning the statistics of verification referred to in Article 49.
 Article 28 (Cancellation of Designation, etc. of Verification Bodies, etc.)
(1) Where any body or manufacturer designated as a verification body or as a self-verification manufacturer falls under any of the following cases, the Minister of Trade, Industry and Energy may cancel the designation or issue an order to suspend all or part of its business operation for a fixed period not exceeding one year: Provided, That the designation shall be cancelled if it falls under subparagraph 1 or 2:
1. Where such body or manufacturer has been designated as a verification body or self-verification manufacturer by any false or other illegal means;
2. Where such body or manufacturer has performed the business of verification during the period of business suspension;
3. Where such body or manufacturer conducts verification, in violation of the criteria for verification referred to in Article 23 (2);
4. Where such body or manufacturer ceases to meet the criteria for designation referred to in Article 26 (2) or (3);
5. Where such body or manufacturer violates the matters to be observed under Article 27 (1);
6. Where such body or manufacturer has refused to conduct the verification without justifiable grounds.
(2) The detailed criteria for administrative dispositions referred to in paragraph (1) shall be determined by Presidential Decree.
 Article 29 (Labelling, etc. of Verification Marks)
(1) Any verification body, self-verification manufacturer and Mayor/Do Governor shall affix verification marks to measuring instruments which have passed verification administered by itself or himself/herself, and put under seal measuring instruments the structure of which makes it possible to arbitrarily manipulate the measurement error.
(2) No one shall destroy any verification mark or other seal referred to in paragraph (1) for the purpose of altering the relevant measuring instrument.
(3) The Mayor/Do Governor or the head of the verification body shall remove verification marks affixed to measuring instruments which have failed re-verification.
(4) Where measuring instruments marked with the type approval number are manufactured or repaired differently in structure from the type-approved measuring instruments, the Mayor/Do Governor or the head of the verification body shall remove the verification marks affixed to such measuring instruments: Provided, That the same shall not apply where the performance of the repaired measuring instruments is recognized to be the same as or better than that of the original measuring instruments by the head of a verification body referred to in Article 25 (1) 1 or the head of a local government referred to in Article 25 (1) 2.
(5) Matters necessary for affixing verification marks, other seal, etc. under paragraph (1) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
SECTION 4 Regular Inspection, etc. of Measuring Instruments
 Article 30 (Regular Inspections)
(1) A person who uses measuring instruments prescribed by Presidential Decree, other than those subject to re-verification referred to in Article 24 (1), among type-approved measuring instruments shall have such measuring instruments undergo regular inspection conducted by a Mayor/Do Governor once every two years.
(2) The criteria for the regular inspection referred to in paragraph (1) shall be determined by Presidential Decree.
(3) Matters necessary for the application method, procedures, etc. for the regular inspection shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
(4) The Mayor/Do Governor may exempt measuring instruments prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as measuring instruments which have undergone inspection or calibration corresponding to the regular inspection, from the regular inspection referred to in paragraph (1).
 Article 31 (Occasional Inspections)
The Minister of Trade, Industry and Energy and a Mayor/Do Governor may occasionally inspect type-approved measuring instruments to verify whether they have undergone verification, re-verification, and regular inspections.
 Article 32 (Designation, etc. of Dealers Capable of Conducting Regular Self-Inspection)
(1) Notwithstanding Article 30, a Mayor/Do Governor may designate a dealer capable of conducting regular inspection and permit him/her to regularly inspect measuring instruments he/she manufactures, imports, or uses: Provided, That the Mayor/Do Governor shall not designate a person as a dealer capable of conducting regular self-inspection, for whom one year has yet to elapse after the designation of a dealer capable of conducting regular self-inspection is cancelled pursuant to Article 33 (1).
(2) A person who intends to be designated pursuant to paragraph (1) shall file an application for such designation with the Mayor/Do Governor after satisfying the requirements prescribed by Presidential Decree for inspectors, inspection facilities, and equipment, etc.
(3) Matters necessary for the methods, procedures, etc. for applying for the designation under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 33 (Cancellation of Designation, etc. of Dealers Capable of Conducting Regular Self-Inspection)
(1) Where a person designated as a dealer capable of conducting the regular inspection pursuant to Article 32 (1) (hereinafter referred to as "dealer capable of conducting regular self-inspection) falls under any of the following cases, a Mayor/Do Governor may cancel his/her designation: Provided, That such designation shall be cancelled if he/she falls under subparagraph 1:
1. Where he/she has been designated as a dealer capable of conducting regular self-inspection by fraud or other wrongful means;
2. Where he/she carries out inspection, in violation of the criteria for regular inspection referred to in Article 30 (2);
3. Where he/she ceases to meet the criteria for designation referred to in Article 32 (2).
(2) A person for whom the designation has been cancelled pursuant to paragraph (1) shall have the measuring instruments he/she inspected himself/herself undergo the same inspection as a regular inspection conducted by the Mayor/Do Governor within three months from the date of cancellation of designation.
(3) The detailed criteria for cancelation of the designation referred to in paragraph (1) shall be determined by Presidential Decree.
 Article 34 (Labelling, etc. of Inspection Marks)
(1) Each Mayor/Do Governor and dealer capable of conducting regular self-inspection shall affix inspection marks to measuring instruments which have passed a regular inspection referred to in Article 30 (1).
(2) Each Mayor/Do Governor and dealer capable of conducting regular self-inspection shall remove inspection marks affixed to measuring instruments, which have failed to pass a regular inspection.
(3) Where any measuring instrument marked with a type approval number is manufactured or repaired differently in structure from the type-approved measuring instrument, a Mayor/Do Governor or a dealer capable of conducting regular self-inspection shall remove the inspection mark affixed to such measuring instrument: Provided, That the same shall not apply where the performance of repaired measuring instruments is recognized to be at least as good as that of the original measuring instruments by the head of a verification body referred to in Article 25 (1) 1 or the head of a local government referred to in Article 25 (1) 2.
(4) Matters necessary for affixing and removing inspection marks under paragraphs (1) through (3) and other matters, shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
SECTION 5 GENERAL MATTERS TO BE OBSERVED IN MEASUREMENT
 Article 35 (Restrictions on Transfer, etc.)
No one shall transfer or lease any of the following measuring instruments or advertise them for the purpose of transfer or lease: Provided, That the same shall not apply to measuring instruments prescribed by Presidential Decree to which it is impracticable to affix a verification mark or inspection mark, such as line-shaped weights and plate-shaped weights less than 1,000 milligrams:
1. Measuring instruments marked in nonlegal units: Provided, That measuring instruments which are permitted to be marked in nonlegal units pursuant to the proviso to Article 6 (1) and Article 6 (3) shall be excluded;
2. Measuring instruments which are not type-approved;
3. Measuring instruments altered differently from type approval;
4. Measuring instruments which have failed to undergo verification under the main sentence of Article 23 (1);
5. Measuring instruments the period of validity of verification referred to in Article 23 (2) for which has expired;
6. Measuring instruments the period of validity of re-verification referred to in Article 24 (2) for which has expired;
7. Measuring instruments not affixed with the verification mark referred to in Article 29 or the inspection mark referred to in Article 34, or affixed with a false seal;
8. Measuring instruments not indicated with the maximum permissible error referred to in Article 38, or indicated falsely.
 Article 36 (Restrictions on Use)
None of the following measuring instruments shall be used to take measurements:
1. Repaired measuring instruments which have failed to undergo re-verification under Article 25 (1);
2. Measuring instruments which have failed to undergo the regular inspection referred to in Article 30 (1);
3. Measuring instruments the transfer or lease of which or advertisements for the transfer or leasing of which are restricted pursuant to Article 35;
4. Measuring instruments in excess of the error of usage referred to in Article 37 (1).
 Article 37 (Obligations, etc. to Take Precise Measurements)
(1) Any person who uses measuring instruments shall take precise measurements, and shall not take measurements in excess of the error of usage prescribed by Presidential Decree.
(2) Any measuring instruments with horizontal devices shall be used when kept constantly in a horizontal state, and any measuring instruments with zero-point adjustment devices shall be used after their zero points are adjusted.
(3) No one shall alter any measuring instrument for the purpose of falsifying the value of measurement, or use any altered measuring instrument.
(4) No one shall use measuring instruments with the knowledge of the fact that the relevant measuring instruments were type-approved falsely or altered differently from type approval therefor.
(5) No one shall use measuring instruments with knowledge of the fact that a false verification mark or inspection mark is affixed thereto.
 Article 38 (Labelling of Maximum Permissible Error, etc.)
Each manufacturer, repairer and importer shall indicate the maximum permissible error and other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy (hereinafter referred to as "maximum permissible error, etc.") on measuring instruments manufactured, repaired or imported.
SECTION 6 CALIBRATION OF MEASURING DEVICES
 Article 39 (Calibration of Measuring Devices)
(1) Each person intending to use a measuring device subject to calibration prescribed by Presidential Decree which need to be calibrated to be used for commercial transactions or certification, among measuring devices under the Framework Act on National Standards, shall have the relevant measuring device undergo calibration referred to in subparagraph 16 of Article 3 of the same Act conducted by an institute exclusively dedicated to nationwide calibration referred to in Article 14 (3) of the same Act.
(2) Each person intending to use a measuring device subject to calibration referred to in paragraph (1) shall have the relevant measuring devices recalibrated before the calibration period prescribed by Presidential Decree expires.
(3) The criteria for calibration under paragraph (1) and recalibration under paragraph (2) shall be determined by Presidential Decree.
 Article 40 (Autonomous Calibration of Measuring Devices)
(1) The type of measuring devices for autonomous calibration which need to be calibrated autonomously by a user of measuring devices subject to calibration shall be prescribed by Presidential Decree.
(2) The Minister of Trade, Industry and Energy may determine and publicly announce the period, procedure, etc. for calibration to efficiently manage the measuring devices for autonomous calibration referred to in paragraph (1).
CHAPTER III MANAGEMENT OF PREPACKAGED PRODUCTS
 Article 41 (Prepackaged Products)
(1) A person who manufactures, imports, processes, or sells any prepackaged products (hereinafter referred to as "prepackaged product dealer") shall label the trade name of a prepackaged product dealer or his/her name and the net quantity on the containers or packages of prepackaged products. In such cases, the quantity labelled on the products and the actual quantity shall not exceed the tolerances prescribed by Presidential Decree.
(2) Matters necessary for the method of labelling the net quantity, criteria for inspection, etc. under paragraph (1) shall be determined by Presidential Decree.
 Article 42 (Correction for Violation of Net Quantity Labelling)
(1) The Minister of Trade, Industry and Energy or a Mayor/Do Governor may require a person who has violated Article 41 (1) to label a net quantity or correct the relevant labelling.
(2) The person ordered to label the net quantity or requested to correct the labelling under paragraph (1) shall report to the Minister of Trade, Industry and Energy or the Mayor/Do Governor on the result of improvement.
(3) Matters necessary for the order to label the net quantity or correction of the labelling under paragraph (1), the report on the result of improvement under paragraph (2) and other matters shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 43 (Self-Declaration of Conformity for Prepackaged Products)
(1) A prepackaged product dealer may make a declaration that an error in the net quantity of the prepackaged products is in conformity with the standards determined by Ordinance of the Ministry of Trade, Industry and Energy (hereinafter referred to as "self-declaration of conformity”) after obtaining a confirmation that such products satisfy the standards (hereinafter referred to as "confirmation of confirmity"), from a conformity assessment body referred to in Article 44 (1).
(2) A prepackaged product dealer who has made the self-declaration of conformity (hereinafter referred to as "dealer capable of making the self-declaration of conformity") shall obtain a confirmation as to whether the prepackaged product subject to the self-declaration of conformity continues to satisfy the criteria under paragraph (1) from a conformity assessment body referred to in Article 44 (1) every three years from the date of the self-declaration of conformity.
(3) Matters necessary for the methods, procedures, etc. for confirmation involving the self-declaration of conformity shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 44 (Designation, etc. of Conformity Assessment Bodies)
(1) The Minister of Trade, Industry and Energy may designate an institute assigned to conformity assessment (hereinafter referred to as "conformity assessment body") to professionally and efficiently conduct a confirmation as to whether an error in the labelling of a net quantity is permissible: Provided, That he/she shall not designate an institution as a conformity assessment body, for which one year has yet to elapse after its designation as a conformity assessment body is canceled pursuant to Article 46 (1).
(2) A person who intends to obtain the designation under paragraph (1) shall file an application for such designation with the Minister of Trade, Industry and Energy after satisfying the requirements prescribed by Presidential Decree for conformity assessment personnel, facilities and equipmentof inspecting the net quantity, etc.
(3) Upon receipt of the application referred to in paragraph (2), the Minister of Trade, Industry and Energy shall designate the institution as a conformity assessment body, except where it falls under the proviso to paragraph (1) or fails to satisfy the requirements for the designation referred to in paragraph (2).
(4) Matters necessary for the method, procedure, etc. for the designation of a conformity assessment body under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 45 (Matters to be Observed by Conformity Assessment Bodies)
(1) No head of any conformity assessment body shall conduct any of the following:
1. Providing relevant facts, such as an application form on the self-declaration of conformity, to interested parties;
2. Wrongful acts prescribed by Presidential Decree, such as exchanging money and goods in relation to conformity assessment;
3. Rejecting a user's request relating to conformity assessment without any justifiable ground.
(2) The heads of conformity assessment bodies shall record, manage, and preserve the following matters for a period specified by Presidential Decree:
1. Application documents relating to self-declaration of conformity;
2. A written confirmation of self-declaration of conformity.
 Article 46 (Cancellation of Designation, etc. of Conformity Assessment Bodies)
(1) Where a conformity assessment body falls under any of the following, the Minister of Trade, Industry and Energy may cancel its designation or issue an order to suspend all or part of its business for a period of up to one year: Provided, That its designation shall be cancelled if it falls under subparagraph 1 or 2:
1. Where it has been designated as a conformity assessment body by any false or other illegal means;
2. Where it has confirmed the self-declaration of conformity during a period of business suspension;
3. Where it ceases to meet the criteria for designation referred to in Article 44 (2);
4. Where it violates any matter to be observed referred to in Article 45 (1);
5. Where it fails to confirm the self-declaration of conformity without justifiable grounds;
6. Where it has confirmed the self-declaration of conformity, not in accordance with the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy pursuant to Article 43 (1).
(2) The detailed criteria for administrative dispositions referred to in paragraph (1) shall be determined by Presidential Decree.
 Article 47 (Labelling of Self-Declaration of Conformity)
(1) A dealer capable of making a self-declaration of conformity may indicate, on the containers or packages of prepackaged products, that such products satisfy the criteria for the conformity assessment (hereinafter referred to as "labelling of the self-declaration of conformity"), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That no dealer capable of making a self-declaration of conformity who has been required to remove the labelling of the self-declaration of conformity pursuant to Article 48 shall make a self-declaration of conformity for the same item for one year from the date of receipt of such disposition.
(2) No person, other than a dealer capable of making a self-declaration of conformity, shall indicate the self-declaration of conformity or similar.
(3) Methods of indicating the self-declaration of conformity shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 48 (Removal of Labelling of Self-Declaration of Conformity)
(1) Where any prepackaged product subject to the self-declaration of conformity falls under any of the following, the relevant conformity assessment body may issue an order to remove a labelling of the self-declaration of conformity, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That it shall issue an order to remove the labelling if such product falls under subparagraph 1 or 4:
1. Where the self-declaration of conformity has been confirmed by any false or other illegal means;
2. Where the labelling of the self-declaration of conformity has been made differently from the details of the self-declaration of conformity confirmed;
3. Where no confirmation under Article 43 (2) has been obtained from the relevant conformity assessment body;
4. Where a person, other than a dealer capable of making a self-declaration of conformity, has made a labelling of the self-declaration of conformity or any labelling similar thereto, in violation of Article 47 (2).
(2) A person who has received an order to remove the labelling of the self-declaration of conformity pursuant to paragraph (1) shall file a report with the Minister of Trade, Industry and Energy or the head of the relevant conformity assessment body on plans for removal of the labelling and the results thereof.
(3) Procedures for removing the labelling of the self-declaration of conformity and filing a report under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
CHAPTER IV FOLLOW-UP MANAGEMENT
 Article 49 (Reporting)
Each of the following persons shall file a report with the Minister of Trade, Industry and Energy on relevant materials prescribed by Presidential Decree, such as control of nonlegal units, registration of the business of manufacturing measuring instruments, statistics of type approval and verification, calibration records of measuring devices subject to calibration, and confirmations of conformity;
1. Mayors/Do Governors;
2. The heads of type-approval bodies;
3. The heads of verification bodiess;
4. Self-verification manufacturers;
5. Dealers capable of conducting regular self-inspection;
6. Heads of conformity assessment bodies;
7. The head of the institute exclusively dedicated to nationwide calibration referred to in Article 14 (3) of the Framework Act on National Standards.
 Article 50 (Investigations, etc.)
(1) The Minister of Trade, Industry and Energy and a Mayor/Do Governor may require public officials under his/her management to perform the following investigative affairs to regulate nonlegal units, check the calibration records of measuring devices subject to calibration, manage the net quantities of prepackaged products, and prevent the distribution of unlawful measuring instruments:
1. Requests for the submission of relevant materials from any manufacturer, etc., any dealer capable of conducting regular self-inspection, any person who takes measurements and person who uses measuring instruments;
2. Visits to workplace, stores, places of business, offices, factories, warehouses, or other necessary places to conduct inspections and ask questions on violations, such as checking whether measuring instruments have been destroyed or manipulated;
3. Investigation into products on the market, such as measuring instruments or prepackaged products in circulation.
(2) In cases of visiting workplaces, stores, places of business, offices, factories, or warehouses of the business operator concerned or other necessary places to conduct inspections or ask questions pursuant to paragraph (1), the inspection plan, including the scheduled date and time, reasons, contents, etc. of inspection, shall be notified to the inspected persons by seven days before such inspection is conducted: Provided, That such notification shall not be required, in cases of an emergency or where it is deemed that prior notification might lead to the destruction of any evidence, making it impossible to attain the objective of such inspection.
(3) Where any measuring instrument or prepackaged product exists which is impracticable to be inspected on the spot, public officials assigned to visit the places of business, conduct inspections or ask questions in accordance with paragraph (1) (hereinafter referred to as "public officials in charge of inspecting measuring instruments") may request the relevant owner or occupant to move such measuring instrument or product to a designated place for a fixed period.
(4) The public officials in charge of inspecting measuring instruments who make visits, conduct inspections, or ask questions pursuant to paragraph (1) shall carry certificates indicating their authority, and present them to relevant persons.
(5) Matters necessary for the procedures for reporting and inspection, criteria for inspection, etc. shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 51 (Publication of Facts of Violation)
(1) In either of the following cases, the Minister of Trade, Industry and Energy may make public the details prescribed by Presidential Decree, such as facts relating to violations:
1. Where corrective measures are not taken, although such measures have been required because a significant defect referred to in Article 22 (1) was found;
2. Where any measuring instrument is altered for the purpose of falsifying the value of measurement or any altered measuring instrument is used, in violation of Article 37 (3).
(2) Matters necessary for the detailed criteria for objects subject to publication, the methods and procedures for the publication under paragraph (1), and other matters shall be determined by Presidential Decree.
 Article 52 (Handling of Illegal Measuring Instruments)
(1) Where any of the following measuring instruments is used for measurement, a Mayor/Do Governor shall remove verification marks or inspection marks therefrom, and attach the mark of prohibition of use prescribed by Ordinance of the Ministry of Trade, Industry and Energy thereto: Provided, That he/she may issue an order to improve the relevant labelling for a fixed period of up to three months, if it falls under subparagraph 4:
1. Measuring instruments manufactured or repaired by any person who has not registered the business of manufacturing measuring instruments or business of repairing measuring instruments referred to in Article 7 (1) or by any person who has not been designated as a self-repairing dealer referred to in Article 8 (1);
2. Measuring instruments imported by any person who has failed to file a report on the import business of measuring instruments referred to in Article 9;
3. Measuring instruments the use of which is restricted pursuant to subparagraphs of Article 36;
4. Measuring instruments with regard to which the obligation to indicate the maximum permissible error, etc. referred to in Article 38 is violated.
(2) No one shall arbitrarily remove any mark of prohibition of use referred to in paragraph (1), or use any measuring instrument from which the mark of prohibition of use has been removed.
(3) Matters necessary for the methods of removing the labelling of verification marks or inspection marks, attaching the mark of prohibition of use under paragraph (1) and other matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 53 (Judicial Police Power)
With respect to crimes provided for in this Act, the public officials in charge of inspecting measuring instruments shall perform the duties of judicial police officer, as prescribed by the Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of Their Duties.
 Article 54 (Consumer Monitors)
(1) The Minister of Trade, Industry and Energy and a Mayor/Do Governor may commission an executive or employee of the Korea Association of Standards and Testing Organizations referred to in Article 65 (1) or consumer organizations registered pursuant to Article 29 of the Framework Act on Consumers or a person commissioned by the Minister of Trade, Industry and Energy, who has good knowledge of measurement, as a consumer monitor (hereinafter referred to as "monitor") in order to efficiently manage measurement, and may subsidize the expenses incurred in fulfilling his/her duties.
(2) Monitors commissioned pursuant to paragraph (1) shall fulfill the following duties:
1. Ascertainment of whether nonlegal units are used;
2. Confirmation of whether measuring instruments have undergone re-verification and regular inspections;
3. Support for regular inspection and control affairs;
4. Other matters prescribed by Presidential Decree concerning measuring instruments.
(3) The Minister of Trade, Industry and Energy and the Mayor/Do Governor shall issue certificates prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the monitors commissioned pursuant to paragraph (1).
(4) The Minister of Trade, Industry and Energy and the Mayor/Do Governor shall provide monitors with education necessary for fulfilling their duties.
(5) Where a commissioned monitor becomes unable to fulfill his/her duties for a reason determined by Presidential Decree, such as a mental or physical disorder, the Minister of Trade, Industry and Energy and the Mayor/Do Governor may decommission him/her.
(6) Matters concerning the monitors' activities shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 55 (Penalty Surcharges)
(1) Where an order for business suspension is to be issued pursuant to Article 18, 28, or 46 and such order for business suspension causes significant inconvenience to persons who benefit from relevant affairs, the Minister of Trade, Industry and Energy may impose a penalty surcharge not exceeding three hundred million won in lieu of such disposition.
(2) The Minister of Trade, Industry and Energy or a Mayor/Do Governor may impose a penalty surcharge not exceeding two hundred million won on a person who has altered any measuring instrument for the purpose of falsifying the value of measurement or has used any altered measuring instrument under Article 37 (3).
(3) The amount of penalty surcharges according to the type, the degree, etc. of violations under paragraph (1) or (2) shall be determined by Presidential Decree.
(4) Where the person on whom a penalty surcharge has been imposed under paragraph (1) or (2) fails to pay the relevant penalty surcharge by the deadline, the Minister of Trade, Industry and Energy or the Mayor/Do Governor shall collect the penalty surcharge in the same manner as delinquent national or local taxes are collected.
 Article 56 (Rewards for Report)
(1) The Minister of Trade, Industry and Energy or a Mayor/Do Governor may grant a reward, within budgetary limits, to a person who reported a person who has used an altered measuring instrument under subparagraph 3 of Article 35 or has altered a measuring instrument for the purpose of falsifying the value of measurement under Article 37 (3).
(2) Matters necessary for the criteria, method and procedure for granting the reward for report under paragraph (1), the specific amount of the reward and other matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
CHAPTER V NURTURING OF MEASUREMENT INDUSTRY
 Article 57 (Support for Nurturing of Measurement Industry)
(1) The Minister of Trade, Industry and Energy may conduct any of the following projects to promote the sound development and enhance competitiveness of the measurement industry:
1. A project designed to conduct surveys and research on policies and systems for the measurement industry;
2. A project designed to support the establishment of business related to the measurement industry;
3. A project designed to nurture professional manpower of technology in the measurement industry;
4. A project designed to assist measurement business operators in expanding their businesses overseas;
5. A project designed to support international cooperation activities referred to in Article 60;
6. A project designed to develop standards for type approval and verification skills for measuring instruments;
7. A project designed to conduct research and development of type approval and verification assessment technologies;
8. Other projects deemed by the Minister of Trade, Industry and Energy necessary for nurturing the measurement industry.
(2) If deemed necessary to facilitate promoting the activities referred to in paragraph (1), the Minister of Trade, Industry and Energy may provide administrative and financial assistance to business operators, organizations and institutions concerned.
 Article 58 (Implementation of Pilot Projects)
(1) The Minister of Trade, Industry and Energy may provide research and development, etc. outcomes referred to in Article 57 (1) 2 through 6 to enterprises related to the measurement industry, and may carry out pilot projects on the use and dissemination of measurement technologies, etc., if deemed necessary to promote linkage with relevant industries.
(2) The Minister of Trade, Industry and Energy may provide administrative and financial assistance to business operators, organizations and institutions related to the measurement industry which participate in a pilot project referred to in paragraph (1).
(3) Matters necessary for the formulation of plans for pilot projects referred to in paragraph (1), the procedures for promoting such projects, and other matters shall be determined by Presidential Decree.
 Article 59 (Surveys)
(1) The Minister of Trade, Industry and Energy may conduct surveys on the following matters to obtain basic data necessary for promoting projects under Article 57 (1):
1. The current state of the domestic and international measurement industry;
2. The current state of the development and distribution of measurement technologies;
3. The current state, career, etc. of measurement-related professional manpower of technology;
4. Matters for the commercialization, etc. of measurement technologies;
5. Other matters deemed necessary by the Minister of Trade, Industry and Energy.
(2) The Minister of Trade, Industry and Energy may request the head of a business operator, organization or institutions related to the measurement industry to submit data, etc. necessary for the surveys referred to in paragraph (1). In such cases, any person requested to submit data, etc. shall cooperate with such request, except in extenuating circumstances.
 Article 60 (Support, etc. for International Cooperation Activities)
The Minister of Trade, Industry and Energy may carry out the following activities in cooperation with organizations prescribed by Presidential Decree, such as foreign governments, in order to support export and facilitate technological development by operators related to measuring instruments:
1. International joint research to commercialize measurement technologies;
2. Exchange of technological information relating to measurement;
3. Activities to promote the Mutual Recognition Agreement on Measurement;
4. Other matters deemed by the Minister of Trade, Industry and Energy necessary for nurturing the measurement industry.
 Article 61 (Comprehensive Management, etc. of Measurement Information)
(1) The Minister of Trade, Industry and Energy may establish a comprehensive measurement management system to efficiently manage measurement information on the following matters and to assist enterprises in developing measuring instruments using new technology:
1. Matters on registration, etc. of the business of manufacturing measuring instruments referred to in Article 7 (1);
2. Records of type approval;
3. The current status of verification under Article 23 (1), re-verification under Article 24 (1), and re-verification of repaired measuring instruments under Article 25 (1);
4. The current status of regular inspections referred to in Article 30 (1);
5. Calibration records of measuring devices subject to calibration referred to in Article 39 (1);
6. The current status of products which have obtained the conformity assessment and dealers capable of making a self-declaration of conformity;
7. Results of surveys on pilot products referred to in Article 50 (1) 3.
(2) If necessary, the Minister of Trade, Industry and Energy may provide the measurement information referred to in paragraph (1) to relevant administrative agencies, consumers, etc.: Provided, That matters concerning personal information referred to in subparagraph 1 of Article 2 of the Personal Information Protection Act shall be excluded therefrom.
(3) Matters necessary for the establishment, operation, etc. of the comprehensive measurement management system referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 62 (Request, etc. for Measurement Information)
(1) The Minister of Trade, Industry and Energy may request any of the following persons to submit necessary data for the comprehensive management of measurement information referred to in Article 61. In such cases, the person so requested shall comply with such request, except in extenuating circumstances:
1. A manufacturer, repairer, measurement, and certification business operator, self-repairing dealer and importer;
2. A person required to have his/her measuring instruments undergo re-verification under Article 24 (1);
3. The head of the Korea Association of Standards and Testing Organizations referred to in Article 65 (1).
(2) The procedures for requesting measurement information referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 63 (Succession of Status)
(1) Where any of the following persons transfers all or part of the business which he/she registered, reported, or obtained designation for or such person dies, or where a corporation merges, the transferee, the inheritor, or the corporation surviving the merger or established through the merger shall succeed the status of a business operator who registered or reported the business, designated institution, or designated dealer:
1. A manufacturer, etc.;
2. The head of a type-approval body under the main sentence of Article 16 (1);
3. The head of a verification body under the main sentence of Article 26 (1);
4. A self-verification manufacturer;
5. A dealer capable of conducting regular self-inspection;
6. A dealer capable of making a self-declaration of conformity;
7. The head of a conformity assessment body.
(2) The person, who has succeeded the status of the business operator who registered or reported the business, designated institution or designated dealer, shall file a report with the Minister of Trade, Industry and Energy or a Mayor/Do Governor within three months from the date of the succession of the status.
(3) Within seven days of the receipt of the report prescribed in paragraph (2), the Minister of Trade, Industry and Energy or the Mayor/Do Governor shall notify the reporter of whether the report has been accepted. <Newly Inserted by Act No. 15174, Dec. 12, 2017>
(4) Where the Minister of Trade, Industry and Energy or the Mayor/Do Governor fails to notify the reporter of whether the report has been accepted or the treatment period has been extended pursuant to Acts or subordinate statues concerning treatment of civil petitions within the deadline prescribed in paragraph (3), it shall be deemed that he/she has accepted the report on the day following the date when the period (referring to the relevant treatment period, where a treatment period is extended or extended again pursuant to Acts or subordinate statues concerning treatment of civil petitions) ends. <Newly Inserted by Act No. 15174, Dec. 12, 2017>
(5) Matters necessary for methods for filing an application necessary for succession to a status prescribed in paragraphs (1) and (2) and procedures for making a report, etc. shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 64 (Personnel Management of Public Officials in Charge of Inspecting Measuring Instruments)
A Mayor/Do Governor shall formulate and implement the necessary standards for personnel management, such as the position of public officials in charge of inspecting measuring instruments, in order to secure specialty and continuity of measurement-related business and maintain reliability of such business.
 Article 65 (Korea Association of Standards and Testing Organizations)
(1) Manufacturers, repairers, measurement and certification business operators, and designated institutes exclusively dedicated to nationwide calibration under Article 14 (3) of the Framework Act on National Standards may establish a Korea Association of Standards and Testing Organization (hereinafter referred to as the "Association") subject to authorization by the Minister of Trade, Industry and Energy.
(2) The Association shall carry out any of the following projects:
1. A project relating to guidance, surveys, management of statistics, public relations, etc. aimed at developing the measurement industry and enhancing the precision of measurements;
2. A project designed to cultivate professional manpower for technology in the measurement industry;
3. A project designed to develop and disseminate the technical standards for measuring instruments and the collective standards under Article 27 of the Industrial Standardization Act;
4. A project relating to the recognition of testing and inspection bodies under Article 23 of the Framework Act on National Standards;
5. A project designed to promote cooperation with international organizations and foreign organizations related to measurement;
6. A project designed to support the follow-up management of measuring instruments and the affairs to control the use of nonlegal units;
7. Surveys on prepackaged products circulated in the market;
8. Other projects relating to measurement, designated or commissioned by the Minister of Trade, Industry and Energy.
(3) The Association shall be a legal entity.
(4) Matters necessary for the establishment, operation, supervision, etc. of the Association shall be prescribed by Presidential Decree.
 Article 66 (Hearings)
(1) The Minister of Trade, Industry and Energy shall hold a hearing if he/she intends to make any of the following dispositions:
1. Cancellation of designation of a type-approval body and suspension of business thereof referred to in Article 18 (1);
2. Revocation of type approval referred to in Article 19 (1);
3. Cancellation of designation, or suspension of business, of a verification body or self-verification manufacturer referred to in Article 28 (1);
4. Cancellation of designation, or suspension of business, of a conformity assessment body referred to in Article 46 (1);
5. Rejection of applications for the designation of a type-approval body referred to in Article 16 (2), a verification body or self-verification manufacturer referred to in Article 26 (2) or (3), or a conformity assessment body referred to in Article 44 (2).
(2) A Mayor/Do Governor shall hold a hearing if he/she intends to cancel any registration or designation or issue an order to close a place of business under Articles and 13 and 33 (1).
 Article 67 (Fees)
Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy:
1. A person who intends to file for registration pursuant to Article 7 (1);
2. A person who intents to be designated pursuant to Article 8 (2);
3. A person who intends to file a report on import business referred to in Article 9 (1) or on alteration thereof referred to in Article 9 (2);
4. A person who intends to obtain type approval or approval for alteration thereof referred to in Article 21 (1);
5. An institution which intends to be designated as a type-approval body referred to in Article 16 (1);
6. A person who intends to have his/her measuring instruments undergo verification referred to in Article 23 (1) or re-verification referred to in Article 24 (1);
7. A person who intends to have his/her repaired measuring instruments undergo re-verification under Article 25 (1);
8. An institution which intends to be designated as a verification body referred to in Article 26 (1);
9. A person who intends to be designated as a self-verification manufacturer;
10. A person who intends to have his/her measuring instruments undergo regular inspection referred to in Article 30 (1);
11. A person who intends to be designated as a dealer capable of conducting regular self-inspection;
12. A person who intends to have his/her measuring instruments calibrated pursuant to Articles 39 and 40;
13. A person who intends to receive a conformity assessment from a conformity assessment body pursuant to Article 43 (1);
14. A body which intends to be designated as a conformity assessment body.
 Article 68 (Delegation of Authority)
(1) Part of the authority of the Minister of Trade, Industry and Energy conferred by this Act may be delegated to a Mayor/Do Governor or the head of an institution under his/her management, as prescribed by Presidential Decree.
(2) Part of the authority of a Mayor/Do Governor conferred by this Act may be delegated to the head of a Si/Gun, the head of an autonomous Gu, or the head of an institution under his/her management, as prescribed by Presidential Decree.
(3) Part of the authority of the Mayor/Do Governor delegated pursuant to paragraph (1) may be sub-delegated to the head of a Si/Gun, the head of an autonomous Gu, or the head of an institution under his/her management, subject to approval from the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree.
 Article 69 (Entrustment of Business Affairs)
(1) Part of the business affairs of the Minister of Trade, Industry and Energy and a Mayor/Do Governor under this Act may be entrusted to a corporation or an organization prescribed by Presidential Decree, as prescribed by Presidential Decree.
(2) Where the Minister of Trade, Industry and Energy and the Mayor/Do Governor entrusts his/her business pursuant to paragraph (1), he/she shall determine the entrusted body, the details of business, and other necessary matters, and make notification thereof in the Official Gazette.
 Article 70 (Legal Fiction as Public Officials in Application of Penalty Provisions)
For the purposes of the penalty provisions under Articles 129 through 133 of the Criminal Act, executives and employees of corporations or organizations engaged in business affairs entrusted by the Minister of Trade, Industry and Energy or a Mayor/Do Governor pursuant to Article 69 shall be deemed public officials.
CHAPTER VII PENALTY PROVISIONS
 Article 71 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won, or may be punished by concurrent imposition of such penalties:
1. A person who transfers or leases any measuring instrument altered differently from type approval therefor or advertises such measuring instrument for the purpose of transfer or lease, in violation of subparagraph 3 of Article 35;
2. A person who uses any measuring instrument the transfer or leasing of which and advertisements for the transfer or leasing of which are restricted (referring to measuring instruments altered differently from type approval therefor under subparagraph 3 of Article 35), in violation of subparagraph 3 of Article 36;
3. A person who alters any measuring instrument for the purpose of changing the value of measurement or uses any altered measuring instrument, in violation of Article 37 (3);
4. A person who uses any measuring instrument with knowledge of the fact that it was altered inconsistently with type approval therefor, in violation of Article 37 (4);
5. A person who arbitrarily removes the mark of prohibition of use or uses any measuring instrument from which such mark has been removed, in violation of Article 52 (2).
 Article 72 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won, or may be punished by concurrent imposition of such penalties:
1. A person who manufactures or repairs measuring instruments not registered, in violation of Article 7 (1);
2. A person who repairs measuring instruments although he/she is not a designated self-repairing dealer, in violation of Article 8 (1);
3. A person who imports measuring instruments without filing a report thereon, in violation of Article 9 (1);
4. A person who indicates a type approval number or other similar mark on any measuring instrument not type-approved (referring to measuring instruments type approval for which has been revoked after obtaining type approval), in violation of Article 20 (2);
5. A person who destroys the labelling of a type approval number, in violation of Article 20 (3);
6. A person who destroys a verification mark or other seal for the purpose of altering any measuring instrument, in violation of Article 29 (2);
7. A person who conducts regular inspections of measuring instruments despite not having been designated as a dealer capable of conducting regular self-inspection, in violation of Article 32 (1);
8. A person who transfers or leases any measuring instrument which is not type-approved or advertises such measuring instrument for the purpose of transfer or lease thereof, in violation of subparagraph 2 of Article 35;
9. A person who transfers or leases any measuring instrument which has not undergone verification or advertises such measuring instrument for the purpose of transfer or lease thereof, in violation of subparagraph 4 of Article 35;
10. A person who transfers or leases any measuring instrument to which no verification mark or inspection mark has been affixed or to which a false mark is affixed, or advertises such measuring instrument for the purpose of transfer or lease thereof, in violation of subparagraph 7 of Article 35;
11. A person who uses any measuring instrument the transfer or lease of which or advertisements for the transfer or leasing of which are restricted (referring to the measuring instruments which are not type-approved under subparagraph 2 of Article 35), in violation of subparagraph 3 of Article 36;
12. A person who uses any measuring instrument the transfer or lease of which, or advertisements for the transfer or lease of which are restricted (referring to the measuring instruments which have failed to undergo verification under subparagraph 4 of Article 35), in violation of subparagraph 3 of Article 36;
13. A person who uses any measuring instrument the transfer or lease of which or advertisements for the transfer or lease of which are restricted (referring to measuring instruments to which no verification mark or inspection mark is affixed or to which a false mark is affixed under subparagraph 7 of Article 35), in violation of subparagraph 3 of Article 36;
14. A person who uses any measuring instrument with knowledge of the fact that it is type-approved falsely, in violation of Article 37 (4);
15. A person who uses any measuring instrument with knowledge of the fact that the relevant measuring instrument is affixed with a false verification mark or inspection mark, in violation of Article 37 (5);
16. A person who indicates the self-declaration of conformity or other similar ones, in violation of Article 47 (2).
 Article 73 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won, or may be punished by concurrent imposition of such penalties:
1. A person who manufactures or imports any measuring instrument marked in nonlegal units, in violation of Article 6 (1);
2. A person who fails to execute an order to mark legal units, an order to label the net quantity, or a request for correcting a labelling under Article 42 (1), in violation of Article 6 (4);
3. A person who runs the business of measurement and certification without registering his/her business, in violation of Article 7 (1);
4. A person who fails to execute a corrective order referred to in Article 22 (2);
5. A person who fails to indicate, or falsely indicate, the maximum permissible error, etc., in violation of Article 38;
6. A person who fails to label the net quantity or labelss the quantity marked on a relevant product and the actual quantity in excess of the permissible error, in violation of Article 41 (1);
7. A person who fails to remove a labelling of the self-declaration of conformity, in violation of the order referred to in Article 48 (1).
 Article 74 (Attempted Criminal)
Any person who has attempted to commit any crime prescribed in subparagraphs 1 and 2 of Article 71, subparagraphs 1 through 3 of Article 72, and subparagraphs 9 and 10 of Article 72 shall be punished.
 Article 75 (Joint Penalty Provisions)
If a representative of a corporation or an agent, an employee, or other servant of the corporation or an individual commits a violation under Articles 71 through 74 in relation to the business of the corporation or individual, in addition to the punishment of such violator, the corporation or the individual also shall be punished by a fine under each relevant Article in addition: Provided, this shall not apply where such corporation or individual has not been negligent in giving the due attention and supervision concerning the relevant duties to prevent such violation.
 Article 76 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding three million won:
1. A person who manufactures or imports any product marked in nonlegal units, in violation of Article 6 (1);
2. A person who fails to make public any defect of a measuring instrument or does so falsely, in violation of Article 22 (1);
3. A person who transfers or leases measuring instruments marked in nonlegal units or advertises such measuring instruments for the purpose of transfer or lease, in violation of subparagraph 1 of Article 35;
4. A person who uses any measuring instrument the transfer or lease of which or advertisements for the transfer or lease of which are restricted (referring to the measuring instruments marked in nonlegal units under the main sentence of subparagraph 1 of Article 35), in violation of subparagraph 3 of Article 36;
5. A person who uses any measuring instrument in excess of the error of usage, in violation of subparagraph 4 of Article 36;
6. A person who takes measurements in excess of the error of usage, in violation of Article 37 (1).
(2) Any of the following persons shall be punished by an administrative fine not exceeding one million won:
1. A person who uses nonlegal units for measurement or advertisements, in violation of Article 6 (2);
2. A person who fails to report on results, in violation of Articles 6 (5) or 42 (2);
3. A person who fails to report on changes, in violation of Articles 7 (4), 8 (4) and 9 (2);
4. A person who fails to preserve relevant records, in violation of Article 11 (3);
5. A person who fails to file a report on discontinuance of business, etc. in violation of Article 12 (1);
6. A person who fails to preserve relevant records, in violation of Article 17 (2);
7. A person who fails to make a report on the plans for, progress and result of, corrective measures referred to in Articles 22 (4) and 48 (2);
8. A person who uses any measuring instrument, the period of validity of which has elapsed without having such measuring instrument re-verified, in violation of Article 24 (1);
9. A person who fails to preserve relevant records, in violation of Article 27 (2);
10. A person who transfers or leases any measuring instrument, the period of validity of verification of which or the period of validity of re-verification of which has elapsed, or advertises such measuring instrument for the purpose of transfer or lease, in violation of subparagraph 5 or 6 of Article 35;
11. A person who transfers or leases any measuring instrument which is not marked with the maximum permissible error, etc. or marked falsely, or advertises such measuring instrument for the purpose of transfer or lease, in violation of subparagraph 8 of Article 35;
12. A person who uses any repaired measuring instrument which has failed to undergo re-verification, in violation of subparagraph 1 of Article 36;
13. A person who uses any measuring instrument which has failed to undergo regular inspection, in violation of subparagraph 2 of Article 36;
14. A person who uses any measuring instrument the transfer or lease of which or advertisements for the transfer or lease of which are restricted (referring to the measuring instruments the period of validity of re-verification of which has elapsed under subparagraph 6 of Article 35), in violation of subparagraph 3 of Article 36;
15. A person who uses any measuring instrument, the transfer or leasing of which or advertisements for the transfer or leasing of which are restricted (referring to the measuring instruments referred to in subparagraph 8 of Article 35), in violation of subparagraph 3 of Article 36;
16. A person who uses any measuring device subject to calibration not calibrated or recalibrated, in violation of Article 39;
17. A person who fails to indicate the trade name of a prepackaged product dealer or his/her name on the containers or packages of prepackaged products, in violation of Article 41 (1);
18. A person who fails to preserve the relevant records referred to in Article 45 (2);
19. A person who refuses, hinders or evades investigation referred to in Article 50 (1);
20. A person who fails to comply with a request to move a measuring instrument or prepackaged product, in violation of Article 50 (3);
21. A person who fails to submit data, in violation of Article 62 (1).
(3) Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Trade, Industry and Energy or a Mayor/Do Governor, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Article 2 (Applicability to Report on Discontinuance of Business, etc.)
The amended provisions of Article 12 shall apply, starting with the first manufacturer, etc. who discontinues or suspends business after this Act enters into force.
Article 3 (Applicability to Penalty Surcharges)
The amended provisions of Article 55 shall apply, starting with the first person who commits violation subject to a disposition of business suspension after this Act enters into force.
Article 4 (Transitional Measures concerning Net Quantity-Labelled Products, etc.)
The fixed quantity, fixed quantity-indicated products, and an error in the fixed quantity under former subparagraph 4 of Article 2 and Article 26 at the time this Act enters into force shall be construed as the net quantity, prepackaged products, and an error in the net quantity under the amended provisions of subparagraph 3 of Article 2 and Article 43.
Article 5 (Transitional Measures concerning Registration, etc. of Business of Manufacturing Measuring Instruments)
(1) Each person who has registered the manufacturing business of measuring instruments, repairing business of measuring instruments or business of measurement and certification, or has been recognized as a self-repairing dealer under former Articles 6 and 7 shall be deemed a person who has registered the business of manufacturing measuring instruments, business of repairing measuring instruments, or business of measurement and certification, or has been designated as a self-repairing dealer under the amended provisions of Articles 7 and 8.
(2) The person deemed registered the manufacturing business of measuring instruments, repairing business of measuring instruments or business of measurement and certification or deemed designated as a self-repairing dealer under paragraph (1) shall remove the grounds for disqualification for registration, etc. of manufacturing business under the amended provisions of Article 10 within one year after this Act enters into force.
Article 6 (Transitional Measures concerning Report on Import Business)
A person who runs the import business of measuring instruments at the time this Act enters into force may run the import business of measuring instruments without filing a report thereon under the amended provisions of Article 9 until three months after this Act enters into force.
Article 7 (Transitional Measures concerning Type Approval, Verification, Re-Verification, or Regular Inspections of Measuring Instruments)
Measuring instruments regarding which type approval has been granted or which have undergone verification, re-verification, or regular inspections under former Articles 12, 20 (1), (2) and (4), and 32 shall be deemed obtained type approval or undergone verification, re-verification or regular inspections under the amended provisions of Articles 14, 23, 24, and 30 during the period of validity of such measuring instruments.
Article 8 (Transitional Measures concerning Designation of Type-Approval Bodies and Verification Bodies for Measuring Instruments)
An institution designated as a type-approval body or verification body for measuring instruments under former Articles 14 and 21 (1) as at the time this Act enters into force shall be deemed designated under this Act: Provided, That it shall obtain such designation under the amended provisions of Articles 16 and 26 within one year after this Act enters into force.
Article 9 (Transitional Measures concerning Self-Verification Manufacturers of Measuring Instruments)
A person designated as a self-verification manufacturer of measuring instruments under former Article 21 (3) at the time this Act enters into force shall be deemed designated as a self-verification manufacturer of measuring instruments under this Act, but he/she shall be designated as a self-verification manufacturer of measuring instruments under the amended provisions of Article 26 (3) within one year after this Act enters into force.
Article 10 (Transitional Measures concerning Calibration of Measuring Devices)
(1) Measuring devices tested with standard measuring instruments under former Article 24 at the time this Act enters into force shall be deemed calibrated under the amended provisions of Article 39 (1).
(2) A person using any measuring device subject to calibration under the amended provisions of Article 39 (1) (excluding measuring devices tested with standard measuring instruments under paragraph (1)) at the time this Act enters into force shall have such measuring device calibrated under the same amended provisions within six months after this Act enters into force.
Article 11 (Transitional Measures concerning Dealers Capable of Making Self-Declaration of Conformity)
A net quantity-indicated product dealer who has made a self-declaration of conformity under former Article 26 at the time this Act enters into force shall be deemed a dealer capable of making a self-declaration of conformity under the amended provisions of Article 43 (2).
Article 12 (Transitional Measures concerning Conformity Assessment Bodies)
An institution designated as a conformity assessment body under former Article 27 at the time this Act enters into force shall be deemed an institution designated as a conformity assessment body under the amended provisions of Article 44 (1).
Article 13 (Transitional Measures concerning Removal of Labelling of Self-Declaration of Conformity)
Former Article 31 (3) shall apply to restrictions on the self-declaration of conformity for dealers capable of making a self-declaration of conformity required to remove the labelling of the self-declaration of conformity under former Article 30 as at the time this Act enters into force.
Article 14 (Transitional Measures concerning Regular Inspection of Measuring Instruments)
Measuring instruments subject to regular inspection which have been calibrated under former Article 32 (4) as at the time this Act enters into force shall be deemed to have undergone regular inspection under the amended provisions of Article 30 (1) during the period of validity thereof.
Article 15 (Transitional Measures concerning Administrative Dispositions)
The former provisions shall apply to the acts of violation referred to in former subparagraphs 3 and 4 of Article 38 before this Act enters into force.
Article 16 (Transitional Measures concerning Penalties and Administrative Fines)
The former provisions shall apply to the application of penalties and administrative fines to the violation committed before this Act enters into force.
Article 17 Omitted.
Article 18 (Relationship with other Statutes)
Where provisions of the former Measures, etc. are cited in other statutes at the time this Act enters into force, the relevant provisions of this Act shall be deemed cited in lieu of the former provisions if such corresponding provisions exist in this Act.
ADDENDUM <Act No. 14661, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15174, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicable Examples)
The amended provisions of Articles 7 (5) and (6), 8 (5) and (6), 9 (3) and (4) and 63 (3) and (4) shall apply, beginning with the first report or report on changes after this Act enters into force.