CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect the lives, bodies, and property of people and promote the benefits and safety of consumers by providing matters related to safety control of electrical appliances and consumer products.
The terms used in this Act shall be defined as follows:
| 1. | The term "electrical appliances" means industrially manufactured products that can be used by connection to an alternating or direct current power source or components or parts of such products; |
| 2. | The term "consumer products" means industrially manufactured products for consumer use without additional assembling (excluding simple assembling) or components or parts of such products (excluding electrical appliances); |
| 3. | The term "production" means manufacturing, assembling, or processing electrical products or consumer products for the purpose of distributing or renting; |
| 4. | The term "safety control of products" means activities of controlling production, importation, distribution, etc. of products in order to prevent hazards to consumers' lives or bodies or damage to property or to the natural environment, which might arise in the course of handling and using products; |
| 5. | The term "safety certification" means to certify safety of a product after testing the product and inspecting a factory of the product; |
| 6. | The term "safety assurance" means to assure that a product conforms to safety standards as a result of a safety assurance test conducted by a testing agency for safety assurance; |
| 7. | The term "supplier's assurance of conformity" means that a supplier assures that any of its products conforms to safety standards by voluntarily testing the product or requesting a third party to test the product; |
| 8. | The term "product testing" means conducting a test in order to verify safety of a product itself; |
| 9. | The term "factory assessment" means assessing manufacturing facilities, testing facilities, technical capacity, and manufacturing system necessary for manufacturing products; |
| 10. | The term "products subject to safety certification" means the following electrical appliances and consumer products: |
| (a) | Electrical appliances subject to safety certification: Electrical appliances specified and recognized by Ordinance of the Ministry of Trade, Industry and Energy, through safety certification, due to the recognition that such certification can prevent hazards, such as fire and electrocution, caused by electrical appliances due to their structures, methods of use, etc.; |
| (b) | Consumer products subject to safety certification: Consumer products specified and recognized by Ordinance of the Ministry of Trade, Industry and Energy, through safety certification, due to the recognition that such certification can prevent hazards to lives and bodies of consumers or damage to property or to the natural environment, caused by consumer products due to their structures, materials, methods of use, etc.; |
| 11. | The term "products subject to safety assurance" means the following electrical appliances and consumer products: |
| (a) | Electrical appliances subject to safety assurance: Electrical appliances specified and approved by Ordinance of the Ministry of Trade, Industry and Energy, through product tests conducted by an institution designated by the Minister of Trade, Industry and Energy, due to the recognition that such assurance can prevent hazards, such as fire and electrocution, among electrical appliances that are likely to cause such hazards due to their structures, methods of use, etc.; |
| (b) | Consumer products subject to safety certification: Consumer products specified and approved by Ordinance of the Ministry of Trade, Industry and Energy, through product tests conducted by an institution designated by the Minister of Trade, Industry and Energy, due to the recognition that such certification can prevent hazards to lives and bodies of consumers or damage to property or to the natural environment, among consumer products that are likely to cause such hazards due to their structures, materials, methods of use, etc.; |
| 12. | The term "products subject to the supplier's assurance of conformity" means the following electrical appliances and consumer products: |
| (a) | Electrical appliances subject to the supplier's assurance of conformity: Electrical appliances specified and approved by Ordinance of the Ministry of Trade, Industry and Energy, through product tests conducted by the manufacturer or importer directly or by a third party at the request of the manufacturer or importer, due to the recognition that such assurance can prevent hazards, such as fire and electrocution, among electrical appliances that are likely to cause such hazards due to their structures, methods of use, etc.; |
| (b) | Consumer products subject to the supplier's assurance of conformity: Consumer products specified and approved by Ordinance of the Ministry of Trade, Industry and Energy, through product tests conducted by the manufacturer or importer directly or by a third party at the request of the manufacturer or importer, due to the recognition that such assurance can prevent hazards, among consumer products that are likely to cause an accident or inflict an injury on consumers, while consumers handle, use, transport, or manage them otherwise, and consumer products of which consumers can hardly identify ingredients, performance, specifications, etc.; |
| 13. | The term "child protective packaging" means packages and containers designed and devised to make it difficult for children aged less than five years to take out contents therein within a certain period of time, although adults can easily open them; |
| 14. | The term "consumer products subject to child protective packaging" means consumer products specified by Ordinance of the Ministry of Trade, Industry and Energy as those subject to child protective packaging, among consumer products that are likely to cause hazards, such as poisoning, if a consumer drinks or inhales them; |
| Article 3 (Product Safety Deliberation Committee) |
| (1) | The Product Safety Deliberation Committee (hereinafter referred to as the "Committee") shall be established as an organ affiliated to the Ministry of Trade, Industry and Energy in order to deliberate on the following matters for safety control of electrical appliances and consumer products: |
| 1. | Matters concerning the designation of products subject to safety certification, products subject to safety assurance, products subject to the supplier's assurance of conformity, and consumer products subject to child protective packaging (hereinafter referred to as "products subject to safety control") and the amendment of such designation; |
| 2. | Matters concerning the establishment, amendment, etc. of safety standards for testing products subject to safety control; |
| 3. | Matters on which the Minister of Trade, Industry and Energy request the Committee to deliberate in connection with an action or measure taken against a violation of this Act by a product subject to safety control; |
| 4. | Matters concerning safety inspection of electrical appliances and consumer products; |
| 5. | Matters concerning comprehensive plans for responding to accidents caused by electrical appliances and consumer products; |
| 6. | Matters specified by any other statute as those subject to deliberation by the Committee; |
| 7. | Other matters referred to the Committee by the Minister of Trade, Industry and Energy, among important matters included in the policy on safety control of products. |
| (2) | The Committee shall be composed of not more than 25 members, including one chairperson, and the chairperson shall be elected by and among committee members, while committee members shall consist of the following persons: <Amended by Act No. 14839, Jul. 26, 2017> |
| 1. | Persons nominated by the head of the administrative agency to which they belong, among Grade-III public officials and public officials equivalent to Grade-III, who are in charge of affairs related to safety control of products in the Ministry of the Interior and Safety, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Food and Drug Safety, and the Fair Trade Commission, or public officials who are members of the Senior Executive Service; |
| 2. | Persons nominated by the President of the Korea Consumer Agency under Article 33 of the Framework Act on Consumers, from among employees who are in charge of affairs related to safety control of products in the Korea Consumer Agency; |
| 4. | Other persons commissioned by the Minister of Public Safety and Security, considering gender, from among persons who have abundant knowledge and experience in safety control of products. |
| (3) | The term of office of the committee members appointed or commissioned under paragraph (2) 3 or 4 shall be three years and may be renewed consecutively only once. |
| (4) | The Committee may have special committees for each segment of products subject to safety control in order to examine special matters concerning the establishment, amendment, etc. of safety standards for product testing. |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the composition and operation of the Committee and special committees shall be prescribed by Presidential Decree. |
CHAPTER II SAFETY CONTROL OF PRODUCTS SUBJECT TO SAFETY CERTIFICATION
| Article 4 (Designation, etc. of Safety Certification Agency) |
| (1) | The Minister of Trade, Industry and Energy may designate a corporation or an organization as an agency responsible for safety certification (hereinafter referred to as "safety certification agency"), from among corporations or organizations that engage in a business related to safety control of products, in order to ensure the safety of products subject to safety certification. |
| (2) | A corporation or an organization that intends to be designated as a safety certification agency shall satisfy the standards prescribed by Presidential Decree for designation, such as standards for testing facilities and human resources necessary for safety certification, and shall file an application for designation with the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (3) | A safety certification agency may make agreements with domestic and foreign institutions that conduct tests on the safety of products subject to safety certification, under which the results of product testing or factory assessment shall be recognized mutually, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (4) | Every safety certification agency shall make and keep records of safety certification, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (5) | The Minister of Trade, Industry and Energy may guide, supervise, and assist safety certification agencies to the extent necessary for ensuring the safety of products. |
| Article 5 (Safety Certification, etc.) |
| (1) | A manufacturer (including persons who export products produced in a foreign country to the Republic of Korea; the same shall apply hereinafter) or an importer shall obtain safety certification from a safety certification agency for each model (referring to the type of a product with its own name specified by Ordinance of the Ministry of Trade, Industry and Energy; the same shall apply hereinafter) of the products subject to safety certification, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | If a manufacturer or an importer of products subject to safety certification intends to modify any matter described in safety certification, the manufacturer or importer shall obtain amended certification from a safety certification agency, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the foregoing shall not apply where a manufacturer or importer modifies any of the matters specified by Ordinance of the Ministry of Trade, Industry and Energy as those unrelated to the safety of a product. |
| (3) | A safety certification agency shall certify the safety of a product subject to safety certification, if the product meets the safety standards for product testing and the standards for factory assessment prescribed and publicly notified by the Minister of Trade, Industry and Energy: Provided, That a safety certification agency may certify the safety of a product subject to safety certification, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, if safety standards have not been publicly notified with respect to the product or the safety standards publicly notified shall not apply to the product. |
| (4) | When a safety certification agency certifies the safety of a product under paragraph (3), it may attach conditions to the certification, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. The conditions attached in such cases shall not impose an unreasonable obligation upon the relevant manufacturer. |
| Article 6 (Exemption from Safety Certification) |
Notwithstanding Article 5 (1), the Minister of Trade, Industry and Energy may exempt a product subject to safety certification, fully or partially, from safety certification in any of the following cases, as prescribed by Presidential Decree: | 1. | Where a person obtains confirmation of the Minister of Trade, Industry and Energy on any of the products specified by Presidential Decree, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, among products subject to safety certification, which are produced or imported for the purpose of testing the products for research and development, exhibition, or safety certification; |
| 2. | Where a person obtains confirmation of the Mayor of the Special Metropolitan City, a Metropolitan City, or a Metropolitan Autonomous City or the Governor of a Do or a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") on any of the products specified by Presidential Decree, as prescribed by Municipal Ordinance of the Special Metropolitan City, Metropolitan City, Metropolitan Autonomous City, Do, or Special Self-Governing Province (hereinafter referred to as the "City/Do'), among products subject to safety certification, which are imported for the purpose of exportation; |
| 3. | Where a person manufactures a product subject to safety certification for the purpose of exportation; |
| 4. | Where a person has obtained safety certification from a safety certification agency in any of the foreign countries specified and publicly notified by the Minister of Trade, Industry and Energy under reciprocal recognition agreements between nations; |
| 5. | Where a person has successfully passed a product test or a factory assessment conducted by a domestic or foreign institution with whom a safety certification agency has entered into a recognition agreement under Article 4 (3); |
| 6. | Where a manufacturer or an importer that has a testing capacity of not lower than the level specified by Ordinance of the Ministry of Trade, Industry and Energy tests a product, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and the safety certification agency ensures the conformity of the product; |
| 7. | Where a manufacturer or an importer imports or manufactures a product subject to safety certification only once, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 8. | Other cases specified by Ordinance of the Ministry of Trade, Industry and Energy as those where safety has been approved under any other statute. |
| Article 7 (Periodic Inspections, Internal Inspections, etc.) |
| (1) | A safety certification agency shall conduct a periodic inspection on the following matters once every two years, as prescribed by Presidential Decree, in order to make sure that the products the safety of which are certified under Article 5 (1), among those subject to safety certification, continue to remain safe: |
| 1. | Products subject to safety certification; |
| 2. | Manufacturing facilities; |
| (2) | The manufacturer of a product with safety certification, among products subject to safety certification, shall conduct internal inspections on the product manufactured after it obtains safety certification, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and shall make and keep records of the inspections. |
| Article 8 (Safety Inspection of Used and Imported Electrical Appliances subject to Safety Inspection) |
| (1) | A person who intends to import used electronic appliances that are subject to safety certification shall undergo a safety inspection to examine the safety of the electronic appliances subject to safety certification, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the foregoing shall not apply where the person has obtained the safety certification under Article 5 (1) or if any of the grounds for the exemption of safety certification under Article 6 exists. |
| (2) | The safety standards under Article 5 (3) shall apply mutatis mutandis as the standards for the safety inspections under paragraph (1). |
| Article 9 (Safety Certification Mark, etc.) |
| (1) | The manufacturer or importer of a product subject to safety certification shall put any of the following marks (hereinafter referred to as "safety certification mark, etc.") on the product subject to safety certification or its package, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: |
| 1. | Products subject to safety certification with its safety certified under Article 5 (1): The mark of safety certification or the mark specified in the safety standards under Article 5 (3); |
| 2. | Products subject to safety certification but exempted from safety certification under Article 6: The mark of exemption from safety certification; |
| 3. | Electrical appliances subject to safety certification with its safety tested under Article 8 (1): The mark of safety inspection or the mark specified in the standards for safety inspections under Article 8 (2). |
| (2) | A person who has not obtained safety certification under Article 5 (1), has not been exempted from safety certification under Article 6, or has not undergone a safety inspection under Article 8 (1) shall not put the safety certification mark, etc. or any similar mark on a product subject to safety certification and its package. |
| (3) | Any of the following persons shall not alter or remove the safety certification mark, etc. from a product subject to safety certification at will: |
| 1. | The manufacturer, importer, or import agent of a product subject to safety certification; |
| 2. | The distributor, sales broker, or buying agent of a product subject to safety certification; |
| 3. | The rental business operator of a product subject to safety certification; |
| 4. | The person who produces a product by using a product subject to safety certification as a component or part; |
| 5. | Any of the following persons who use a product subject to safety certification: |
| 6. | A person who uses a consumer product subject to safety certification for commercial purposes. |
| (4) | Where a person referred to in any subparagraph of paragraph (3) engages in the distribution, rental, sales brokerage (excluding cases where a mail order broker defined by the Act on the Consumer Protection in Electronic Commerce, Etc. takes down a product without the safety certification mark, etc. immediately when he/she finds such product in the cyber mall operated by him/her and requires persons requesting mail order brokerage to enter information about the safety certification mark, etc. when they register commodities, while taking technical measures to ensure that consumers can find such information), buying agency, or import agency through Internet, the person shall publish information about safety certification in the relevant web-site so that consumers can find such information, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| Article 10 (Prohibition of Distribution, Use, etc. of Products subject to Safety Certification without Safety Certification Mark, etc.) |
| (1) | Any manufacturer, importer, distributor or rental service provider of products subject to safety certification shall not sell or rent any product subject to safety certification without the safety certification mark, etc. or import, display, or store such product for the purpose of selling or renting it. |
| (2) | Any sales broker, buying agent, or import agent of products subject to safety certification shall not act as a sales broker (excluding cases where a mail order broker defined by the Act on the Consumer Protection in Electronic Commerce, Etc. takes down a product without the safety certification mark, etc. immediately when he/she finds such product in the cyber mall operated by him/her and requires persons requesting mail order brokerage to enter information about the safety certification mark, etc. when they register commodities, while taking technical measures to ensure that consumers can find such information), buying agent, or import agent for the products subject to safety certification without the safety certification mark, etc. |
| (3) | Any of the persons referred to in Article 9 (3) 4 through 6 shall not use a product subject to safety certification without the safety certification mark, etc. |
| Article 11 (Revocation, etc. of Safety Certification) |
| (1) | In any of the following cases, a safety certification agency may revoke certification of the manufacturer or importer of a product subject to safety certification or may issue an order to forbid it from using the safety certification mark, etc. for a period of not more than six months or to take measures for improvement: Provided, That safety certification shall be revoked in the case of subparagraph 1, and safety certification may be revoked or an order may be issued to forbid the use of the safety certification mark, etc. in cases of subparagraph 10: |
| 1. | If it is found that a person committed fraud or other wrongdoing to obtain a safety certification; |
| 2. | If a product subject to safety certification, which shall be manufactured after obtaining safety certification, fails to satisfy the safety standards under Article 5 (3); |
| 3. | If a person fails to label the safety certification mark, etc. or labels a false mark; |
| 4. | If a person fails to fulfill the conditions under Article 5 (4); |
| 5. | If a person rejects, interferes with, or evades a periodic inspection conducted under Article 7 (1); |
| 6. | If manufacturing facilities, testing facilities, or technical capacity fails to satisfy the standards for factory assessment; |
| 7. | If a person fails to conduct the internal inspection under Article 7 (2); |
| 8. | If a person fails to make and keep records of internal inspections under Article 7 (2) or makes and keeps false records of such inspections; |
| 9. | If a person violates an order issued under Article 32 (1) or (7); |
| 10. | If a person fails to comply with an order issued to forbid the person from using the safety certification mark, etc. or to require the person to make improvements in any case referred to in subparagraphs 2 through 9. |
| (2) | When a safety certification agency revokes a safety certification or issues an order of forbidding the use of the safety certification mark, etc. or an order of improvement, it shall publish the fact, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (3) | If a safety certification agency revokes safety certification under paragraph (1), it shall not certify the safety of any identical model of the project subject to safety certification during one year from the date of revocation. |
| Article 12 (Revocation of Designation of Safety Certification Agency, etc.) |
| (1) | In any of the following cases, the Minister of Trade, Industry and Energy may revoke the designation of a safety certification agency, entirely or partially, or may issue an order to suspend its business operations, entirely or partially, for a specified period of not more than one year: Provided, That the designation must be revoked in cases of subparagraph 1 or 2: |
| 1. | If it is found that a safety certification agency committed fraud or other wrongdoing to obtain the designation; |
| 2. | If a safety certification agency continues safety certifications or safety inspections during the period of suspension of business operations after it is ordered to suspend business operations; |
| 3. | If a safety certification agency fails to conduct safety certifications or safety inspections without good cause; |
| 4. | If a safety certification agency violates any of methods, procedures, etc. of safety certifications or safety inspections in performing safety certifications or safety inspections; |
| 5. | If a safety certification agency ceases to satisfy standards for designation under Article 4 (2); |
| 6. | If a safety certification agency fails to make and keep records of safety certification or makes and keeps false records, in violation of Article 4 (4); |
| 7. | If a safety certification agency violates safety standards or standards for factory assessment under Article 5 (3) in carrying out safety certifications; |
| 8. | If a safety certification agency fails to take the action under Article 11 (1), without good cause; |
| 9. | If a safety certification agency issues a safety certification, in violation of Article 11 (3); |
| 10. | If a safety certification agency charges a fee at a rate higher or lower than the rate specified under Article 35. |
| (2) | The Minister of Trade, Industry and Energy shall not designate a person as a safety certification agency again within one year from the date on which the person has its designation revoked under paragraph (1). |
| (3) | Detailed criteria for the administrative action under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| Article 13 (Penalty Surcharges Imposed in Lieu of Suspension of Business Operations for Safety Certification) |
| (1) | If the Minister of Trade, Industry and Energy shall order a person to suspend business operations under any subparagraph of Article 12 (1) but finds that the suspension of business operations will cause severe inconvenience to the users of the business, he/she may impose a penalty surcharge of up to 300 million won upon the person, in lieu of the suspension of business operations. |
| (2) | Matters necessary for the amount of a penalty surcharge to be imposed under paragraph (1) for each type of violation according to the degree of violation, etc., the method of collecting such penalty surcharge, etc. shall be prescribed by Presidential Decree. |
| (3) | If a person who is required to pay a penalty surcharge under paragraph (1) fails to pay the penalty surcharge by payment deadline, the Minister of Trade, Industry and Energy shall collect the penalty surcharge in the same manner as provided for the disposal of delinquent national taxes. |
CHAPTER III SAFETY CONTROL OF PRODUCTS SUBJECT TO SAFETY ASSURANCE
| Article 14 (Designation, etc. of Testing Agencies for Safety Assurance) |
| (1) | In order to ensure the safety of products subject to safety assurance, the Minister of Trade, Industry and Energy may designate any of corporations and organizations that engage in a business related to product safety management as an agency (hereinafter referred to as "testing agency for safety assurance") testing products for safety assurance (hereinafter referred to as "tests for safety assurance"). |
| (2) | Any corporation or organization that intends to be designated as a testing agency for safety assurance shall satisfy the standards prescribed by Presidential Decree for designation, including testing facilities and personnel for performing tests for safety assurance, and shall apply for designation to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (3) | Any testing agency for safety assurance may make an agreement with domestic and overseas institutions engaging in tests for the safety of products subject to safety assurance on mutual recognition of the results of product tests, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (4) | Every testing agency for safety assurance shall make and keep records of tests for safety assurance, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (5) | In order to ensure the safety of products, the Minister of Trade, Industry and Energy may guide, supervise, and assist testing agencies for safety assurance, as necessary. |
| Article 15 (Reporting, etc. of Products subject to Safety Assurance) |
| (1) | A manufacturer or an importer of products subject to safety assurance shall have each model of the products subject to safety assurance tested by a testing agency for safety assurance, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, have the relevant products confirmed by the agency as those that satisfy the safety standards under paragraph (3), and then report the confirmation to the Minister of Trade, Industry and Energy. |
| (2) | When a manufacturer or an importer of products subject to safety assurance intends to make a change in regard to the facts described in the report made on safety assurance under paragraph (1) (hereinafter referred to as "safety assurance report"), he/she shall file a revised report with the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the foregoing shall not apply where a change is made with respect to any of the facts specified by Ordinance of the Ministry of Trade, Industry and Energy as those irrelevant to the safety of products. |
| (3) | Every testing agency for safety assurance shall apply the standards determined and publicly notified by the Minister of Trade, Industry and Energy for the safety of products subject to safety assurance when it conducts tests for safety assurance: Provided, That a testing agency for safety assurance may conduct tests for safety assurance on products subject to safety assurance, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, if there are no safety standards publicly notified or if it is impracticable to apply the safety standards publicly notified. |
| (4) | When a manufacturer or an importer of products subject to safety assurance files a report or a revised report under paragraph (1) or (2), he/she shall keep documents demonstrating that the relevant products subject to safety assurance conform to the safety standards under paragraph (3), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| Article 16 (Exemption from Duty to Report Safety Assurance) |
Notwithstanding Article 15 (1), in any of the following cases the Minister of Trade, Industry and Energy may fully or partially exempt a person from the duty to report safety assurance on products subject to safety assurance, as prescribed by Presidential Decree: | 1. | Where a person obtains confirmation from the Minister of Trade, Industry and Energy on the products specified by Presidential Decree, among those subject to safety assurance, and produced or imported for the purposes of research and development, exhibition, or testing of products for reporting safety assurance, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 2. | Where a person obtains confirmation from a Mayor/Do Governor on the products specified by Presidential Decree, among those subject to safety assurance, and produced or imported for the purpose of exportation, as prescribed by municipal ordinance of the relevant City/Do; |
| 3. | Where products subject to safety assurance are produced for the purpose of exportation; |
| 4. | Where the relevant products have been confirmed by a domestic or overseas institution, with whom a testing agency for safety assurance has an agreement on mutual recognition under Article 14 (3), as conforming products as a result of a product test conducted by the institution; |
| 5. | Where a testing agency for safety assurance assures the relevant products as conforming according to the results of a test conducted by the manufacturer or an importer with a testing capacity at a level equivalent to or higher than the level specified by Ordinance of the Ministry of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 6. | Other cases specified by Ordinance of the Ministry of Trade, Industry and Energy as those in which safety is recognized by any other statute. |
| Article 17 (Safety Inspections on Imported Used Electrical Appliances subject to Safety Assurance) |
| (1) | A person who intends to import used electrical appliances subject to safety assurance from a foreign country shall undergo a safety inspection conducted in order to assure of the safety of the relevant electrical appliances subject to safety assurance, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the foregoing shall also apply where there is a ground for exempting a person from the duty to file a safety assurance report under Article 16. |
| (2) | The safety standards under Article 15 (3) shall apply mutatis mutandis as the standards for safety inspections under paragraph (1). |
| Article 18 (Labelling of Products subject to Safety Assurance) |
| (1) | A manufacturer or an importer of products subject to safety assurance shall put the labels specified in the following subparagraphs (hereinafter referred to as "safety assurance mark, etc.") on the products subject to safety assurance or packages of such products, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: |
| 1. | Products subject to safety assurance, for which a safety assurance report has been filed: The safety assurance mark and the labels specified in the safety standards under Article 15 (3); |
| 2. | Products subject to safety assurance, for which a person is exempted from the duty to file a safety assurance report: The mark of exemption from reporting of safety assurance; |
| 3. | Electrical appliances subject to safety assurance, which have passed a safety inspection conducted under Article 17 (1): The safety inspection mark and the labels specified in the standards for safety inspection under Article 17 (2). |
| (2) | A person who has not filed a safety assurance report, a person who is not exempted from the duty to file a safety assurance report under Article 16, or a person who has not undergone a safety inspection under Article 17 (1) shall not put the safety assurance mark, etc. or any similar label thereto on the products subject to safety assurance and packages of such products. |
| (3) | Any of the following persons shall not alter or remove the safety assurance mark, etc. of products subject to safety assurance at will: |
| 1. | A manufacturer, an importer, or an import agent of products subject to safety assurance; |
| 2. | A distributor, a sales broker, or a buying agent of products subject to safety assurance; |
| 3. | A rental business operator of products subject to safety assurance; |
| 4. | A person who produces a product by using a product subject to safety assurance as a component or part; |
| 5. | The following persons who use electrical appliances subject to safety assurance: |
| 6. | A person who uses consumer products subject to safety assurance for commercial purposes. |
| (4) | When any of the persons referred to in paragraph (3) distributes or rents, via the Internet, products subject to safety assurance (excluding cases where a mail order broker, defined by the Act on the Consumer Protection in Electronic Commerce, Etc., takes down a product without the safety assurance mark, etc. immediately when he/she finds such product in the cyber mall operated by him/her and requires persons requesting mail order brokerage to enter information about the safety assurance mark, etc. when they register commodities, while taking technical measures to ensure that consumers can find such information) or acts as a buying agent or an import agent for such products, the person shall post information related to safety assurance in the relevant web-site so that consumers can find such information, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| Article 19 (Prohibition of Distribution, Use, etc. of Products subject to Safety Assurance Without Safety Assurance Mark, etc.) |
| (1) | Any manufacturer, importer, distributor, or rental business operator of products subject to safety assurance shall not sell or rent any product subject to safety assurance without the safety assurance mark, etc. or import, display, or store such product for the purpose of selling or renting such product. |
| (2) | Any sales broker, buying agent, or import agent of products subject to safety assurance shall not handle such products without the safety assurance mark, etc. as a sales broker (excluding where a mail order broker defined by the Act on the Consumer Protection in Electronic Commerce, Etc. takes down a product without the safety assurance mark, etc. immediately when he/she finds such product in the cyber mall operated by him/her and requires persons requesting mail order brokerage to enter information about the safety assurance mark, etc. when they register commodities, while taking technical measures to ensure that consumers can find such information), buying agent, or import agent. |
| (3) | Any person referred to in any subparagraph of Article 18 (3) 4 through 6 shall not use a product subject to safety assurance without the safety assurance mark, etc. |
| Article 20 (Invalidation of Safety Assurance Reports, etc.) |
| (1) | In any of the following cases, the Minister of Trade, Industry and Energy may invalidate the safety assurance report filed by a manufacturer or importer of products subject to safety assurance or may issue an order to forbid the use of the safety assurance mark, etc. or to make improvements within a specified period of not more than six months, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That a safety assurance report must be invalidated in the case of subparagraph 1: |
| 1. | If it is found that a manufacturer or importer of products subject to safety assurance committed fraud or other wrongdoing in filing a safety assurance report; |
| 2. | If the product subject to safety assurance fails to conform to the safety standards under Article 15 (3); |
| 3. | If a manufacturer or importer of products subject to safety assurance has not put the safety assurance mark, etc. or put any false mark or label; |
| 4. | If a manufacturer or importer of products subject to safety assurance violates an order issued under Article 32 (2) or (7). |
| (2) | When the Minister of Trade, Industry and Energy invalidates a safety assurance report or issues an order to forbid the use of the safety assurance mark, etc. or to make improvements under paragraph (1), he/she shall publish the fact, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (3) | If a safety assurance report is invalidated under paragraph (1), no testing agency for safety assurance shall conduct a test for safety assurance on any identical model of the relevant project within one year after the date on which the report is invalidated. |
| Article 21 (Revocation of Designation of Testing Agencies for Safety Assurance, etc.) |
| (1) | In any of the following cases, the Minister of Trade, Industry and Energy may revoke the designation of a testing agency entirely or partially for safety assurance or may order a testing agency for safety assurance to suspend its business operations entirely or partially for a specified period of up to one year: Provided, That the designation must be revoked in the case of subparagraph 1 or 2: |
| 1. | If it is found that a person committed fraud or other wrongdoing to obtain the designation as a testing agency for safety assurance; |
| 2. | If a testing agency for safety assurance continues tests for safety assurance or safety inspections during the period of suspension of business operations after it is ordered to suspend business operations; |
| 3. | If a testing agency for safety assurance fails to conduct tests for safety assurance or safety inspections without good cause; |
| 4. | If a testing agency for safety assurance violates any of methods, procedures, etc. of tests for safety assurance or safety inspections in performing tests for safety assurance or safety inspections; |
| 5. | If a testing agency for safety assurance ceases to satisfy standards for designation under Article 14 (2); |
| 6. | If a testing agency for safety assurance fails to make and keep records of tests for safety assurance or makes and keeps false records, in violation of Article 14 (4); |
| 7. | If a testing agency for safety assurance violates safety standards under Article 15 (3) in carrying out tests for safety assurance; |
| 8. | If a testing agency for safety assurance violates Article 20 (3) in conducting tests for safety assurance; |
| 9. | If a testing agency for safety assurance charges a fee at a rate higher or lower than the rate specified under Article 35. |
| (2) | The Minister of Trade, Industry and Energy shall not designate a person as a testing agency for safety assurance again within one year from the date on which the person has its designation revoked under paragraph (1). |
| (3) | Detailed criteria for the administrative action under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| Article 22 (Penalty Surcharges Imposed in Lieu of Suspension of Business Operations for Testing for Safety Assurance) |
| (1) | If the Minister of Trade, Industry and Energy orders a person to suspend business operations under any subparagraph of Article 21 (1) but finds that the suspension of business operations will cause severe inconvenience to the users of the business, he/she may impose a penalty surcharge of up to 300 million won upon the person, in lieu of the suspension of business operations. |
| (2) | Matters necessary for the amount of a penalty surcharge to be imposed under paragraph (1) for each type of violation according to the degree of violation, etc., the method of collecting such penalty surcharge, etc. shall be prescribed by Presidential Decree. |
| (3) | If a person who is obliged to pay a penalty surcharge under paragraph (1) fails to pay the penalty surcharge by payment deadline, the Minister of Trade, Industry and Energy shall collect the penalty surcharge in the same manner as provided for the disposal of delinquent national taxes. |
CHAPTER IV SAFETY CONTROL OF PRODUCTS SUBJECT TO SUPPLIER'S ASSURANCE OF CONFORMITY
| Article 23 (Supplier's Assurance of Conformity, etc.) |
| (1) | A manufacturer or an importer of products subject to the supplier's assurance of conformity shall conduct product tests for each model of the products subject to the supplier's assurance of conformity by him/herself or request a third party to conduct product tests and shall assure for him/herself that the relevant products conform to the safety standards under paragraph (3), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | When a manufacturer or an importer of products subject to the supplier's assurance of conformity assures the conformity of a specific product, as the supplier of the product, under paragraph (1), the Minister of Trade, Industry and Energy shall report details of assurance (hereinafter referred to as "report on the supplier's assurance of conformity") to the Minister of Trade, Industry and Energy. The same procedure shall also apply where it is intended to make a change in connection with any of the reported matters. |
| (3) | The supplier's assurance of conformity under paragraph (1) shall be conducted in accordance with the safety standards determined and publicly notified by the Minister of Trade, Industry and Energy for products subject to the supplier's assurance of conformity: Provided, That the supplier's assurance of conformity may be conducted in accordance with provisions prescribed by Ordinance of the Ministry of Trade, Industry and Energy, if there are no safety standards publicly notified or if it is impracticable to apply the safety standards publicly notified. |
| (4) | A manufacturer or an importer who assures of the conformity of a product subject to the supplier's assurance of conformity under paragraph (1) shall keep documents demonstrating that the product conforms to the safety standards under paragraph (3). |
| Article 24 (Exemption from Supplier's Duty to Assure Conformity) |
Notwithstanding Article 23 (1) and (2), in any of the following cases the Minister of Trade, Industry and Energy may exempt a person from the supplier's duty to assure of the conformity of products subject to the supplier's assurance of conformity or to report the supplier's assurance of conformity of such products: | 1. | Where a person obtains confirmation from the Minister of Trade, Industry and Energy on the products specified by Presidential Decree among those subject to the supplier's assurance of conformity and produced or imported for the purposes of research and development, exhibition, or testing of products for the supplier's assurance of conformity, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 2. | Where a person obtains confirmation from a Mayor/Do Governor on the products specified by Presidential Decree, among those subject to the supplier's assurance of conformity, and produced or imported for the purpose of exportation, as prescribed by municipal ordinance of the relevant City/Do; |
| 3. | Where products subject to the supplier's assurance of conformity are produced for the purpose of exportation; |
| 4. | Other cases specified by Ordinance of the Ministry of Trade, Industry and Energy as those in which safety is recognized by any other statute. |
| Article 25 (Labelling of Products subject to Supplier's Assurance of Conformity) |
| (1) | A manufacturer or an importer of products subject to the supplier's assurance of conformity shall put the labels specified in the following subparagraphs (hereinafter referred to as "mark of the supplier's assurance of conformity, etc.") on the products subject to the supplier's assurance of conformity or packages of such products, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: |
| 1. | Products subject to the supplier's assurance or reporting of conformity, for which a report on the supplier's assurance of conformity has been filed: The mark of the supplier's assurance of conformity and the labels specified in the safety standards under Article 23 (3); |
| 2. | Products subject to safety assurance, for which a person is exempted from the duty to assure of or report conformity as the supplier under Article 24: The mark of exemption. |
| (2) | A person who has not assured of and reported conformity as the supplier or a person who is not exempted from the duty to assure of or report conformity as the supplier shall not put the mark of the supplier's conformity, etc. or any similar label on the products subject to the supplier's assurance of conformity and packages of such products. |
| (3) | Any of the following persons shall not alter or remove the mark of the supplier's assurance of conformity on a product subject to the supplier's assurance of conformity at will: |
| 1. | A manufacturer, an importer, or an import agent of products subject to the supplier's assurance of conformity; |
| 2. | A distributor, a sales broker, or a buying agent of products subject to the supplier's assurance of conformity; |
| 3. | A rental business operator of products subject to the supplier's assurance of conformity; |
| 4. | A person who produces a product by using a product subject to the supplier's assurance of conformity as a component or part; |
| 5. | The following persons who use electrical appliances subject to the supplier's assurance of conformity: |
| 6. | A person who uses consumer products subject to the supplier's assurance of conformity for commercial purposes. |
| (4) | Any of the persons referred to in paragraph (3) distributes or rents, via the Internet, products subject to the supplier's assurance of conformity (excluding cases where a mail order broker, defined by the Act on the Consumer Protection in Electronic Commerce, Etc., takes down a product without the mark of the supplier's assurance of conformity, etc. immediately when he/she finds such product in the cyber mall operated by him/her and requires persons requesting mail order brokerage to enter information about the mark of the supplier's assurance of conformity, etc. when they register commodities, while taking technical measures to ensure that consumers can find such information) or acts as a buying agent or an import agent for such products, the person shall post information related to the supplier's assurance of conformity in the relevant web-site so that consumers can find such information, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| Article 26 (Prohibition of Distribution, Use, etc. of Products subject to Supplier's Assurance of Conformity Without Mark of Supplier's Assurance of Conformity, etc.) |
| (1) | Any manufacturer, importer, distributor, or rental business operator of products subject to the supplier's assurance of conformity shall not sell or rent any product subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc. or import, display, or store such product for the purpose of selling or renting such product. |
| (2) | Any sales broker, buying agent, or import agent of products subject to the supplier's assurance of conformity shall not act as a sales broker (excluding cases where a mail order broker defined by the Act on the Consumer Protection in Electronic Commerce, Etc. takes down a product without the mark of the supplier's assurance of conformity, etc. immediately when he/she finds such product in the cyber mall operated by him/her and requires persons requesting mail order brokerage to enter information about the mark of the supplier's assurance of conformity, etc. when they register commodities, while taking technical measures to ensure that consumers can find such information), buying agent, or import agent of products subject to safety assurance without the mark of the supplier's assurance of conformity, etc. |
| (3) | Any person referred to in any subparagraph of Article 25 (3) 4 through 6 shall not use a product subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc. |
| Article 27 (Prohibition of Use of Mark of Supplier's Assurance of Conformity, etc.) |
| (1) | In any of the following cases, the Minister of Trade, Industry and Energy may issue an order to forbid a manufacturer or an importer of products subject to the supplier's assurance of conformity from using the mark of the supplier's assurance of conformity, etc. for a specified period of up to six months or to take measures for improvement, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That an order must be issued to forbid such manufacturer or importer from using the mark of the supplier's assurance of conformity, etc. in the case of subparagraph 1: |
| 1. | If it is found that a manufacturer or an importer committed fraud or other wrongdoing in assuring of or reporting conformity as the supplier; |
| 2. | If a product subject to the supplier's assurance of conformity fails to conform to the safety standards under Article 23 (3); |
| 3. | If a manufacturer or an importer fails to put the mark of the supplier's assurance of conformity, etc. or puts a false mark or label; |
| 4. | If a manufacturer or an importer violates an order issued under Article 32 (3) or (7). |
| (2) | When the Minister of Trade, Industry and Energy issues an order to forbid a person from using the mark of the supplier's assurance of conformity, etc. or to take measures for improvement under paragraph (1), he/she shall publish the fact, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
CHAPTER V SAFETY CONTROL OF CONSUMER PRODUCTS SUBJECT TO CHILD PROTECTIVE PACKAGING
| Article 28 (Reporting of Consumer Products subject to Child Protective Packaging, etc.) |
| (1) | A manufacturer or an importer who produces or imports consumer products subject to child protective packaging shall use child protective packaging materials for such products: Provided, the foregoing shall not apply to the products approved by the Minister of Trade, Industry and Energy, among the following products: |
| 1. | Products produced or imported for the purpose of selling them to manufacturers; |
| 2. | Products produced or imported for the purpose of research and development or exportation. |
| (2) | When a manufacturer or an importer of consumer products uses child protective packaging materials in accordance with the main sentence of paragraph (1), he/she shall report the details thereof for each model of consumer products subject to child protective packaging to the Minister of Trade, Industry and Energy. The same procedure shall also apply where it is intended to modify any of the reported matters. |
| (3) | The Minister of Trade, Industry and Energy shall determine and publicly notify safety standards applicable to consumer products subject to child protective packaging. |
| Article 29 (Labelling, etc. of Child Protective Packaging) |
| (1) | If a manufacturer or an importer of consumer products subject to child protective packaging has filed a report in accordance with Article 28 (2), he/she shall put a mark indicating that child protective packaging materials (hereinafter referred to as "mark of child protective packaging") are used on the relevant consumer products subject to child protective packaging and packaging materials of such products, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | No person shall put the mark of child protective packaging or any similar mark on any consumer product subject to child protective packaging and packaging materials of such product without filing a report in accordance with Article 28 (2). |
| Article 30 (Prohibition of Distribution, etc.) |
Any manufacturer, importer, or distributor of products subject to child protective packaging shall not sell a product subject to child protective packaging without the mark of child protective packaging or import, display, or store such product for the purpose of selling it.
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 31 (Restriction on Sales by Age Eligible for Use) |
If the safety standards established under this Act specify the minimum age of children who are eligible for using specific products subject to safety control, no distributor shall sell such products to children who do not meet the standards.
| Article 32 (Order to Improve, Destroy, or Collect Products subject to Safety Control or to Suspend Sales of such Products, etc.) |
| (1) | In any of the following cases, a Mayor/Do Governor may issue an order to any manufacturer, importer, distributor, rental business operator, or commercial user (referring to a person who falls within Article 9 (3) 6, 18 (3) 6, or 25 (3) 6; hereinafter the same shall apply in this Article), sales broker, buying agent, or import agent of products subject to safety certification to improve, destroy, or collect the relevant products subject to safety certification or suspend sales of such products (hereinafter referred to as "suspend sales, etc.") within a specified period, as prescribed by Presidential Decree: |
| 1. | If the products subject to safety certification have no safety certification under Article 5 (1); |
| 2. | If the products subject to safety certification have no revised certification under the main sentence of Article 5 (2); |
| 3. | If the products subject to safety certification fail to satisfy the safety standards under Article 5 (3) (referring to the standards that have applied to the safety certification issued under the proviso to the aforesaid paragraph and including cases to which the standards shall apply mutatis mutandis pursuant to Article 8 (2)) or the standards for factory assessment; |
| 4. | If the products subject to safety certification have not undergone the safety inspection under Article 8 (1); |
| 5. | If the person has not labeled the safety certification mark, etc. on the products subject to safety certification in violation of Article 9 (1), although the safety of the products have been certified; |
| 6. | If the person labels the safety certification mark, etc. or any similar mark or label thereto, in violation of Article 9 (2); |
| 7. | If the person alters or removes the safety certification mark, etc. in violation of Article 9 (3); |
| 8. | If the person sells or rents the products subject to safety certification without the safety certification mark, etc. or imports, displays, or stores such products, in violation of Article 10 (1) for the purpose of selling or renting the products; |
| 9. | If the person acts as a sales broker, buying agent, or import agent for the products subject to safety certification without the safety certification mark, etc. in violation of Article 10 (2); |
| 10. | If the person uses the products subject to safety certification without the safety certification mark, etc. in violation of Article 10 (3). |
| (2) | In any of the following cases, a Mayor/Do Governor may order any manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent, or import agent of products subject to safety assurance to suspend sales of the products subject to safety assurance for a specified period, as prescribed by Presidential Decree: |
| 1. | If the person fails to file a report in accordance with Article 15 (1); |
| 2. | If the person fails to file a revised report in accordance with the main sentence of Article 15 (2); |
| 3. | If the products subject to safety assurance fail to conform to the safety standards under Article 15 (3) (referring to the standards that have applied to tests conducted for safety assurance under the proviso to the aforesaid paragraph and including cases to which the standards shall apply mutatis mutandis pursuant to Article 17 (2)); |
| 4. | If the products subject to safety assurance have not undergone the safety inspection under Article 17 (1); |
| 5. | If the person has not labeled the safety assurance mark, etc. in violation of Article 18 (1); |
| 6. | If the person labels the safety assurance mark, etc. or any similar mark or label thereto, in violation of Article 18 (2); |
| 7. | If the person alters or removes the safety assurance mark, etc. in violation of Article 18 (3) at will; |
| 8. | If the person sells or rents the products subject to safety assurance without the safety assurance mark, etc. or imports, displays, or stores such products for the purpose of selling or renting them, in violation of Article 10 (1); |
| 9. | If the person acts as a sales broker, buying agent, or import agent for the products subject to safety assurance without the safety assurance mark, etc., in violation of Article 19 (2); |
| 10. | If the person uses the products subject to safety assurance without the safety assurance mark, etc. in violation of Article 19 (3). |
| (3) | In any of the following cases, a Mayor/Do Governor may order any manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent, or import agent of products subject to the supplier's assurance of conformity to suspend sales of the products subject to the supplier's assurance of conformity for a specified period, as prescribed by Presidential Decree: |
| 1. | If the person fails to assured of conformity as the supplier; |
| 2. | If the products subject to the supplier's assurance of conformity fail to conform to the safety standards under Article 23 (3) (referring to the standards applicable to the supplier's assurance of conformity under the proviso to the aforesaid paragraph); |
| 3. | If the products subject to the supplier's assurance of conformity fail to have the mark of the supplier's assurance of conformity, etc. in violation of Article 25 (1); |
| 4. | If the person labels the mark of the supplier's assurance of conformity, etc. or any similar mark or label thereto, in violation of Article 25 (2); |
| 5. | If the person alters or removes the mark of the supplier's assurance of conformity, etc. in violation of Article 25 (3) at will; |
| 6. | If the person sells or rents the products subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc. or imports, displays, or stores such products for the purpose of selling or renting them, in violation of Article 26 (1); |
| 7. | If the person acts as a sales broker, buying agent, or import agent for the products subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc., in violation of Article 26 (2); |
| 8. | If the person uses the products subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc. in violation of Article 26 (3). |
| (4) | In any of the following cases, a Mayor/Do Governor may order any manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent, or import agent of consumer products subject to child protective packaging to suspend sales of the products subject to child protective packaging for a specified period, as prescribed by Presidential Decree: |
| 1. | If any consumer product subject to child protective packaging is not packaged with child protective packaging materials, in violation of Article 28 (1); |
| 2. | If the person fails to file a report or a revised report in accordance with Article 28 (2); |
| 3. | If the person produces or imports any consumer product subject to child protective packaging not conforming to the safety standards under Article 28 (3); |
| 4. | If the person fails to label the mark of child protective packaging in violation of Article 29 (1); |
| 5. | If the person uses the mark of child protective packaging or any similar mark or label thereto, in violation of Article 29 (2); |
| 6. | If the person sells consumer products subject to child protective packaging without the mark of child protective packaging or imports, displays, or stores such products for the purpose of selling them, in violation of Article 30. |
| (5) | If any manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent, or import agent of products subject to child protective packaging fails to comply with an order issued to suspend sales, etc. under paragraphs (1) through (4), the Mayor/Do Governor may authorize public officials of the City/Do to destroy or collect the relevant products subject to safety control, as prescribed by Presidential Decree. Expenses incurred in such cases shall be borne by the relevant manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent, or import agent of products subject to safety control. |
| (6) | The public officials who carry out the destruction or collection of products subject to safety control under paragraph (5) shall carry a certificate indicating their authority and present it to people involved. |
| (7) | If a Mayor/Do Governor deems it impracticable to prevent hazards caused by products subject to safety control only by suspending sales of such products or taking other measures under paragraphs (1) through (5), he/she may order the relevant manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent, or import agent of such products to perform the following actions, as prescribed by Presidential Decree: |
| 1. | Public disclosure of the fact that the person has been ordered to suspend sales or to take other measures; |
| 2. | Exchange, refund, or repair of the relevant product subject to safety control; |
| 3. | Other measures that the Mayor/Do Governor deems necessary for preventing hazards. |
| Article 33 (Reporting, Inspection, etc.) |
| (1) | If the Minister of Trade, Industry and Energy or a Mayor/Do Governor deems it necessary for safety control of products, he/she may require any of the following persons to submit a report on the production, importation, distribution, rental, use, etc. of the relevant products or may authorize public officials of the Ministry or City/Do to enter any office, factory, place of business, store, warehouse, or other necessary places and to inspect manufacturing facilities, inspection facilities, products, documents, books of accounts, and other articles or ask questions to people involved: |
| 1. | An manufacturer, an importer, or an import agent of products subject to safety control; |
| 2. | A distributor, a sales broker, or a buying agent of products subject to safety control; |
| 3. | A rental business operator of products subject to safety control; |
| 4. | A person who produces products by using products subject to safety control as components or parts; |
| 5. | Any of the following persons who use electrical appliances subject to safety control: |
| 6. | A person who uses consumer products subject to safety control for commercial purposes. |
| (2) | When the Minister of Trade, Industry and Energy or a Mayor/Do Governor intends to conduct an inspection under paragraph (1) (including an inquiry; hereinafter the same shall apply in this Article), he/she shall inform the persons involved in the inspection plan, which shall include the following matters, by not later than seven days before the date of inspection: Provided, That the foregoing shall not apply to emergent cases or cases where it is deemed impossible to achieve the purpose of inspection, if prior notice is given, due to probable destruction of evidence, etc.: |
| 1. | Date and time of the inspection; |
| 2. | Grounds for the inspection; |
| 3. | Details of the inspection. |
| (3) | Public officials who intend to enter a place to conduct an inspection under paragraph (1) shall carry a certificate indicating their authority and produce the certificate to involved people, and public officials who enter an office, etc. shall present a document stating the following matters to involved people: |
| 1. | Names of the public officials; |
| Article 34 (Request to Provide Information) |
If the Minister of Trade, Industry and Energy deems it necessary for safety control of products, he/she may request a Mayor/Do Governor to provide information on the following matters, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy:
| 1. | Matters concerning the suspension of sales, etc. under Article 32 (1) through (5); |
| 2. | Matters concerning the reporting, inspection, and inquiry under Article 33; |
| 3. | Matters concerning the imposition of administrative fines under Article 42. |
| (1) | Any of the following persons shall pay fees, as prescribed by Presidential Decree: |
| 1. | A person who wishes to be designated as a safety certification agency under Article 4 (1); |
| 2. | A person who wishes to obtain safety certification under Article 5 (1); |
| 3. | A person who wishes to obtain revised certification under Article 5 (2); |
| 4. | A person who wishes to be fully or partially exempted from safety certification under subparagraph 1 of Article 6; |
| 5. | A person who intends to undergo a periodic inspection for products subject to safety certification under Article 7 (1); |
| 6. | A person who intends to undergo a safety inspection for electrical appliances subject to safety certification under Article 8 (1); |
| 7. | A person who wishes to be designated as a testing agency for safety assurance under Article 14 (1); |
| 8. | A person who intends to undergo a test for safety assurance or file a safety assurance report under Article 15 (1); |
| 9. | A person who intends to file a revised report on safety assurance under Article 15 (2); |
| 10. | A person who wishes to have confirmation on full or partial exemption from reporting of safety assurance under subparagraph 1 of Article 16; |
| 11. | A person who intends to undergo a safety inspection for electrical appliances subject to safety assurance under Article 17 (1); |
| 12. | A person who intends to file a report or a revised report on the supplier's assurance of conformity under Article 23 (2); |
| 13. | A person who wishes to have confirmation on exemption from the supplier's assurance of conformity or from reporting of the supplier's assurance of conformity under subparagraph 1 of Article 24; |
| 14. | A person who intends to file a report or a revised report on consumer products subject to child protective packaging under Article 28 (2). |
| (2) | Any of the following persons shall pay fees, as prescribed by municipal ordinance of the relevant City/Do within the limits specified by Presidential Decree: |
| 1. | A person who wishes to have confirmation on full or partial exemption from safety certification under subparagraph 2 of Article 6; |
| 2. | A person who wishes to have confirmation on full or partial exemption from reporting of safety assurance under subparagraph 2 of Article 16; |
| 3. | A person who wishes to have confirmation on exemption from the supplier's assurance of conformity or from reporting of the supplier's assurance of conformity under subparagraph 2 of Article 24. |
When the Minister of Trade, Industry and Energy intends to take any of the following actions, he/she shall hold hearings:
| 1. | Revocation of designation of a safety certification agency or suspension of business operations of a safety certification agency under Article 12 (1); |
| 2. | Revocation of designation of a testing agency for safety assurance or suspension of business operations of a testing agency for safety assurance under Article 21 (1). |
| Article 37 (Delegation and Entrustment of Authority, etc.) |
| (1) | The authority of the Minister of Trade, Industry and Energy under this Act may be partially delegated to each Mayor/Do Governor or the head of an agency affiliated to the Ministry, as prescribed by Presidential Decree. |
| (2) | The administrative affairs assigned to the Minister of Trade, Industry and Energy under this Act may be partially entrusted to the head of an institution or organization engaged in any business related to safety control of products, as prescribed by Presidential Decree. |
| (3) | A Mayor/Do Governor may re-delegate part of the authority delegated by the Minister of Trade, Industry and Energy under paragraph (1) to the head of a Si/Gun/Gu (Gu means an autonomous Gu) with approval by the Minister of Trade, Industry and Energy. |
| (4) | When a Mayor/Do Governor re-delegates the authority under paragraph (3), he/she shall publicly notify the re-delegation. |
| Article 38 (Reflection of Results of Assessment of Hazards) |
| Article 39 (Legal Fiction of Deeming Public Officials for Application of Penalty Provisions) |
| 1. | Members who are not public officials, among the members of the Committee; |
| 2. | Executives and employees engaged in safety certification in a safety certification agency; |
| 3. | Executives and employees engaged in testing for safety assurance in a testing agency for safety assurance; |
| 4. | Executives and employees of an institution or organization that engages in administrative affairs entrusted under Article 37 (2). |
CHAPTER VII PENALTY PROVISIONS
| Article 40 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won: |
| 1. | A person who conducts safety certifications or safety inspections by committing fraud or other wrongdoing in obtaining designation as a safety certification agency; |
| 2. | A person who conducts safety certifications or safety inspections without designation as a safety certification agency; |
| 3. | A person who obtains safety certification under Article 5 (1) by fraud or other wrongdoing; |
| 4. | A person who produces or imports a product subject to safety certification without obtaining safety certification, in violation of Article 5 (1); |
| 5. | A person who has not obtained revised certification, in violation of main sentence of Article 5 (2); |
| 6. | A person who issues a safety certification, in violation of safety standards or standards for factory assessment under Article 5 (3); |
| 7. | A person who commits fraud or other wrongdoing in undergoing a safety inspection under Article 8 (1); |
| 8. | A person who imports electrical appliances subject to safety certification without undergoing a safety inspection, in violation of Article 8 (1); |
| 9. | A person who conducts a safety inspection, in violation of standards for safety inspection under Article 8 (2); |
| 10. | A person who puts the safety certification mark, etc. or any similar mark or label, in violation of Article 9 (2); |
| 11. | A person who sells or rents electrical appliances subject to safety certification without the safety certification mark, etc. or imports, displays, or stores such electrical appliances for the purpose of selling or renting them, in violation of Article 10 (1); |
| 12. | A person who acts as a sales broker, a buying agent, or an import agent for electrical appliances subject to safety certification without the safety certification mark, etc., in violation of Article 10 (2); |
| 13. | A person who continues safety certifications or safety inspections after the person has designation as a safety certification agency revoked or during the period of suspension of business operations under Article 12 (1); |
| 14. | A person who conducts tests for safety assurance or safety inspections by committing fraud or other wrongdoing in obtaining designation as a testing agency for safety assurance; |
| 15. | A person who conducts tests for safety assurance or safety inspections without designation as a testing agency for safety assurance; |
| 16. | A person who commits fraud or other wrongdoing in filing a safety assurance report; |
| 17. | A person who produces or imports products subject to safety assurance without filing a safety assurance report, in violation of Article 15 (1); |
| 18. | A person who has not filed a revised report on safety assurance, in violation of main sentence of Article 15 (2); |
| 19. | A person who conducts a test for safety assurance, in violation of safety standards under Article 5 (3); |
| 20. | A person who commits fraud or other wrongdoing in undergoing a safety inspection under Article 17 (1); |
| 21. | A person who imports electrical appliances subject to safety assurance without undergoing a safety inspection, in violation of Article 17 (1); |
| 22. | A person who conducts a safety inspection, in violation of standards for safety inspection under Article 17 (2); |
| 23. | A person who labels the safety assurance mark, etc. or any similar mark or label thereto, in violation of Article 18 (2); |
| 24. | A person who sells or rents electrical appliances subject to safety assurance without the safety assurance mark, etc. or imports, displays, or stores such electrical appliances for the purpose of selling or renting them, in violation of Article 19 (1); |
| 25. | A person who acts as a sales broker, a buying agent, or an import agent for electrical appliances subject to safety assurance without the safety assurance mark, etc., in violation of Article 19 (2); |
| 26. | A person who continues tests for safety assurance after the person has designation as a safety certification agency revoked or during the period of suspension of business operations under Article 21 (1); |
| 27. | A person who commits fraud or other wrongdoing in assuring of conformity of products as the supplier; |
| 28. | A person who produces or imports products subject to the supplier's assurance of conformity without assuring of conformity of such products as the supplier, in violation of Article 23 (1); |
| 29. | A person who labels the mark of the supplier's assurance of conformity, etc. or any similar mark or label thereto, in violation of Article 25 (2); |
| 30. | A person who sells or rents electrical appliances subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc. or imports, displays, or stores such electrical appliances for the purpose of selling or renting them, in violation of Article 26 (1); |
| 31. | A person who acts as a sales broker, a buying agent, or an import agent for electrical appliances subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc., in violation of Article 26 (2); |
| 32. | A person who labels the mark of child protective packaging or any similar mark or label thereto, in violation of Article 29 (2); |
| 33. | A person who fails to comply with an order issued under any of Article 32 (1) through (4) and (7). |
| (2) | Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won: |
| 1. | A person who alters or removes the safety certification mark, etc. at will, in violation of Article 9 (3); |
| 2. | A person who alters or removes the safety assurance mark, etc. at will, in violation of Article 9 (3); |
| 3. | A person who alters or removes the mark of the supplier's assurance of conformity, etc. at will, in violation of Article 25 (3). |
| (3) | Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: |
| 1. | A person who commits fraud or other wrongdoing to be exempted from safety certification under Article 6; |
| 2. | A person who uses an electrical appliance subject to safety certification without the safety certification mark, etc., in violation of Article 10 (3); |
| 3. | A person who issues a safety certification, in violation of Article 11 (3); |
| 4. | A person who commits fraud or other wrongdoing to be exempted from the safety assurance report under Article 16; |
| 5. | A person who uses an electrical appliance subject to safety assurance without the safety assurance mark, etc., in violation of Article 19 (3); |
| 6. | A person who commits fraud or other wrongdoing to be exempted from the supplier's assurance of conformity or the reporting of the supplier's assurance of conformity under Article 24; |
| 7. | A person who uses an electrical appliance subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc. in violation of Article 26 (3); |
| 8. | A person who fails to use child protective packaging materials for consumer products subject to child protective packaging, in violation of Article 28 (1); |
| 9. | A person who sells consumer products subject to child protective packaging without the mark of child protective packaging or imports, displays, or stores such products for the purpose of selling them, in violation of Article 30. |
| Article 41 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee, or servant who works for a corporation or for an individual commits an offense in violation of Article 40 in connection with the business of the corporation or individual, not only such offender shall be punished accordingly, but the corporation or individual also shall be punished by the fine specified in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not neglected due care and supervision over the relevant business to prevent such offense.
| Article 42 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine of not more than 10 million won: |
| 1. | A person who rejects, interferes with, or evades the periodic inspection under Article 7 (1); |
| 2. | A person who sells or rents consumer products subject to safety certification without the safety certification mark, etc. or imports, displays, or stores such products for the purpose of selling or renting them, in violation of Article 10 (1); |
| 3. | A person who sells or rents consumer products subject to safety assurance without the safety assurance mark, etc. or imports, displays, or stores such products for the purpose of selling or renting them, in violation of Article 19 (1); |
| 4. | A person who has not filed a report (or a revised report) on the use of child protective packaging under Article 28 (2); |
| 5. | A person who has not filed a report under Article 33 (1) or files a false report; |
| 6. | A person who rejects, interferes with, or evades an inspection or inquiry under Article 33 (1). |
| (2) | Any of the following persons shall be subject to an administrative fine of not more than 5 million won: |
| 1. | A person who fails to conduct an internal inspection under Article 7 (2) or makes and keeps a false record of an internal inspection; |
| 2. | A person who fails to label the safety certification mark, etc. in violation of Article 9 (1); |
| 3. | A person who fails to post information about safety certification in violation of Article 9 (4); |
| 4. | A person who acts as a sales broker, a buying agent, or an import agent for consumer products subject to safety certification without the safety certification mark, etc., in violation of Article 10 (2); |
| 5. | A person who uses a consumer product subject to safety certification without the safety certification mark, etc., in violation of Article 10 (3); |
| 6. | A person who fails to keep documents demonstrating that the relevant products conform to safety standards, in violation of Article 15 (4), or who keeps false documents regarding such products; |
| 7. | A person who fails to label the safety certification mark, etc., in violation of Article 18 (1); |
| 8. | A person who fails to post information on safety assurance, in violation of Article 18 (4); |
| 9. | A person who acts as a sales broker, a buying agent, or an import agent for consumer products subject to safety assurance without the safety assurance mark, etc., in violation of Article 19 (2); |
| 10. | A person who uses a consumer product subject to safety assurance without the safety assurance mark, etc., in violation of Article 19 (3); |
| 11. | A person who produces or imports products subject to the supplier's assurance of conformity without filing a report or revised report on the supplier's assurance of conformity, in violation of Article 23 (2); |
| 12. | A person who fails to keep documents demonstrating that the relevant products conform to safety standards, in violation of Article 23 (4), or who keeps false documents regarding such products; |
| 13. | A person who fails to put the mark of the supplier's assurance of conformity, etc., in violation of Article 25 (1); |
| 14. | A person who fails to post information about the supplier's assurance of conformity, in violation of Article 25 (4); |
| 15. | A person who sells or rents consumer products subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc. or imports, displays, or stores such consumer products for the purpose of selling or renting them, in violation of Article 26 (1); |
| 16. | A person who acts as a sales broker, a buying agent, or an import agent for consumer products subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc., in violation of Article 26 (2); |
| 17. | A person who uses a consumer product subject to the supplier's assurance of conformity without the mark of the supplier's assurance of conformity, etc., in violation of Article 26 (3); |
| 18. | A person who fails to label the mark of child protective packaging, in violation of Article 29 (1); |
| 19. | A person who sells a product subject to safety control to a child who has not attained the minimum age eligible for the use of the product subject to safety control, in violation of Article 31. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Trade, Industry and Energy or each Mayor/Do Governor, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Decree)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repeal of Other Act)
Article 3 (Applicability to Imposition of Penalty Surcharges)
The amended provisions of Article 13 and 22 shall apply where an order is issued to suspend business operations after this Act enters into force for a violation committed before. Article 4 (General Transitional Measures)
Article 5 (Transitional Measures concerning Deliberation Committee on the Safety of Industrial Products, etc.)
| (1) | The Deliberation Committee on the Safety of Industrial Products, existing at the time this Act enters into force, under Article 11 of the former Quality Control and Safety Management of Industrial Products Act shall be deemed the Product Safety Deliberation Committee under the amended provisions of Article 3 hereof. |
| (2) | The persons in service as the chairperson or members of the Deliberation Committee on the Safety of Industrial Products at the time this Act enters into force since they were elected, appointed, or commissioned under Article 11 (2) of the Quality Control and Safety Management of Industrial Products Act shall be deemed to have been elected, appointed, or commissioned as the chairperson or members of the Product Safety Deliberation Committee under the amended provisions of Article 3 (2) hereof, and the term of office of the commissioned members shall expire on the end of the term of office specified by Article 11 (3) of the Quality Control and Safety Management of Industrial Products Act. |
Article 6 (Transitional Measure concerning Designation of Safety Certification Agencies)
Article 7 (Transitional Measures concerning Safety Certification, etc.)
Article 8 (Transitional Measures concerning Periodic Inspections and Internal Inspections)
Article 9 (Transitional Measures concerning Safety Inspections of Electrical Appliances subject to Safety Certification)
The electrical appliances subject to safety certification, which passed a safety inspection under Article 5 (1) of the former Electrical Appliances Safety Control Act before this Act enters into force, shall be deemed to have passed a safety inspection conducted under the amended provisions of Article 8 (1) hereof. Article 10 (Transitional Measure concerning Labelling, etc.)
The safety certification mark, the mark of reporting of safety assurance, etc., the mark of voluntary assurance of safety, the mark of the supplier's assurance of conformity, the mark of safety and quality, the mark of child protective packaging put under Articles 6 (1), 13 (1), and 14-4 (1) of the former Electrical Appliances Safety Control Act and Articles 16 (1), 20 (1), 22 (1), and 25 (1) of the former Quality Control and Safety Management of Industrial Products Act before this Act enters into force shall be deemed the safety certification mark, etc., the safety assurance mark, etc., the mark of the supplier's assurance of conformity, etc., and the mark of child protective packaging put under Articles 9 (1), 18 (1), 25 (1), and 29 (1) hereof. Article 11 (Transitional Measure concerning Designation of Testing Agencies for Safety Assurance., etc.)
Article 12 (Transitional Measures concerning Reporting of Safety Assurance, etc.)
Article 13 (Transitional Measures concerning Safety Inspection of Electrical Appliances subject to Safety Assurance)
The electrical appliances subject to safety assurance, which passed a safety inspection conducted under Article 12 (1) of the former Electrical Appliances Safety Control Act before this Act enters into force, shall be deemed electrical appliances subject to safety assurance, which have passed a safety inspection conducted under the amended provisions of Article 17 (1) hereof. Article 14 (Transitional Measures concerning Supplier's Assurance of Conformity, etc.)
| (2) | The electrical appliances the conformity of which was assured by the supplier under main sentence of Article 14-3 (1) of the former Electrical Appliances Safety Control Act before this Act enters into force shall be deemed electrical appliances with the supplier's assurance of conformity under the amended provisions of Article 23 (2) hereof. |
| (3) | The electrical appliances exempted from the supplier's assurance of conformity under the proviso to Article 14-3 (1) of the former Electrical Appliances Safety Control Act before this Act enters into force shall be deemed electrical appliances subject to the supplier's assurance of conformity, which are exempted from the supplier's assurance of conformity or the reporting of the supplier's assurance of conformity under the amended provisions of Article 24. |
Article 15 (Transitional Measures concerning Industrial Products subject to Child Protective Packaging)
| (1) | If the Minister of Trade, Industry and Energy confirmed that a product was exempted from the use of child protective packaging under the proviso to Article 24 (1) of the former Quality Control and Safety Management of Industrial Products Act before this Act enters into force, it shall be deemed that the product is exempted from the use of child protective packaging under the amended proviso to Article 28 (1) hereof. |
Article 16 (Transitional Measure concerning Administrative Actions)
Article 17 (Transitional Measure concerning Penalty Provisions and Administrative Fines)
Article 18 Omitted.
Article 19 (Relationship to Other Acts and Subordinate Statutes)
ADDENDUM <Act No. 14593, Mar. 14, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Decree)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended in accordance with Article 5 of these addenda, amendments to Acts, which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.