ENFORCEMENT DECREE OF THE ELEVATOR FACILITIES SAFETY MANAGEMENT ACT
Presidential Decree No. 21345, Mar. 12, 2009
Amended by Presidential Decree No. 22723, Mar. 29, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24385, Feb. 20, 2013
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25442, Jul. 7, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26390, Jul. 6, 2015
Presidential Decree No. 27110, Apr. 26, 2016
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27675, Dec. 20, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28211, Jul. 26, 2017
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 2 Deleted. <by Presidential Decree No. 15431, Jul. 10, 1997> |
| Article 3 (Procedures, etc. for Registration of Manufacturing Business or Import Business) |
| (1) | Any person who intends to register elevator manufacturing business (hereinafter referred to as “manufacturing business”) or elevator import business (hereinafter referred to as “import business”) pursuant to Article 5 (1) of the Elevator Facilities Safety Management Act (hereinafter referred to as the “Act”) shall submit an application for registration to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) having jurisdiction over the location of his/her principal office, specifying the following information: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27110, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Trade name (for a legal entity, its name); |
| 2. | The location of the principal office; |
| 3. | The name and the date of birth of the representative; |
| 4. | The type of manufacturing business or import business determined by Ordinance of the Ministry of the Interior and Safety; |
| 6. | The current status of technical manpower and facilities; |
| 7. | Other information required for registration. |
| (2) | An application for registration under paragraph (1) shall be accompanied by the following documents: |
| 1. | Business plan containing elevator quality management plans; |
| 2. | After-sales management plan containing both the period for securing and holding spare parts for elevator maintenance and the plan for supplying such parts; |
| 3. | Documents to prove that the criteria for registration set forth in each subparagraph of Article 4 are met. |
| (3) | Any person who has obtained the registration of manufacturing business (hereinafter referred to as “manufacturer”) or any person who has obtained the registration of import business (hereinafter referred to as “importer”) pursuant to paragraph (1) shall submit a report on modification to the Mayor/Do Governor having jurisdiction over the location of his/her principal office within 30 days in accordance with the latter part of Article 5 (1) of the Act, if any of the following registered information is modified. In such cases, if the information referred to in subparagraph 2 is changed, he/she shall submit a report on change to the Mayor/Do Governor having jurisdiction over the location of his/her principal office after such change: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27110, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Trade name (for a legal entity, its name); |
| 2. | The location of the principal office; |
| 4. | The type of manufacturing business or import business determined by Ordinance of the Ministry of the Interior and Safety; |
| (4) | A Mayor/Do Governor shall handle affairs relating to registration and reporting of modification under paragraphs (1) through (3) by using a comprehensive elevator safety information network built and operated by the Minister of the Interior and Safety pursuant to Article 10-3 of the Act (hereinafter referred to as “comprehensive elevator safety information network”). <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (5) | In addition to matters prescribed in paragraphs (1) through (4), necessary matters regarding the registration of manufacturing business or import business and the reporting of modifications to registration shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 24385, Feb. 20, 2013]
| Article 4 (Criteria for Registration of Manufacturing Business or Import Business) |
The criteria for registration of manufacturing business or import business shall be as follows: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27110, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017>
| 1. | Capital (for a legal entity, referring to its paid-in capital and for an individual, referring to the estimated value of his/her assets) shall not be less than 200 million won; |
| 2. | Technical manpower, manufacturing equipment, test equipment, and after-sales management equipment determined by Ordinance of the Ministry of the Interior and Safety shall be equipped for each type of manufacturing business or import business under Article 3 (1) 4. |
[This Article Newly Inserted by Presidential Decree No. 24385, Feb. 20, 2013]
| Articles 5 and 6 Deleted. <by Presidential Decree No. 21345, Mar. 12, 2009> |
| Article 7 (After-Sales Management of Elevators) |
| (1) | A manufacturer, an importer, or a person who engages in the business of manufacturing or importing elevator parts (hereinafter referred to as "manufacturer, etc.") shall issue an operating manual (including guidelines for management, such as the replacement cycle of elevator parts; hereafter the same shall apply in this Article) and a warranty of quality specifying the following matters to a purchaser or a transferee of an elevator or elevator parts sold or transferred by him/her under Article 10 of the Act: <Amended by Presidential Decree No. 24385, Feb. 20, 2013> |
| 1. | Date of sale or transfer and the term of warranty; |
| 2. | Name (for a legal entity, names of the legal entity and its representative), address, and telephone number of the manufacturer, etc.; |
| 3. | Name (for a legal entity, names of the legal entity and its representative), address, and telephone number of the supplier of spare parts for elevator maintenance; |
| 4. | Particulars of warranty; |
| 5. | Information on the after-sales repair and support system; |
| 6. | The country of origin, the name of the maker, and the holding period of spare parts for elevator maintenance. |
| (2) | The term of warranty under paragraph (1) 1 shall be three years, and any trouble or defect in an elevator caused by its managing body within the said three years, notwithstanding the normal use or maintenance performed according to the operating manual, shall be gratuitously repaired (including the replacement of parts) by the manufacturer, etc. <Amended by Presidential Decree No. 27110, Apr. 26, 2016> |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 7-2 (Building and Operation of Comprehensive Elevator Safety Information Network) |
The Minister of the Interior and Safety may put a specific identifiable mark on each elevator with a view to building and operating a comprehensive elevator safety information network. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 24385, Feb. 20, 2013]
| Article 8 Deleted. <by Presidential Decree No. 24385, Feb. 20, 2013> |
| Article 9 (Criteria for Registration of Maintenance Business) |
The criteria for registration of maintenance business under Article 11 (3) of the Act (hereinafter referred to as “maintenance business”) shall be as follows: <Amended by Presidential Decree No. 24385, Feb. 20, 2013; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> | 1. | Capital (for a legal entity, referring to its paid-in capital and for an individual, referring to the estimated value of his/her assets) shall not be less than 100 million won; |
| 2. | Technical manpower and maintenance equipment determined by Ordinance of the Ministry of the Interior and Safety shall be equipped for each type of elevators subject to maintenance. |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| (1) | Each Mayor/Do Governor shall keep a register of manufacturers, importers, and maintenance business operators registered pursuant to Article 11 (1) of the Act (hereinafter referred to as “maintenance business operators”) and enter the following matters in the register: <Amended by Presidential Decree No. 24385, Feb. 20, 2013> |
| 1. | Date and number of registration; |
| 2. | Name of the registrant (for a legal entity, names of the legal entity and its representative) and his/her address; |
| 3. | Category of the registrant's business; |
| (2) | The form of the register under paragraph (1) shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The register under paragraph (1) shall be prepared and managed by using a comprehensive elevator safety information network. <Amended by Presidential Decree No. 24385, Feb. 20, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 11 (Limitations on Maintenance Subcontracting) |
| (1) | In accordance with the proviso to Article 11-5 of the Act, a maintenance business operator may subcontract part of his/her maintenance business to another maintenance business operator to the extent that meets all of the following requirements: |
| 1. | Within 50/100 of his/her maintenance business; |
| (2) | A document indicating the consent to conclude a subcontract under the proviso to Article 11-5 of the Act shall include the details and scope of the subcontract and the amounts of both the original contract and the subcontract. |
[This Article Newly Inserted by Presidential Decree No. 24385, Feb. 20, 2013]
| Article 12 Deleted. <by Presidential Decree No. 15431, Jul. 10, 1997> |
| Article 13 (Mark of Disqualified Elevator) |
The Minister of the Interior and Safety shall issue a mark indicating the prohibition of operation under Article 13 (2) or 13-2 (2) of the Act to the managing body of an elevator that has failed to pass an inspection pursuant to any subparagraph of Article 13 (1) of the Act or a close safety inspection pursuant to Article 13-2 (1) of the Act. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 14 Deleted. <by Presidential Decree No. 24385, Feb. 20, 2013> |
| Article 14-2 (Criteria, Items, Methods, etc. of Inspection) |
| (1) | The criteria, items, methods, etc. of inspections or close safety inspections under Article 13 (4) or 13-2 (3) of the Act shall be in accordance with the criteria, items, methods, etc. publicly notified by the Minister of the Interior and Safety by taking into consideration all of the following: <Amended by Presidential Decree No. 27110, Apr. 26, 2016; Presidential Decree No. 27299, Jun. 30, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| 2. | Types of inspections of elevators; |
| 3. | Structure and driving system of elevators; |
| 4. | Specialties of technology applied to elevators; |
| 5. | Other matters recognized as necessary by the Minister of the Interior and Safety to ensure the safety of elevators. |
| (2) | Where a completion inspection or an irregular inspection under Article 13 (1) 1 or 3 of the Act is performed, the Minister of Public Safety and Security shall have an applicant for the inspection or his/her agent attend the inspection, and where a regular inspection under subparagraph 2 of the same paragraph or a close safety inspection under Article 13-2 (1) of the Act is performed, the Minister of the Interior and Safety shall have an elevator safety manager under Article 16-2 of the Act or a person conducting self-examination of elevators under Article 17 (1) of the Act attend the inspection. <Amended by Presidential Decree No. 24385, Feb. 20, 2013; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety shall, in advance, inform the managing body of elevators subject to a close safety inspection under Article 13-2 (1) of the Act in writing (including electronic documents) of the matters necessary to conduct the close safety inspection, such as those subject to an inspection and reasons and time for the inspection. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 14-3 Deleted. <by Presidential Decree No. 20151, Jul. 2, 2007> |
| Article 14-4 (Duties of Judgment Committee on Accident Investigation) |
The duties of the Judgment Committee on Accident Investigation under Article 16-4 (5) of the Act (hereinafter referred to as "Committee") shall be as follows: <Amended by Presidential Decree No. 24385, Feb. 20, 2013> | 1. | Determination of the cause, etc. of an elevator accident; |
| 2. | Investigation of an elevator accident required for determination pursuant to subparagraph 1; |
| 3. | Examination of an investigation report regarding an elevator accident prepared by the accident investigation team pursuant to Article 16-4 (4) of the Act; |
| 4. | Study and researches necessary for determination and investigation of the cause, etc. of an elevator accident and for establishment, etc. of measures for prevention of elevator accidents; |
| 5. | Recommendation on measures to prevent elevator accidents. |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 14-5 (Organization, etc. of Committee) |
| (1) | The Committee shall be comprised of not less than 12 but not more than 20 members, including one chairperson, and members shall consist of one ex officio member and commissioned members. <Amended by Presidential Decree No. 26390, Jul. 6, 2015> |
| (2) | The chairperson shall be commissioned by the Minister of the Interior and Safety from among the following persons, the ex officio member shall be designated by the Minister of the Interior and Safety from among public officials of Grade IV or higher in charge of the elevator-related duties at the Ministry of the Interior and Safety or public officials in general service belonging to the Senior Executive Service, and commissioned members shall be commissioned by the Minister of the Interior and Safety from among the following persons who have abundant expert knowledge or experience in elevators: <Amended by Presidential Decree No. 24385, Feb. 20, 2013; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27110, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Persons for whom at least 15 years have passed since they acquired the qualification of lawyer; |
| 2. | Persons who are serving or served for at least five years as associate professors or higher, teaching the subjects relating to elevators at universities or colleges, such as safety management of elevators; |
| 3. | Persons who have served for at least two years as public officials of Grade IV or higher at administrative agencies or public officials in general service belonging to the Senior Executive Service; |
| 4. | Persons who have served for at least ten years at the inspection institutions designated pursuant to the proviso to Article 15 (1) of the Act (hereinafter referred to as "inspection institutions") or at Korea Elevator Safety Agency (hereinafter referred to as the "Agency") referred to in Article 15-3 of the Act; |
| 5. | Persons who served for at least 15 years at elevator-related companies and who were resigned prior to the latest three years. |
| (3) | The terms of office for commissioned members shall be three years, and they may be re-commissioned only once: Provided, That the term of office of a member for filling a vacancy shall be the remainder of his/her predecessor’s term of office. <Amended by Presidential Decree No. 24385, Feb. 20, 2013; Presidential Decree No. 27110, Apr. 26, 2016> |
| (4) | The Committee may have a secretariat to deal with the clerical work thereof. <Newly Inserted by Presidential Decree No. 24385, Feb. 20, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 14-6 (Dismissal of Members, etc.) |
Where a member of the Committee falls under any of the following, the Minister of the Interior and Safety may dismiss the relevant member or cancel his/her designation as a member: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
| 1. | Where he/she is deemed unable to perform his/her duties due to mental disorder; |
| 2. | Where he/she breaches an official duty; |
| 3. | Where he/she is deemed unsuitable to serve as a member for neglect of duties, injury to dignity, and other grounds; |
| 4. | Where he/she declares that it is difficult for him/her to conduct the duties as a member. |
[This Article Newly Inserted by Presidential Decree No. 27110, Apr. 26, 2016]
| Article 14-7 (Operation of Committee) |
| (1) | The chairperson shall convene and preside over meetings of the Committee, and exercise overall control over the affairs thereof. |
| (2) | Where the chairperson is unable to perform his/her duty due to any extenuating circumstance, the member designated by the chairperson in advance shall act on his/her behalf. |
| (3) | Any meeting of the Committee shall consist of the chairperson, ex officio members, and five members designated by the chairperson for the relevant meeting. <Amended by Presidential Decree No. 26390, Jul. 6, 2015> |
| (4) | Any meeting of the Committee shall open with the attendance of at least 2/3 of those who are prescribed in paragraph (3), and pass resolutions with the consent of a majority of the members present. <Newly Inserted by Presidential Decree No. 26390, Jul. 6, 2015> |
| (5) | The Committee shall not allow a member acknowledged as responsible for the cause of an elevator accident to attend any meeting of the relevant elevator accident of the Committee. <Amended by Presidential Decree No. 26390, Jul. 6, 2015> |
| (6) | The Committee may, if deeming it necessary, have a related person or related specialist attend and speak at the Committee, or present his/her opinion in writing. <Amended by Presidential Decree No. 26390, Jul. 6, 2015> |
| (7) | Allowances and travel expenses may be paid to any member, related persons, and related specialists who attend a meeting of the Committee within its budgetary limits: Provided, That where a member as a public official attends a meeting of the Committee in direct connection with his/her duties in charge, this shall not apply. |
| (8) | Matters necessary for operation of the Committee, other than those prescribed in paragraphs (1) through (6), shall be determined by the chairperson of the Committee after the resolution of the Committee. |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 15 (Self-Examinations of Elevators) |
| (1) | Any managing body of an elevator shall conduct a self-examination under Article 17 (1) of the Act (hereinafter referred to as "self-examination"), and input the results thereof in a comprehensive elevator safety information network by classifying them as good, requiring attention, requiring repair or urgent repair within five days from the date of the self-examination. <Amended by Presidential Decree No. 27110, Apr. 26, 2016> |
| (2) | "Elevators requiring an adjustment of the cycle of self-examination for reasons prescribed by Presidential Decree, such as the introduction of advanced repair and management techniques" in Article 17 (3) 3 of the Act means elevators whose cycle of examination is clearly expressed as within three months in the standard maintenance contract signed between the managing body of an elevator and the maintenance business operator among the following elevators: <Amended by Presidential Decree No. 24385, Feb. 20, 2013; Presidential Decree No. 26390, Jul. 6, 2015; Presidential Decree No. 27675, Dec. 20, 2016> |
| 1. | Elevators maintained and managed by a device with self-examination function, such as operation control and analysis of malfunction, and remote monitoring function capable of real-time management; |
| 2. | Elevators maintained and managed under a comprehensive maintenance contract including all maintenance activities for the safe operation of elevators, such as regular examination, preventive examination, replacement of parts and repair works; |
| (3) | Notwithstanding paragraph (2), none of the following elevators shall be deemed an elevator referred to in paragraph (2): <Newly Inserted by Presidential Decree No. 24385, Feb. 20, 2013; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Elevators for which ten years have passed since they underwent completion inspections under Article 13 (1) 1 of the Act (excluding elevators for which ten years have not passed since they underwent irregular inspections under Article 13 (1) 3 of the Act after replacement of any of the parts prescribed by Ordinance of the Ministry of the Interior and Safety); |
| 3. | Elevators which have undergone serious breakdowns under Article 16-4 (1) of the Act not less than three times within the recent one year. |
| (4) | Items and methods of the self-examination under paragraph (1) and other necessary matters shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 15-2 Deleted. <by Presidential Decree No. 18928, Jun. 30, 2005> |
| Article 16 (Persons Conducting Self-Examinations of Elevators) |
| (1) | Each managing body of elevators shall have any of the following persons, who has received education under Article 20 of the Act, conduct self-examinations of the elevators in accordance with Article 17 (1) of the Act: <Amended by Presidential Decree No. 26390, Jul. 6, 2015; Presidential Decree No. 27751, Dec. 30, 2016> |
| 2. | A person qualified as an elevator industrial engineer under the National Technical Qualifications Act with at least two months of work experience in design, manufacturing, installation, inspection, or maintenance of elevators; |
| 3. | A person qualified as an elevator craftsman under the National Technical Qualifications Act with at least four months of work experience in design, manufacturing, installation, inspection, or maintenance of elevators; |
| 4. | A person qualified as an industrial engineer in the fields of machinery, electricity or electronics, or higher under the National Technical Qualifications Act with at least four months of work experience in design, manufacturing, installation, inspection, or maintenance of elevators; |
| 5. | A person qualified as a craftsman in the fields of machinery, electricity or electronics, or higher under the National Technical Qualifications Act with at least six months of work experience in design, manufacturing, installation, inspection, or maintenance of elevators; |
| 6. | A person who has obtained a bachelor’s degree in elevator engineering, mechanical engineering, electrical engineering, electronics, or other similar courses of study from a university or college under subparagraph 1 of Article 2 of the Higher Education Act with at least six months of work experience in design, manufacturing, installation, inspection, or maintenance of elevators; |
| 7. | A person who has obtained an associate’s degree in elevator engineering, mechanical engineering, electrical engineering, electronics, or other similar courses of study from a junior college under subparagraph 4 of Article 2 of the Higher Education Act with at least one year of work experience in design, manufacturing, installation, inspection, or maintenance of elevators; |
| 8. | A person who has graduated in elevator engineering, mechanical engineering, electrical engineering, electronics, or other similar courses of study from a technical high school under the Elementary and Secondary Education Act with at least one year and six months of work experience in design, manufacturing, installation, inspection, or maintenance of elevators; |
| 9. | A person who has at least three years of work experience in design, manufacturing, installation, inspection, or maintenance of elevators. |
| (2) | Notwithstanding paragraph (1), the self-examinations of any high-speed elevators, which are determined by Ordinance of the Ministry of the Interior and Safety, shall be conducted by a person meeting the qualifications determined by Ordinance of the Minister of the Interior and Safety. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 24385, Feb. 20, 2013]
| Article 17 (Orders to Suspend Operation) |
When a Mayor/Do Governor issues an order to suspend operation of elevators pursuant to Article 18 (2) of the Act, he/she shall do so in writing, specifying the grounds for and period of such suspension. [This Article Wholly Amended by Presidential Decree No. 24385, Feb. 20, 2013]
| Article 18 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997> |
| Article 19 (Persons Subject to Education) |
For the purposes of Article 20 (1) 3 of the Act, the term "persons who meet the requirements prescribed by Presidential Decree" means any of the following persons: | 1. | Persons who perform affairs concerning the safety control of elevators; |
| 2. | Persons who engage in any service connected with elevators and wish to receive such education. |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 20 (Delegation and Entrustment of Authority) |
| (1) | The Minister of the Interior and Safety shall delegate the authority related to the postponement of inspection under Article 13 (3) of the Act to the Mayor/Do Governor under Article 23 (1) of the Act. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall entrust the following affairs to an inspection institution pursuant to Article 23 (2) of the Act: <Amended by Presidential Decree No. 24385, Feb. 20, 2013; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27110, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Notification of elevators which have failed to pass an inspection (limited to an inspection vicariously conducted by an inspection institution under the proviso to Article 15 (1) of the Act; hereafter the same shall apply in subparagraph 2) prescribed in Article 18 (1) of the Act; |
| 2. | Issuance of a mark for elevators which have failed to pass an inspection prescribed in Article 13. |
| (3) | The Minister of the Interior and Safety shall entrust the following affairs to the head of the Institute pursuant to Article 23 (2) of the Act: <Amended by Presidential Decree No. 24385, Feb. 20, 2013; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27110, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| 2. | Building and operation of a comprehensive elevator safety information network and provision of information; |
| 4. | Notification of elevators which have failed to undergo an inspection or a close safety inspection under Article 18 (1) of the Act; |
| 5. | Notification of elevators which have failed to pass an inspection or a close safety inspection (limited to an inspection vicariously conducted by the Institute under the main body of Article 15 (1) of the Act; hereafter the same shall apply in subparagraph 8) prescribed in Article 18 (1) of the Act; |
| 6. | Report on the career, etc. of a maintenance technician (including a report on any change therein; hereinafter the same shall apply) under Article 20-2 (1) of the Act, and the management, and the issuance of a certificate, of the career, etc. of a maintenance technician under paragraph (2) of the same Article; |
| 7. | Confirmation of materials detailing the workforce, equipment, and performance records of an inspection institution which are submitted or reported under Article 21 (1) of the Act; |
| 8. | Issuance of a mark for elevators which have failed to pass an inspection or a close safety inspection prescribed in Article 13; |
| 9. | Confirmation of results of regular inspections conducted by an inspection institution in accordance with the criteria, items, and methods of inspections prescribed in Article 14-2 (1); |
| 10. | Affairs related to the notification of matters important and necessary in conducting a close safety inspection under Article 14-2 (3). |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 20-2 (Reporting, etc.) |
| (1) | The Mayor/Do Governor delegated with the authority, or the head of the Agency and the head of the inspection institution entrusted with affairs pursuant to Article 20 shall report the outcome of processing the delegated or entrusted matters to the Minister of the Interior and Safety, as determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27110, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | Where the head of the Agency and the head of the inspection institution violates the Act or this Decree in handling matters entrusted under Article 20 (2) or (3), the Minister of the Interior and Safety may order him/her to correct it. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27110, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The head of the Agency and the head of the inspection institution who receives any correction order under paragraph (2) shall correct the relevant violation without delay and report the result thereof to the Minister of the Interior and Safety. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27110, Apr. 26, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
| Article 20-3 (Handling of Sensitive Information and Personally Identifiable Information) |
| (1) | The Minister of the Interior and Safety (including any person to whom the authority of the Minister of the Interior and Safety is delegated or entrusted pursuant to Article 20) may handle data containing resident registration numbers, passport numbers, or foreigner registration numbers (hereafter referred to as “resident registration numbers, etc.” in this Article) under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs: <Amended by Presidential Decree No. 24385, Feb. 20, 2013; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Affairs relating to the comprehensive management of information related to elevator safety under Article 10-3 of the Act; |
| 2. | Affairs relating to the selection of business entities with excellent maintenance quality under Article 11-6 of the Act; |
| 3. | Deleted; <by Presidential Decree No. 24385, Feb. 20, 2013> |
| 4. | Affairs relating to the designation, revocation of designation, or suspension of business of inspection institutions under Articles 15 and 15-2 of the Act; |
| 5. | Affairs relating to the notification of the appointment, replacement, etc. of elevator safety managers under Article 16-2 (2) of the Act; |
| 6. | Affairs relating to the management of elevator safety management technicians under Article 20 of the Act; |
| 7. | Affairs relating to the reporting of the careers, etc. of maintenance technicians under Article 20-2 (1) of the Act and to the management, and the issuance of certificates, of the careers, etc. of maintenance technicians under paragraph (2) of the same Article; |
| (2) | Where it is inevitable to perform affairs relating to the registration of manufacturing business or import business, the reporting of modifications to registration, or the revocation of registration under Articles 5 and 6 of the Act, the Mayor/Do Governor may handle data containing resident registration numbers, etc. <Newly Inserted by Presidential Decree No. 24385, Feb. 20, 2013> |
| (4) | Institutions determined by Ordinance of the Ministry of the Interior and Safety under Article 16-2 (4) of the Act and institutions publicly notified by the Minister of the Interior and Safety under Article 20 of the Act may handle data containing resident registration numbers, etc. if inevitable to perform educational affairs under the said Articles. <Amended by Presidential Decree No. 24385, Feb. 20, 2013; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (5) | Public officials performing inspection affairs under Article 21 (3) of the Act may handle data containing resident registration numbers, etc. if inevitable to perform such affairs. <Amended by Presidential Decree No. 24385, Feb. 20, 2013> |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 20-4 (Re-Examination of Regulation) |
| (1) | The Minister of the Interior and Safety shall re-examine the appropriateness of the following matters and take measures for improvement, etc. every three years based on the following base dates (referring to the period that ends on the day before the base date of every third year): <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The allowable scope of subcontracting of elevator maintenance business under Article 11: January 1, 2017; |
| 2. | The criteria, items, or methods of inspections of elevators under Article 14-2: January 1, 2017; |
| 3. | Qualification of persons conducting self-examinations on elevators under Article 16: January 1, 2017. |
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 12, 2016]
| Article 21 (Standards for Imposition of Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 22723, Mar. 29, 2011]
ADDENDUM
This Decree shall enter into force on July 1, 1992.
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 13922, Jul. 1, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 1993.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 14015, Dec. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 15431, Jul. 10, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Elevator Repair Businessman)
Those who operate a repair business under the previous provisions as at the time this Decree enters into force shall be regarded as those who operate a repair business under this Decree: Provided, That they shall conform to the registration criteria prescribed in the amended provisions of Article 9 and report it to the Minister of Commerce, Industry and Energy, within six months from the enforcement date of this Decree.
Article 3 (Transitional Measures concerning Those Allowed to Conduct Self-Inspection of Elevator)
Those who are in charge of self-inspection of elevator under the previous Article 16 as at the time this Decree enters into force shall be deemed as those who are able to perform self-inspection under this Decree.
Article 4 (Transitional Measures concerning Administrative Fines)
Application of administrative fines for acts committed prior to this Decree enters into force shall be dealt with according to the previous applicable provisions.
Article 5 (Application Examples concerning Period of Inspection Record Maintenance)
Amended provisions of Article 15 (1) shall be applied to the first inspection records performed or later after this Decree enters into force.
Article 6 Omitted.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM <Presidential Decree No. 16236, Apr. 9, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16351, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17702, Aug. 8, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Criteria for Designation of Inspection Institutions) The inspection institutions designated under Article 15 (1) of the Act as at the time this Decree enters into force shall satisfy the requirements for designation criteria under the amended provisions of Article 14-3 by December 31, 2003. |
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18928, Jun. 30, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2005: Provided, That the amended provisions of Articles 3 through 6 shall enter into force six months after the date of its enforcement. |
| (2) | (Applicable Examples regarding Application for Extension of Validity Period) The amended provisions of Article 14 (1) 1 and 3 shall apply to the first application for extension of validity period after this Decree enters into force. |
| (3) | (Applicable Example regarding Method of Preparing Inspection Record of Self-Inspection) The amended provisions of Article 15 (1) shall apply to the first self-inspection of elevator after this Decree enters into force. |
| (4) | (Transitional Measures regarding Fine for Negligence) The amended provisions of attached Table 2 shall apply to the imposition of fine for negligence for acts committed before this Decree enters into force. |
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20151, Jul. 2, 2007>
This Decree shall enter into force on July 4, 2007.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 2008.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 21262, Jan. 14, 2009>
This Decree shall enter into force on January 18, 2009.
ADDENDUM <Presidential Decree No. 21345, Mar. 12, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22723, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | In applying the standards for the imposition of administrative fines to any offenses committed before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of the attached Table. |
| (2) | In calculating the number of offenses under the amended provisions of the attached Table, the dispositions of administrative fines taken against offenses committed before this Decree enters into force shall not be included. |
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24385, Feb. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 23, 2013: Provided, That the amended provisions of Article 16 shall enter into force six months after the date of its promulgation; and the amended provisions of Article 15 (3), one year after the date of its promulgation. Article 2 (Applicability to After-Sales Management of Elevators)
The amended provisions of Article 7 shall apply to any elevators or elevator parts that are sold or transferred after this Decree enters into force. Article 3 (Applicability to Attendance at Inspections of Elevators)
The amended provisions of Article 14-2 (2) shall apply to any applications for completion inspections, regular inspections, or irregular inspections that are filed under Article 13 (1) 1 through 3 of the Act, or to any applications for close safety inspections that are filed under Article 13-2 (1) of the Act, after this Decree enters into force.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended portions of any Presidential Decree which is revised pursuant to Article 6 of the Addenda and promulgated before this Decree enters into force, but the enforcement date of which has yet to come, shall enter into force on the enforcement date of such Presidential Decree.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2014. (Proviso Omitted)
ADDENDUM <Presidential Decree No. 25442, Jul. 7, 2014>
This Decree shall enter into force on July 8, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to Presidential Decrees that are promulgated before this Decree enters into force but their enforcement dates have yet to arrive, among the Presidential Decrees amended pursuant to Article 5 of Addenda, shall enter into force on their respective enforcement dates of the relevant Presidential Decrees.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26390, Jul. 6, 2015>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14-5 and 14-6 (3) and (4) shall enter into force six months after the promulgation date of this Decree.
ADDENDA <Presidential Decree No. 27110, Apr. 26, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14-5 (2), 15 (1), 20 (2) and (3), 20-2 and attached Table 2 and the provisions of Article 2 of the Addenda shall enter into force on July 1, 2016. Article 2 Omitted.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 27675, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended by Article 8 of the Addenda, the amendment to Presidential Decrees which have been promulgated before this Decree enters into force, but enforcement dates of which have yet to arrive shall enter into force on the enforcement date of the relevant Presidential Decree.
Article 2 Omitted.