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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON THE SAFETY OF PRODUCTS

Presidential Decree No. 22651, Jan. 28, 2011

Amended by Presidential Decree No. 24060, Aug. 22, 2012

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 24955, Dec. 11, 2013

Presidential Decree No. 25393, jun. 25, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26441, Jul. 24, 2015

Presidential Decree No. 26646, Nov. 18, 2015

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27806, Jan. 26, 2017

Presidential Decree No. 28316, Sep. 19, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Framework Act on the Safety of Products and matters necessary for enforcing the said Act.
CHAPTER II FORMULATION, ETC. OF COMPREHENSIVE PLANS FOR PRODUCT SAFETY MANAGEMENT
 Article 2 (Formulation of Comprehensive Plans for Product Safety Management)
(1) The Minister of Trade, Industry and Energy shall formulate a comprehensive plan for product safety management (hereinafter referred to as "comprehensive plan") pursuant to Article 7 (1) of the Framework Act on the Safety of Products (hereinafter referred to as the "Act"). <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) Where the Minister of Trade, Industry and Energy prepares a comprehensive plan pursuant to paragraph (1), he/she shall consult with the heads of related central administrative agencies and consider the opinions of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26441, Jul. 24, 2015>
(3) Where necessary to formulate a comprehensive plan, the Minister of Trade, Industry and Energy may request the heads of related central administrative agencies or Mayors/Do Governors to submit relevant data. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(4) Where the Minister of Trade, Industry and Energy formulates a comprehensive plan, he/she shall notify the heads of related central administrative agencies and Mayors/Do Governors of the comprehensive plan. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 2-2 (Composition and Operation of Product Safety Policy Council)
(1) "Central administrative agencies prescribed by Presidential Decree" in Article 7-2 (2) of the Act means:
1. The Ministry of Science and ICT;
2. The Ministry of the Interior and Safety;
3. The Ministry of Trade, Industry and Energy;
4. The Ministry of Health and Welfare;
5. The Ministry of Environment;
6. The Ministry of Employment and Labor;
7. The Ministry of Land, Infrastructure and Transport;
8. The Office for Government Policy Coordination;
9. The Fair Trade Commission;
10. The Ministry of Food and Drug Safety;
11. The Korea Customs Service;
12. The Korean National Police Agency.
(2) The Product Safety Policy Council under Article 7-2 of the Act (hereinafter referred to as the "Policy Council") shall consist of the Chairperson and members each of whom is appointed by the head of the relevant central administrative agency from among the members of the Senior Executive Services of the central administrative agencies listed in paragraph (1).
(3) The Chairperson of the Policy Council (hereinafter referred to as the "Chairperson") shall represent the Policy Council and administer all its business affairs.
(4) A member of the Policy Council who belongs to the Ministry of Trade, Industry and Energy shall serve as the secretary of the Policy Council under Article 7-2 (3) of the Act.
(5) Where the Chairperson is unable to perform his/her duties due to extenuating circumstances, a member of the Policy Council pre-appointed by the Chairperson shall perform the duties of the Chairperson on his/her behalf.
(6) The Chairperson shall convene and chair meetings of the Policy Council.
(7) A quorum for the Policy Council meetings shall be a majority of the incumbent members; and shall pass resolutions with concurring votes of a majority of the members present.
(8) Where necessary for efficient cooperation among government agencies, the Chairperson may establish a subcouncil for each agenda item which consists of the members of the Policy Council of related central administrative agencies.
(9) Where necessary to discuss and coordinate agenda items, the Chairperson may request related agencies, public officials, experts, etc. to submit material; to provide their opinions; and to cooperate in other necessary matters.
(10) Except as otherwise expressly provided for in paragraphs (1) through (9), the Chairperson shall prescribe matters necessary for organizing and operating the Policy Council and each subcouncil through resolutions adopted by the Policy Council.
[This Article Newly Inserted by Presidential Decree No. 28316, Sep. 19, 2017]
 Article 2-3 (Composition and Operation of Working Council)
(1) A working council under Article 7-2 (4) of the Act shall review and coordinate the following at a practical level:
1. Matters which require prior review and coordination for agenda items of the Policy Council;
2. Other matters the Chairperson of the Policy Council requests the working council to discuss at a practical level.
(2) The Administrator of the Korean Agency for Technology and Standards shall serve as the chairperson of the working council (hereafter in this Article, referred to as "chairperson"); and one person each appointed by the head of the relevant central administrative agency from among public officials of Grade 4 or above or equivalent thereto (including members of the Senior Executive Service) who belong to the central administrative agencies listed in Article 2-2 (1) shall serve as members of the working council.
(3) One secretary shall be assigned to the working council, and a member of the working council who belongs to the Ministry of Trade, Industry and Energy shall serve as the secretary.
(4) Where the chairperson is unable to perform his/her duties due to extenuating circumstances, a person pre-appointed by the chairperson from among members of the Senior Executive Service of the Ministry of Trade, Industry and Energy shall perform the duties on behalf of the chairperson.
(5) The provisions of Article 2-2 (3) and (6) through (10) shall apply mutatis mutandis to establishing and operating the working council. In such cases, "Policy Council" shall be construed as "working council."
[This Article Newly Inserted by Presidential Decree No. 28316, Sep. 19, 2017]
 Article 3 (Scope of Statistical Surveys and Survey Targets)
The scope of statistical surveys and survey targets to produce statistics on product-related accidents and product defects under Article 8 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 26441, Jul. 24, 2015; Presidential Decree No. 26646, Nov. 18, 2015>
1. Matters concerning products which fail to meet safety standards and products with risks verified through safety inspections under Article 9 (1), 9-2 (1) or 9-3 (1) of the Act;
2. Matters concerning products which business owners have been recommended or ordered to recall, destroy, repair, exchange, refund, improve; not to manufacture or distribute; or to take other necessary measures (hereinafter referred to as "recall, etc.") pursuant to Articles 10 and 11 of the Act;
3. Matters concerning products business owners have recalled pursuant to Article 13 of the Act;
3-2. Matters concerning products business owners have reported pursuant to Article 13-2 of the Act;
4. Matters concerning accidents under Article 15 (1) of the Act;
5. Other matters necessary to formulate a comprehensive plan.
CHAPTER III MEANS TO SECURE PRODUCT SAFETY
 Article 4 (Procedures, etc. for Safety Inspections)
(1) Where necessary for conducting a safety inspection pursuant to Article 9 (1), 9-2 (1) or 9-3 (1) of the Act, the head of a central administrative agency may outsource testing, inspections, etc. as to the risk of a product, to any of the following institutions or organizations: <Amended by Presidential Decree No. 25393, Jun. 25, 2014; Presidential Decree No. 26441, Jul. 24, 2015; Presidential Decree No. 26646, Nov. 18, 2015; Presidential Decree No. 27806, Jan. 26, 2017>
1. The Korean Product Safety Association under Article 21 of the Act;
2. Government-funded science and technology research institutes under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;
3. Testing and inspection agencies approved pursuant to Article 23 of the Framework Act on National Standards;
4. The Korea Consumer Agency under Article 33 of the Framework Act on Consumers;
5. Safety certification agencies under Article 4 (1) of the Electrical Appliances and Consumer Products Safety Control Act;
6. Deleted. <by Presidential Decree No. 27806, Jan. 26, 2017>
7. Other institutions or organizations approved by the heads of central administrative agencies, as having expertise in product safety inspections.
(2) No head of a central administrative agency shall outsource testing, inspections, etc. as to the risk of a product under paragraph (1), to any institution or organization which has certified the product safety: Provided, That where deemed that the risk of a product can be tested, inspected, etc. only by the institution or organization which has certified the product safety, the head of a central administrative agency may outsource the testing, inspections, etc. to such institution or organization. <Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015>
(3) The plan for a safety inspection shall include the following on the relevant product:
1. Product name, model, photographs of the product, and certification number;
2. Quantity of products to be inspected;
3. Date of manufacture or import;
4. Country of manufacture;
5. Name, address and contact details of the business owner;
6. Other matters necessary to conduct a safety inspection.
(4) Where the risk of a product has been identified or is likely to be through a safety inspection, the head of a central administrative agency shall immediately notify the relevant business owner and the safety certification agency which has certified the relevant product safety of the fact.
 Article 5 (Retaining Findings of Safety Inspections)
(1) Where the head of a central administrative agency conducts safety inspections pursuant to Article 9 (1), 9-2 (1) or 9-3 (1) of the Act, he/she shall retain the details and findings of safety inspections for three years. In such cases, he/she may prepare and retain the details and findings of safety inspections in electronic form. <Amended by Presidential Decree No. 26646, Nov. 18, 2015>
(2) A business owner or consumer who intends to access the findings of the safety inspection on the relevant product pursuant to Article 9 (2) of the Act shall request the head of a central administrative agency to access such findings. In such cases, the head of the competent central administrative agency shall allow the business owner or consumer who has filed such request to access the details and findings of the safety inspection, except in extenuating circumstances. <Amended by Presidential Decree No. 26441, Jul. 24, 2015>
(3) A consumer who intends to access the details and findings of the safety inspection pursuant to paragraph (2) shall submit a Request for Access to Findings of Product Safety Inspection in Form 1 to the head of the competent central administrative agency. <Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015>
(4) The scope of the details and findings of the safety inspection, accessible by a consumer who has submitted a Request for Access pursuant to paragraph (3) shall be as follows: <Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015>
1. Name of the business owner, name and model of the relevant product;
2. Whether the relevant product meets safety standards.
 Article 5-2 (Request for Safety Inspections)
(1) "At least a certain number of consumers prescribed by Presidential Decree" in Article 9-2 (1) of the Act means at least five consumers.
(2) "Grounds for making a request, the scope of the request, and requirements prescribed by Presidential Decree, such as preparing certificates to identify consumers" in Article 9-2 (1) of the Act means:
1. Grounds for making a request and the scope of the request shall be specified;
2. A certificate to identify consumers shall be submitted;
3. The name of the business owner, the name and model of the product to be inspected upon request shall be specified.
(3) A consumer who intends to request a safety inspection pursuant to Article 9-2 (1) of the Act shall submit a Request for Product Safety Inspection in Form 1-2 to the head of a related central administrative agency.
(4) Where the head of a central administrative agency, in receipt of a Request for Product Safety Inspection pursuant to paragraph (3), deems that the matters requested do not fall under Article 9-2 (1) of the Act, he/she shall immediately conduct the safety inspection.
(5) The head of a central administrative agency shall give written notice of the findings of a safety inspection, to the representative of consumers who have requested the safety inspection pursuant to the former part of Article 9-2 (2) of the Act. In such cases, where consumers have requested a special method of notification, he/she shall notify consumers by the method requested.
(6) The head of a central administrative agency may require consumers who have requested a safety inspection pursuant to the latter part of Article 9-2 (2) of the Act to pay fees fixed based on expenses incurred in purchasing materials or labor cost of an institution or organization to which testing, inspections, etc. are outsourced pursuant to Article 4 (1).
(7) A consumer shall pay a fee under paragraph (6) with a revenue stamp. In such cases, the consumer may pay a fee with electronic money, by electronic payment, etc. using an information and communications network.
[This Article Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015]
 Article 5-3 (Sharing, etc. of Information on Imported Products)
(1) "Products prescribed by Presidential Decree" in Article 9-3 (1) of the Act means children's products subject to safety management defined in subparagraph 13 of Article 2 of the Special Act on the Safety of Products for Children.
(2) "Information prescribed by Presidential Decree, such as information on business owners who distribute illegal or defective products" in Article 9-3 (2) of the Act means:
1. Business registration number, trade name, address, contact details and the name of the representative of a business owner who distributes illegal or defective products;
2. Business registration number, trade name, address, contact details and the name of the representative of a business owner on whom an administrative measure or penalty has been imposed for violating safety requirements prescribed by individual statutes;
3. Names, models and quantities and the dates of customs clearance of products subject to safety management under Article 9 (1) 1 of the Act and products under paragraph (1); and the names of business owners who distribute the relevant products, import declaration numbers and business registration numbers;
4. Other information concerning illegal or defective products which the head of a central administrative agency deems necessary for managing the safety of imported products in consultation with the Commissioner of the Korea Customs Service.
(3) Any business owner who intends to access the findings of a safety inspection on the imported product pursuant to Article 9-3 (3) of the Act shall request the head of a central administrative agency to access such findings. In such cases, the head of the competent central administrative agency shall allow the business owner to access the details and findings of the safety inspection, except in extenuating circumstances.
[This Article Newly Inserted by Presidential Decree No. 26646, Nov. 18, 2015]
 Article 5-4 (Safety Inspections on Imported Products and Follow-up Measures)
(1) Where the Commissioner of the Korea Customs Service is requested to return or destroy an imported product before customs clearance pursuant to the main sentence of Article 9-3 (4) of the Act, he/she shall take necessary measures pursuant to Article 160 or 241 of the Customs Act.
(2) Where the head of a central administrative agency requests the Commissioner of the Korea Customs Service to take improvement measures pursuant to the main sentence of Article 9-3 (4) of the Act, the Commissioner of the Korea Customs Service may require the business owner of the relevant product to take improvement measures. In such cases, the business owner shall take improvement measures, except in extenuating circumstances.
(3) Significant defects under Article 9-3 (4) 2 of the Act shall be as follows:
1. A defect which poses or is likely to pose the following harm to customers due to the lack of safety normally expected regarding the manufacture, distribution or use of a product:
(a) Death;
(b) Physical injury, such as a fracture, suffocation, a burn or electric shock, or disease which requires medical treatment for at least four weeks in a medical institution under Article 3 (2) of the Medical Service Act;
2. A defect which causes or is likely to cause a fire or explosion.
[This Article Newly Inserted by Presidential Decree No. 26646, Nov. 18, 2015]
 Article 6 (Procedures for Recall Recommendations, etc.)
(1) Where the head of a central administrative agency recommends a business owner to implement a recall, etc. pursuant to Article 10 (1) of the Act, he/she shall issue the document (including an electronic document), specifically stating the following:
1. Name, trademark and model name of the relevant product;
2. Grounds for issuing a recommendation and the details thereof;
3. Trade name of the manufacturer or importer of the relevant product and the name of the representative thereof;
4. Deadline for notifying whether the business owner will accept the recommendation;
5. Measures to be taken when the business owner refuses to accept the recommendation;
6. Other matters the head of a central administrative agency deems necessary for the business owner to implement the recall, etc.
(2) A business owner, in receipt of a recall recommendation, etc. pursuant to paragraph (1), shall notify the head of a central administrative agency of whether he/she accepts the recommendation in writing, stating the following, within ten days:
1. Trade name of the business owner and the name of the representative thereof;
2. Whether he/she accepts the recommendation;
3. The serial number or lot number of the relevant product;
4. A plan to take measures, such as the timing and method for the recall, etc.;
5. Where he/she refuses to accept the recommendation, grounds for such refusal.
 Article 7 (Methods of Public Announcement)
The head of a central administrative agency may publicly announce the following through newspapers, broadcast media or the product safety information network specified in Article 16 (1) of the Act pursuant to Article 10 (2) of the Act:
1. Name, trademark and model name of the product under recall;
2. The serial number or lot number of the product under recall;
3. Grounds for issuing recall recommendations and the details thereof;
4. Trade name of the business responsible for complying with the recall recommendations and the name of the representative thereof;
5. Other matters which the head of a central administrative agency deems necessary to protect consumers.
 Article 8 (Reports, etc. on Status of Product Recalls, etc.)
(1) "Matters prescribed by Presidential Decree, such as the outcomes of taking measures" in Article 10 (3) of the Act mean:
1. Matters recommended by the head of a central administrative agency on the recall, etc.;
2. Details of the recall, etc. and the amount of products recalled;
3. Measures to be taken if the recall action, etc. fails;
4. Measures to prevent further dangers.
(2) A person who intends to file a report under Article 10 (3) of the Act shall submit a Report on Status of Product Recalls in Form 1-3 to the head of a central administrative agency. <Amended by Presidential Decree No. 26441, Jul. 24, 2015>
 Article 9 (Procedures for Issuing Orders, etc. for Product Recalls)
(1) Where the head of a central administrative agency issues an order for a product recall, etc. pursuant to Article 11 (1) of the Act, he/she shall issue the document (including an electronic document) stating the following:
1. Name, trademark, and model name of the product under recall;
2. The serial number or lot number of the product under recall;
3. Grounds for issuing an order for a product recall, etc., and the details thereof;
4. Trade name of the manufacturer or the importer of the product under recall and the name of the representative thereof;
5. Timing and methods for the recall, etc.;
6. Other matters the head of a central administrative agency deems necessary to issue an order for a product recall, etc.
(2) Article 7 shall apply mutatis mutandis to the public announcement of an order for product recall under Article 11 (1) of the Act. In such cases, "recommendation" shall be construed as "order."
 Article 10 (Scope of Significant Defects)
"Significant defects prescribed by Presidential Decree" in Article 11 (1) 3 of the Act means the defects referred to in Article 5-4 (3): <Amended by Presidential Decree No. 26441, Jul. 24, 2015; Presidential Decree No. 26646, Nov. 18, 2015>
1. and 2. Deleted. <by Presidential Decree No. 26646, Nov. 18, 2015>
 Article 11 (Matters to be Reported)
(1) "Matters prescribed by Presidential Decree, such as the result of measures taken" in Article 11 (2) of the Act means the matters referred to in Article 8 (1). In such cases, "recommendation" shall be construed as "order."
(2) Article 8 (2) shall apply mutatis mutandis to the procedures for reporting under Article 11 (2) of the Act.
 Article 12 (Measures, such as Direct Recalls of Products)
The Administrative Vicarious Execution Act shall apply to the procedures for collecting expenses incurred in implementing a recall, etc. under the latter part of Article 11 (3) of the Act. <Amended by Presidential Decree No. 26441, Jul. 24, 2015>
 Article 13 (Procedures for Filing Application, etc. for Withdrawal of Recommendation, etc.)
(1) A business owner who intends to raise an objection against a recall recommendation, recall order, etc. pursuant to Article 12 (1) of the Act shall submit an Application for Withdrawal of Recall Recommendation, Recall Order, etc. in Form 2 to the head of the competent central administrative agency.
(2) Where the head of the competent central administrative agency extends the time frame for determining whether to withdraw a recall recommendation, recall order, etc. pursuant to the proviso to Article 12 (2) of the Act, he/she shall notify an applicant in writing, specifically stating the grounds for extending the time frame, the time frame to be extended, etc.
(3) Where the head of the competent central administrative agency determines whether a recall recommendation, recall order, etc. is fully or partially withdrawn pursuant to Article 12 (2) of the Act, he/she shall immediately notify a business owner who has applied to withdraw the same of his/her determination. In such cases, where he/she has published his/her recommendation or order pursuant to Article 10 (2) or 11 (1) of the Act, the withdrawal of such recommendation or order shall be published in the same manner as his/her recommendation or order.
 Article 14 (Methods of Voluntary Product Recalls, etc.)
(1) A report under Article 13 (1) of the Act shall include the following:
1. Name, trademark, kind, grade and designation of the product under voluntary recall;
2. An item number of the product under voluntary recall and the date of manufacture (where the date of manufacture is unknown, referring to the date of import).
(2) Where a business owner intends to initiate a recall, etc. under Article 13 (1) of the Act, he/she shall submit a Product Recall Plan in Form 3 to the head of the competent central administrative agency within ten days from the date he/she becomes aware that the product might endanger consumer health and safety.
(3) Where the head of the competent central administrative agency, in receipt of a Product Recall Plan under paragraph (2), deems such Plan insufficient to eliminate risks associated with the relevant product, he/she may require a business owner to rectify deficiencies.
(4) A person who intends to file a report under Article 13 (2) of the Act shall submit a Report on Status of Voluntary Product Recall, etc. in Form 4 to the head of the competent central administrative agency.
(5) A person who intends to file a report under the main sentence of Article 13 (3) of the Act shall submit a Report on Status of Product Recall, etc. in Foreign Countries in Form 5 to the head of the competent central administrative agency. <Newly Inserted by Presidential Decree No. 24060, Aug. 22, 2012>
 Article 14-2 (Business Owner’s Duty to Report)
(1) "Accidents prescribed by Presidential Decree, such as an accident which occurs due to user negligence" in Article 13-2 (1) of the Act means the following:
1. An accident which occurs due to negligent operation of a motor vehicle, motor, bicycle, vessel, train or aircraft;
2. An accident in which case the customer committed suicide or injured himself/herself or intentionally injured or killed another person using the product;
3. An accident which occurs due to the same product as reported by a business owner or another business owner;
4. An accident reported pursuant to individual statutes.
(2) "Matters prescribed by Presidential Decree, such as the name of the relevant product, details of an accident and the quantity of product sold" in Article 13-2 (1) of the Act means the following:
1. Name, trademark and model name of the relevant product;
2. How, when and where the accident occurs;
3. Quantity of the product sold and the period during which the product was sold;
4. Period of manufacture and the quantity of the product manufactured.
(3) "Accidents prescribed by Presidential Decree, such as where the same product causes recurring accidents" in Article 13-2 (1) 4 of the Act means:
1. An accident in which the same product has caused an injury or disease at least three times, which requires medical treatment in a medical institution referred to in Article 3 of the Medical Service Act;
2. An accident in which at least three persons have suffered an injury or disease which requires medical treatment in a medical institution referred to in Article 3 of the Medical Service Act;
3. An accident specified in Article 13-2 (1) 1 through 3 of the Act, which has occurred in a foreign country due to the same product as the product on the market.
(4) A person who intends to file a report under Article 13-2 (1) of the Act shall submit a Report on Product-Related Accident in Form 5-2 to the head of the competent central administrative agency within 48 hours from the time he/she becomes aware of the accident.
[This Article Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015]
 Article 15 (Scope, etc. of Data Requested to be Submitted)
In order to ascertain the details and causes of an accident (hereinafter referred to as "product-related accident") under the former part of Article 15 (1) of the Act and to take necessary safety measures, the head of a central administrative agency may request the following data from a business owner or the head of an agency specified in Article 15 (1) of the Act: <Amended by Presidential Decree No. 26441, Jul. 24, 2015>
1. Data regarding the manufacture, design or description of the relevant product;
2. Data regarding the quantity, sale, etc. of the product manufactured or distributed;
2-2. Data regarding any harm or damage to health, safety or property caused by the relevant product (excluding personal information defined in subparagraph 1 of Article 2 of the Personal Information Protection Act);
2-3. Data regarding the findings of inspections on the product safety, and analysis of experiments and tests conducted by a business owner or an agency referred to in Article 15 (1) of the Act;
2-4. Data regarding cases in which the product which has caused the accident has violated statutes;
3. Other data necessary to ascertain the details and causes of product-related accidents.
 Article 16 (Methods, etc. of Investigating Product-Related Accidents)
(1) Methods of investigating a product-related accident under Article 15 (2) of the Act shall be as follows:
1. On-site inspection or appraisal of facilities, products, etc. associated with the product accident;
2. Inquiring the fact or information related to the product accident.
(2) Where necessary to investigate a product-related accident, the head of a central administrative agency may require an employee of a product accident investigation center designated pursuant to Article 15 (2) of the Act to visit a certain place or facility to inspect or appraise the facilities, product manufacturing process, products or data. In such cases, he/she may request relevant persons to appear and make statements.
(3) A person who conducts an on-site inspection pursuant to paragraph (2) shall carry a Certificate of Product Accident Investigator in Form 6; and shall present it to the relevant persons. <Amended by Presidential Decree No. 24060, Aug. 22, 2012>
 Article 17 (Designation of Product Accident Investigation Centers)
(1) Requirements for designating a product accident investigation center under Article 15 (2) of the Act (hereinafter referred to as "product accident investigation center") shall be as follows:
1. It shall be a nonprofit corporation or nonprofit organization;
2. It shall be a corporation or organization recognized as a testing or inspection agency pursuant to Article 23 of the Framework Act on National Standards;
3. It shall have a product accident investigation division;
4. It shall be independent in all aspects of investigative activities, such as not receiving financial support from business owners.
(2) Where the head of a central administrative agency designates a product accident investigation center pursuant to Article 15 (2) of the Act, he/she shall issue a Certificate of Designation of Product Accident Investigation Center in Form 7. <Amended by Presidential Decree No. 24060, Aug. 22, 2012>
(3) The head of a central administrative agency may subsidize expenses incurred in investigating accidents to a product accident investigation center.
 Article 17-2 (Methods, etc. of Publishing Findings, etc. of Safety Inspections)
(1) The head of a central administrative agency may publish the following through the product safety information network under Article 16 (1) of the Act; newspapers under subparagraph 1 of Article 2 of the Act on the Promotion of Newspapers, Etc.; or broadcast media under subparagraph 1 of Article 2 of the Broadcasting Act pursuant to Article 15-2 (1) of the Act:
1. Name, model and photographs of the relevant product;
2. Trade name of the business owner of the relevant product and the name of the representative thereof;
3. Details and findings of safety inspections under Article 9 (1) of the Act or details and findings of product accident investigation under Article 15 (2) of the Act.
(2) The head of a local government or public institution who intends to publish the findings of safety inspections pursuant to Article 15-2 (2) of the Act shall pre-notify the head of the competent central administrative agency of such findings five days prior to the scheduled date of publication: Provided, That where the head of a local government or public institution deems it urgent to prevent any harm or damage to health or safety of consumers and the spread thereof, he/she may immediately publish the findings thereof after notifying the head of the competent central administrative agency.
[This Article Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015]
CHAPTER IV CREATION OF FOUNDATION FOR PRODUCT SAFETY MANAGEMENT
 Article 18 (Sharing, etc. of Product Safety Information Network)
(1) Where the head of a central administrative agency establishes a product safety information network pursuant to Article 16 (1) of the Act, he/she shall develop measures to link the product safety information network to product safety information networks of related central administrative agencies to share information referred to in the aforesaid paragraph (hereafter in this Article, referred to as "information related to product safety").
(2) The Minister of Trade, Industry and Energy may prescribe the scope of information related to product safety, the method of using such information, etc. in consultation with the heads of related central administrative agencies to share information related to product safety pursuant to Article 16 (2) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 19 (Methods, etc. of Providing Education and Training Programs on Product Safety)
The head of a central administrative agency may formulate and implement a plan which includes the following to comprehensively and systematically provide education and training programs under Article 17 (1) of the Act:
1. Basic direction setting for education and training;
2. Persons subject to education and training and methods of providing education and training programs;
3. Details of education and training;
4. Other matters necessary for education and training.
 Article 20 (Methods of Publicity on Product Safety)
Methods of publicizing necessary information to consumers under Article 17 (1) of the Act shall be as follows:
1. Using information and communication media;
2. Supporting publicity activities of consumer organizations;
3. Providing experience programs, such as field training;
4. Utilizing noncommercial public service advertisements under Article 73 (4) of the Broadcasting Act;
5. Other methods which the head of a central administrative agency deems suitable for publicizing information related to product safety to consumers.
 Article 20-2 (Contributions to Research, etc. on Product Safety)
"Corporations or organizations that conduct affairs related to product safety prescribed by Presidential Decree" in Article 18 (1) of the Act means the following corporations or organizations:
1. The Korean Product Safety Association under Article 21 (1) of the Act;
2. The Korea Institute for Advancement of Technology under Article 38 (1) of the Industrial Technology Innovation Promotion Act;
3. Other corporations or organizations deemed by the head of a central administrative agency as having expertise in conducting affairs related to product safety.
[This Article Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015]
 Article 21 (Standards for Payment, Use and Management of Contributions)
(1) Where the head of a central administrative agency contributes funds pursuant to Article 18 of the Act, he/she may contribute funds in a lump sum or installments in consideration of the progress of research and technical development concerning product safety.
(2) A person who receives contributions pursuant to paragraph (1) shall manage such contributions in a separate account, and use funds to cover the following expenses related to researches and technical development concerning product safety, as prescribed by the head of a central administrative agency:
1. Labor costs, such as internal labor costs and external labor costs, (excluding labor costs unrelated to research and development);
2. Direct costs, such as the costs of research equipment and materials, the costs of research and research allowances;
3. Indirect costs, such as costs incurred in supporting human resources, research activities and utilizing outcomes;
4. Costs of research and development entrusted.
(3) Where a person who receives contributions pursuant to paragraph (1) uses funds for other than the purposes referred to in paragraph (2) without any justifiable reason, the head of a central administrative agency may require him/her to return all or some of such contributions.
 Article 22 (Cooperation, etc. to Prevent Dangerous Product-Related Accidents)
"Market monitoring and other business matters prescribed by Presidential Decree" in Article 19 (1) of the Act means:
1. Market monitoring to collect information on the risks of products on the market and guidance on product safety management;
2. Inspecting harm or damage caused by products;
3. Safety inspection of products on the market;
4. Other matters the head of a central administrative agency deems necessary to prevent product-related accidents.
 Article 23 (Certificates of Illegal or Defective Product Investigators)
A person who investigates illegal or defective products under Article 21 (3) 3 of the Act shall carry a Certificate in Form 8; and shall present it to the relevant persons. <Amended by Presidential Decree No. 24060, Aug. 22, 2012>
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 24 (Hearings)
Where the head of a central administrative agency intends to issue an order for a recall, etc. pursuant to Article 9, he/she shall hold hearings: Provided, That the foregoing shall not apply where it is deemed essential to prevent the occurrence or spread of imminent and substantial harm or damage which a product causes or is likely to cause to the health, safety or property of consumers.
 Article 25 (Delegation of Authority)
The Minister of Trade, Industry and Energy shall delegate his/her authority to the Administrator of the Korean Agency for Technology and Standards pursuant to Article 24 of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24955, Dec. 11, 2013; Presidential Decree No. 26441, Jul. 24, 2015; Presidential Decree No. 26646, Nov. 18, 2015>
1. Compiling and managing statistics on product-related accidents, etc. under Article 8 (1) of the Act;
2. Safety inspections and accessing and retaining the details and findings thereof under Article 9 (1) and (2) of the Act;
2-2. Safety inspections and notifying the findings of safety inspections under Article 9-2 (1) and (2) of the Act;
2-3. Safety inspections and accessing and retaining the details and findings thereof under Article 9-3 (1) and (3) of the Act;
2-4. Requests to return, destruct or improve products, recall recommendations, recall orders, etc. under Article 9-3 (4) of the Act;
3. Issuing recall recommendations, etc. and publications under Article 10 (1) and (2) of the Act;
4. Issuing recall orders, etc. and publications under Article 11 (1) of the Act;
5. Taking measures to recall products and to collect expenses under Article 11 (3) of the Act;
6. Withdrawing all or some recall recommendations or recall orders under Article 12 (2) of the Act;
7. Requests for data to investigate product-related accidents under Article 15 (1) of the Act;
8. Designating a product accident investigation center under Article 15 (2) of the Act;
8-2. Publicly announcing the findings of safety inspections or investigations of product-related accidents under Article 15-2 (1) of the Act;
9. Establishing and operating the product safety information network under Article 16 (1) of the Act;
10. Education and training and publicity concerning product safety under Article 17 of the Act;
11. Contributing funds necessary for researches and technical development concerning product safety under Article 18 (1) of the Act;
12. Implementing cooperation projects to prevent product-related accidents under Article 19 (1) of the Act;
13. Imposing and collecting administrative fines under Article 27 of the Act.
 Article 25-2 Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016>
CHAPTER VI PENALTY PROVISIONS
 Article 26 (Criteria for Imposing Administrative Fines)
(1) Criteria for imposing administrative fines under Article 27 of the Act shall be as specified in attached Table.
(2) The head of a central administrative agency may increase or decrease the amount of an administrative fine by up to half the amount of the administrative fine referred to in attached Table in consideration of the severity, frequency, motives, consequences of the violation: Provided, That the increased shall not exceed the upper limit of the amount of the administrative fine referred to in Article 27 of the Act.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2011.
Article 2 (Review of Regulation)
The head of a central administrative agency shall review whether the deadline for notification of whether to accept a recommendation under Article 6 (2) and the deadline for submitting a product recall plan under Article 14 (2) are appropriate by February 5, 2016; and shall take measures, such as disuse, alleviation and improvement.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 24060, Aug. 22, 2012>
This Decree shall enter into force on August 24, 2012.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 24955, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2014.
Article 2 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.
ADDENDA <Presidential Decree No. 26441, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Article 2 (Applicability, etc. to Business Owner’s Duty to File Reports)
(1) The amended provisions of Article 14-2 shall begin to apply from the first accident which occurs after this Decree enters into force.
(2) The number of accidents under the amended provision of Article 14-2 (3) 1 shall be calculated beginning with the first accident which occurs after this Decree enters into force.
Article 3 (Transitional Measures concerning Scope of Significant Defects)
Where a product defect referred to in the former provision of subparagraph 2 of Article 10 occurs before this Decree enters into force, notwithstanding the amended provisions of subparagraph 2 of Article 10, the former provisions thereof shall apply thereto.
Article 4 (Transitional Measures concerning Administrative Fines)
(1) Where criteria for imposing administrative fines apply to offenses committed before this Decree enters into force, notwithstanding the amended provisions of attached Table, the former provisions thereof shall apply thereto.
(2) No administrative fine imposed for an offense committed before this Decree enters into force shall be included in the number of offenses a business owner commits under the amended provisions of attached Table.
ADDENDA <Presidential Decree No. 26646, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2015.
Article 2 (Applicability to Safety Inspections on Imported Products)
The amended provisions of Articles 5-3 and 5-4 shall begin to apply from the first product for which a business owner has completed an import declaration pursuant to Article 241 (1) of the Customs Act after this Decree enters into force.
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. 27806, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28316, Sep. 19, 2017>
This Decree shall enter into force on September 22, 2017.