CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure the safety of elevators and protect the lives, bodies and property of users, etc. of elevators by prescribing matters related to the manufacture, import and installation of elevators, matters concerning the safety certification and safety management of elevators, and other relevant matters.
The terms used in this Act shall be defined as follows:
| 1. | The term "elevator" means any equipment attached to a building or other fixed structure and used for carrying persons or freight onto platforms along certain conveying paths (excluding equipment prescribed by Presidential Decree, such as mechanical parking equipment under the Parking Lot Act), which is prescribed by Presidential Decree; |
| 2. | The term "elevator part" means any product, component or accessory that constitutes an elevator; |
| 3. | The term "manufacture" means any act of producing, assembling or processing elevators or elevator parts for purpose of selling, leasing or installing them; |
| 4. | The term "installation" means the act of installing an elevator (including the replacement of an elevator within the scope prescribed by Ordinance of the Ministry of the Interior and Safety) in a building or a fixed structure in accordance with technical drawings and manuals, including design drawings of an elevator; |
| 5. | The term "maintenance" means the following safety management activities performed to ensure that each elevator which has undergone an installation inspection pursuant to Article 28 (1) maintains the functions and safety required by design: |
| (b) | Repair of elevators or elevator parts; |
| (c) | Replacement of elevator parts; |
| (d) | Other safety management activities deemed necessary to maintain the functions and safety of elevators and publicly notified by the Minister of the Interior and Safety; |
| 6. | The term "elevator business operator" means any of the following persons: |
| (a) | A person registered to engage in the manufacturing business or import business of elevators or elevator parts under the former part of Article 6 (1); |
| (b) | A person registered to engage in the elevator maintenance business under the former part of Article 39 (1); |
| 7. | The term "managing body" means any of the following persons: |
| (a) | The owner of an elevator; |
| (b) | A person designated by other statutes as an elevator manager; |
| (c) | A person who has been granted the responsibility and authority to manage an elevator in a safe manner by virtue of a contract concluded with a person falling under item (a) or (b). |
| Article 3 (Responsibility of State, etc.) |
| (1) | The State shall formulate and execute comprehensive policies for the safety of elevators. |
| (2) | Each local government shall formulate and execute policies for the safety of elevators within its jurisdictional area to meet local conditions. |
| Article 4 (Duties of Elevator Business Operators, etc.) |
| (1) | When an elevator business operator manufactures, imports, installs or maintains any elevator or elevator part, he/she shall strive to prevent any damage that may occur to elevator users, etc. by complying with this Act and standard, etc. prescribed by this Act. |
| (2) | Each managing body shall manage elevators in a safe manner as prescribed by this Act to continuously maintain their functions and safety. |
| Article 5 (Relationship to Other Statutes) |
| (1) | Except as otherwise provided in other statutes, matters concerning safety of elevators shall be governed by this Act. |
| (2) | The enactment or amendment of any other statutes concerning safety of elevators shall conform to the purpose of this Act. |
CHAPTER II MANUFACTURING BUSINESS OR IMPORT BUSINESS OF ELEVATORS, ETC.
| Article 6 (Registration of Manufacturing Business or Import Business of Elevators, etc.) |
| (1) | A person who intends to engage in the manufacturing business or import business of elevators (hereinafter referred to as "manufacturing business or import business") shall file a registration with the competent 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”), as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply to any modification of the matters prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | A person who intends to file a registration pursuant to the former part of paragraph (1) shall fulfill the requirements for capital (for an individual, referring to the estimated value of his/her assets), technical personnel and facilities prescribed by Presidential Decree. |
| (3) | The registration of modification under the later part of paragraph (1) shall be filed within 30 days from the date any registered matter is modified. |
| (4) | Where a person who has registered to engage in manufacturing business or import business under the former part of paragraph (1) (hereinafter referred to as "manufacturer or importer") discontinues or suspends his/her business or resumes his/her suspended business, he/she shall report thereon to the competent Mayor/Do Governor within 30 days therefrom. |
| Article 7 (Grounds for Disqualification for Registration of Manufacturing Business or Import Business) |
None of the following persons shall be eligible for the registration of manufacturing business or import business:
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person in whose case two years have not passed from the date on which his/her imprisonment with labor or a heavier punishment declared by a court for violating this Act was completely executed (including cases in which the execution of the punishment is deemed complete) or exempted; |
| 4. | A person who is under suspension of the execution of his/her punishment declared by a court for violating this Act; |
| 5. | A person in whose case two years have not passed since his/her registration was revoked under Article 9 (1) (excluding cases where the registration was revoked for reason set forth in subparagraph 1 or 2 of this Article); |
| 6. | A corporation whose representative falls under any of subparagraphs 1 through 5. |
| Article 8 (Post-Management to Be Conducted by Manufacturers or Importers) |
| (1) | When a manufacturer or importer sells or transfers any elevator or elevator parts, he/she shall take the following measures (in cases falling under subparagraph 3, limited to cases where a person who has registered to engage in the elevator maintenance business under the former part of Article 39 (1)) as prescribed by Presidential Decree: |
| 1. | Provision of elevator maintenance parts prescribed by Ordinance of the Ministry of the Interior and Safety with or without compensation; |
| 2. | Provision of equipment or software, with or without compensation, which are necessary for inspection, maintenance, and examination on any defects in elevators, defective parts, details of defects, etc. (including the authority to access a password and other relevant information); |
| 3. | The following measures on persons who have registered to engage in the elevator maintenance business under the former part of Article 39 (1): |
| (a) | Provision of technical guidance and education with or without compensation; |
| (b) | Provision of data prescribed by Ordinance of the Ministry of the Interior and Safety relating to maintenance, such as a maintenance manual; |
| 4. | Disclosure of the recommended replacement period and price of elevator parts. |
| (2) | Where a manufacturer or importer receives a request to supply parts, etc. that fall under paragraph (1) 1 or 2 from any of the following persons, he/she shall comply therewith within two days, except in extenuating circumstances: |
| 1. | A managing body of an elevator; |
| 2. | A person who has registered to engage in the elevator maintenance business under the former part of Article 39 (1); |
| (3) | A Mayor/Do Governor may order a manufacturer or importer who has failed to perform his/her duties prescribed in paragraphs (1) and (2) to perform such duties. |
| Article 9 (Revocation, etc. of Registration of Manufacturing Business or Import Business) |
| (1) | Where a manufacturer or importer falls under any of the following cases, the competent Mayor/Do Governor may revoke his/her registration for manufacturing business or import business or order him/her to fully or partially suspend his/her business, fixing a period not exceeding six months: Provided, That in cases falling under subparagraph 1, 2, or 4, his/her registration shall be revoked: |
| 1. | Where his/her manufacturing business or import business has been registered by fraud or other improper means; |
| 2. | Where he/she operates manufacturing business or import business during the period of business suspension, after receiving an order to suspend the business; |
| 3. | Where he/she ceases to fulfill the standard for registration prescribed in Article 6 (2); |
| 4. | Where he/she falls under any subparagraph of Article 7; |
| 5. | Where he/she violates an order of performance issued under Article 8 (3); |
| 6. | Where any serious accident or serious trouble in Article 48 (1) occurs by falling under any of the following cases: |
| (a) | Where any elevator or elevator part has been wrongly manufactured; |
| (b) | Where any wrongly manufactured elevator or elevator part has been imported. |
| (2) | Notwithstanding paragraph (1) 3, where the substandard level for registration under Article 6 (2) is deemed trivial, the competent Mayor/Do Governor shall order, fixing a period, to take a supplementary measure meeting the standard for registration, and may exempt him/her from suspension of all or part of his/her business if he/she complies with such order. |
| (3) | Detailed standard for administrative dispositions to be taken pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 10 (Penalty Surcharges to Be Imposed in Lieu of Dispositions to Suspend Manufacturing Business or Import Business) |
| (1) | Where a Mayor/Do Governor has to order the suspension of business due to a reason falling under Article 9 (1) 3, 5 or 6, he/she may impose a penalty surcharge not exceeding 100 million won in lieu of a disposition of the suspension of business if the suspension of business is likely to cause serious inconveniences to users, etc. or to undermine the public interest. |
| (2) | Where a manufacturer or importer liable to pay a penalty surcharge imposed pursuant to paragraph (1) fails to pay it by the deadline for payment, the Mayor/Do Governor shall collect such penalty surcharge pursuant to the Act on the Collection of Local Non-Tax Revenue. |
| (3) | The types of violations subject to the imposition of penalty surcharges under paragraph (1), the amount of a penalty surcharge to be imposed based on the type, extent, etc. of violation, and matters necessary for the methods, etc. of collecting them shall be prescribed by Presidential Decree. |
CHAPTER III SAFETY CERTIFICATION OF ELEVATOR PARTS, ETC.
SECTION 1 Safety Certificate of Elevator Parts
| Article 11 (Safety Certification of Elevator Parts) |
| (1) | A manufacturer and importer of elevator parts shall undergo safety certification (hereinafter referred to as "safety certification of a part") of each elevator part prescribed by Presidential Decree among the elevator parts related to the safety of elevators (hereinafter referred to as "elevator safety part"), conducted by the Minister of the Interior and Safety by model (referring to the model of a product, which has its own name prescribed by Ordinance of the Ministry of the Interior and Safety); hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | A manufacturer or importer of an elevator safety part who intends to alter any matter which has obtained safety certification of a part, shall obtain safety certification of a part in regard to the altered matter from the Minister of the Interior and Safety as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That the same shall not apply to the alteration of any insignificant matters prescribed by Ordinance of the Ministry of the Interior and Safety as those unrelated to the safety of the elevator safety part. |
| (3) | The Minister of the Interior and Safety shall grant safety certification of a part where an elevator safety part fulfills all of the following standard determined and publicly notified by the Minister of the Interior and Safety: Provided, That an elevator safety part for which no public notice of standard referred to in subparagraph 1 is made or to which the publicly notified standard cannot be applied, he/she may grant safety certification of a part as prescribed by Ordinance of the Ministry of Interior and Safety: |
| 1. | Criteria for the safety of the elevator safety part itself (hereinafter referred to as "safety standard for elevator safety parts"); |
| 2. | Criteria for the facilities, technical ability, etc. required for manufacturing the elevator safety part. |
| (4) | When granting safety certification of a part pursuant to paragraph (3), the Minister of the Interior and Safety may attach conditions as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, such conditions shall not impose an unreasonable obligation on the manufacturer or importer of the elevator safety part. |
| Article 12 (Exemption from Safety Certification of Parts) |
Where any elevator safety part falls under any of the following cases, the Minister of the Interior and Safety may fully or partially exempt safety certification of a part as prescribed by Presidential Decree, notwithstanding Article 11 (1): | 1. | Where an elevator safety part is manufactured or imported for purpose of research and development, display, or safety certification test of a part, and the elevator safety part prescribed by Presidential Decree is verified as such by the Minister of the Interior and Safety as prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 2. | Where an elevator safety part is imported for purpose of export and the elevator safety part prescribed by Presidential Decree is verified as such by the competent Mayor/Do Governor as prescribed by ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do"); |
| 3. | Where the elevator safety part is manufactured for purpose of export; |
| 4. | Where it has obtained safety certification equivalent to the safety certification of a part from a foreign institution designated and publicly notified by the Minister of the Interior and Safety in accordance with a mutual recognition arrangement between states; |
| 5. | Where a manufacturer or importer of the elevator safety part who has the capability for test at a certain or higher level prescribed by Ordinance of the Ministry of the Interior and Safety has conducted a safety test of the elevator safety part itself as prescribed by Ordinance of the Ministry of the Interior and Safety, and the Minister of the Interior and Safety has verified its suitability; |
| 6. | Where the elevator safety part is imported or manufactured as an one-off item as prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 7. | Other cases prescribed by Ordinance of the Ministry of the Interior and Safety, such as the safety of the elevator safety part is recognized under other statutes. |
| Article 13 (Regular Evaluation and Self-Evaluation of Elevator Safety Parts) |
| (1) | To check whether any elevator safety part which has obtained safety certification of a part meets the standard referred to in Article 11 (3), a manufacturer or importer of the elevator safety part shall undergo a regular evaluation of the elevator safety part conducted by the Minister of the Interior and Safety as prescribed by Presidential Decree. |
| (2) | A manufacturer or importer of an elevator safety part which has obtained safety certification of a part shall conduct self-evaluation of the safety of elevator safety parts of the same model manufactured or imported after obtaining the safety certification of a part as prescribed by Ordinance of the Ministry of the Interior and Safety, and shall prepare and keep the record thereof. |
| Article 14 (Safety Certification Marks, etc. of Parts) |
| (1) | A manufacturer or importer of an elevator safety part shall place a mark classified as follows (hereinafter referred to as "safety certification mark, etc. of a part") on each elevator safety part or the package thereof as prescribed by Ordinance of the Ministry of the Interior and Safety: |
| 1. | An elevator safety part which has obtained safety certification of a part and the package thereof: A safety certification mark of a part; |
| 2. | An elevator safety part exempted from safety certification of a part under Article 12 and the package thereof: A mark indicating the exemption from safety certification of a part. |
| (2) | No person who has failed to obtain safety certification of a part or is not granted an exemption from safety certification of a part under Article 12 shall place a safety certification mark, etc. of a part or any similar mark on the elevator safety part or the package thereof. |
| (3) | None of the following persons shall alter or remove a safety certification mark, etc. of a part at his/her own discretion: |
| 1. | A manufacturer, importer, or import agent of the elevator safety part; |
| 2. | A seller, sales broker, or purchasing agent of the elevator safety part; |
| 3. | A rental business operator of the elevator safety part; |
| 4. | A person who manufactures the elevator part using the elevator safety pars as its component or accessory; |
| 5. | Any of the following persons using the elevator safety part: |
| (a) | A manufacturer or importer of elevators; |
| (b) | A person registered to engage in the elevator maintenance business under the former part of Article 39 (1); |
| (c) | An installation business operator; |
| 6. | A person who uses elevator safety parts for his/her business. |
| (4) | Where a person who falls under any subparagraph of paragraph (3) sells, leases, mediates sales (excluding cases where a mail order broker under the Act on the Consumer Protection in Electronic Commerce immediately deletes any elevator safety part having no safety certification mark, etc. of a part discovered at a cybermall operated by him/her, makes the requester of mail order brokerage to input information on the safety certification mark, etc. of a part when he/she registers the relevant goods, and takes technical measures to allow consumers to check such information), vicariously purchases or imports elevator safety parts through the Internet, he/she shall post information about the safety certification of a part on the relevant website as prescribed by Ordinance of the Ministry of the Interior and Safety so that the consumer can acquire knowledge about such information. |
| Article 15 (Prohibition of Sale and Use of Elevator Safety Parts having No Safety Certification Mark, etc. of Parts) |
| (1) | A manufacturer or importer, seller or rental business operator of an elevator safety part shall neither sell or lease any elevator safety part having no safety certification mark, etc. of a part nor import, display, or keep it for purpose of sale or display. |
| (2) | A sales broker, purchasing agent, or import agent of an elevator safety part shall neither mediate the sale of any elevator safety part having no safety certification mark, etc. of a part nor vicariously purchase or import it. |
| (3) | No person who falls under any subparagraph of Article 14 (3) 4 through 6 shall use any elevator safety part having no safety certification mark, etc. of a part. |
| Article 16 (Revocation of Safety Certification of Parts) |
| (1) | Where a manufacturer or importer of an elevator safety part falls under any of the following cases, the Minister of the Interior and Safety may revoke the safety certification of a part as prescribed by Ordinance of the Ministry of the Interior and Safety, order to prohibit the use of the safety certification mark, etc. of a part, or order to improve, fixing a period not exceeding six months: Provided, That in cases falling under subparagraph 1, he/she shall revoke the safety certification of a part; and in cases falling under subparagraph 10, he/she shall either revoke the safety certification of a part or order to prohibit the use of the safety certification mark, etc. of a part: |
| 1. | Where the safety certification of a part is obtained by fraud or other improper means; |
| 2. | Where the elevator safety part manufactured or imported after obtaining safety certification of a part fails to meets the safety standards for elevator safety parts; |
| 3. | Where the safety certification mark, etc. of a part is not placed or falsely placed; |
| 4. | Where the conditions attached pursuant to Article 11 (4) are not fulfilled; |
| 5. | Where no regular evaluation of the elevator safety part is received as prescribed in Article 13 (1); |
| 6. | Where the elevator safety part fails to meet the standard referred to in Article 11 (3) 2, as a result of a regular evaluation of the elevator safety part conducted pursuant to Article 13 (1); |
| 7. | Where no self-evaluation of the elevator safety part has been conducted as prescribed in Article 13 (2); |
| 8. | Where the record of self-evaluation of the elevator safety part conducted pursuant to Article 13 (2) is not prepared or kept, or falsely prepared or kept; |
| 9. | Where an order issued under Article 25 (1) or 26 is violated; |
| 10. | Where, in cases falling under any of subparagraphs 2 through 9, an order to prohibit the use of the safety certification mark, etc. of a part or to improve is not fulfilled after receiving such order. |
| (2) | Where the Minister of the Interior and Safety revokes safety certification of a part or orders to prohibit the use of the safety certification mark, etc. of a part or to improve pursuant to paragraph (1), he/she shall publicly announce such fact as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | A manufacturer or importer of an elevator safety part, the safety certification of which is revoked pursuant to paragraph (1), shall not be eligible to apply for the safety certification of an elevator safety part of the same model within one year from the date of such revocation. |
SECTION 2 Safety Certification of Elevators
| Article 17 (Safety Certification of Elevators) |
| (1) | A manufacturer and importer of elevators shall undergo safety certification of each elevator model conducted by the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That in cases of an elevator, the model of which is not determined, he/she shall undergo separate safety certification of an elevator in accordance with the standard and procedures prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | A manufacturer or importer of an elevator who intends to alter any matter which has obtained safety certification (hereinafter referred to as "safety certification of an elevator"), shall obtain safety certification of an elevator in regard to the altered matter from the Minister of the Interior and Safety as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That the same shall not apply to the alteration of any insignificant matters unrelated to the safety of the elevator safety part, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | The Minister of the Interior and Safety shall grant safety certification of an elevator where the elevator (excluding any elevator subject to safety certification pursuant to the proviso of paragraph (1); hereafter the same shall apply in this paragraph) fulfills all of the following standards determined and publicly notified by the Minister of the Interior and Safety: Provided, That an elevator for which no public notice of standard referred to in subparagraph 1 is made or to which the publicly notified standard cannot be applied, he/she may grant safety certification of an elevator as prescribed by Ordinance of the Ministry of Interior and Safety: |
| 1. | Standards for safety of an elevator itself (hereinafter referred to as "elevator safety standard"); |
| 2. | Standards for facilities, technical ability, etc. required for manufacturing elevators. |
| (4) | When granting safety certification of an elevator pursuant to paragraph (3), the Minister of the Interior and Safety may attach conditions as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, such conditions shall not impose an unreasonable obligation on the manufacturer or importer of the elevator. |
| Article 18 (Exemption from Safety Certification of Elevators) |
Where any elevator falls under any of the following cases, the Minister of the Interior and Safety may fully or partially exempt safety certification of an elevator as prescribed by Presidential Decree, notwithstanding Article 17 (1): | 1. | Where it is an elevator manufactured or imported for purpose of research and development, display, or test for safety certification of an elevator, and the elevator prescribed by Presidential Decree is verified as such by the Minister of the Interior and Safety as prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 2. | Where it is an elevator imported for purpose of export and the elevator prescribed by Presidential Decree is verified as such by the competent Mayor/Do Governor as prescribed by ordinance of the relevant City/Do; |
| 3. | Where the elevator is manufactured for purpose of export; |
| 4. | Where it has obtained safety certification equivalent to the safety certification of an elevator from a foreign institution designated and publicly notified by the Minister of the Interior and Safety in accordance with a mutual recognition arrangement between states; |
| 5. | Where the manufacturer or importer of the elevator having at least the specific level of test capability prescribed by Ordinance of the Ministry of the Interior and Safety has conducted a safety test of the elevator itself as prescribed by Ordinance of the Ministry of the Interior and Safety, and the Minister of the Interior and Safety has verified its suitability; |
| 6. | Where the elevator is imported or manufactured as an one-off item as prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 7. | Other cases prescribed by Ordinance of the Ministry of the Interior and Safety, such as the cases where the safety of the elevator is recognized under other statutes. |
| Article 19 (Regular Evaluation and Self-Evaluation of Elevators) |
| (1) | To check whether any elevator which has obtained safety certification meets the standards referred to in Article 17 (3) (excluding any elevator which has obtained safety certification pursuant to the proviso of Article 17 (1); hereafter the same shall apply in this Article), the manufacturer or importer of the elevator shall undergo an evaluation of the elevator on a regular basis conducted by the Minister of the Interior and Safety as prescribed by Presidential Decree. |
| (2) | The manufacturer or importer of an elevator which has obtained safety certification of an elevator shall conduct self-evaluation of the safety of the elevators of the same model manufactured or imported after obtaining the safety certification of an elevator as prescribed by Ordinance of the Ministry of the Interior and Safety, and shall prepare and keep the record thereof. |
| Article 20 (Safety Certification Marks, etc. of Elevators) |
| (1) | The manufacturer of importer of an elevator shall place a mark classified as follows (hereinafter referred to as "safety certification mark, etc. of an elevator") on each elevator or the package thereof as prescribed by Ordinance of the Ministry of the Interior and Safety: |
| 1. | An elevator which has obtained safety certification: A mark indicating safety certification of an elevator; |
| 2. | An elevator exempted from safety certification of an elevator under Article 18: A mark indicating the exemption from safety certification of an elevator. |
| (2) | No person who has failed to obtain safety certification of an elevator or is not granted an exemption from safety certification of an elevator under Article 12 shall place a safety certification mark, etc. of an elevator or any similar mark on an elevator. |
| (3) | None of the following persons shall alter or remove a safety certification mark, etc. of an elevator at his/her own discretion: |
| 1. | A manufacturer, importer, or import agent of the elevator; |
| 2. | A seller, sales broker, or purchasing agent of the elevator; |
| 3. | A rental business operator of the elevator; |
| 4. | A person registered to engage in the elevator maintenance business or an installation business operator pursuant to the former part of Article 39 (1); |
| 5. | A person who uses the elevator for his/her business. |
| (4) | Where a person who falls under any subparagraph of paragraph (3) sells, leases, mediates sales (excluding cases where a mail order broker under the Act on the Consumer Protection in Electronic Commerce immediately deletes an elevator having no safety certification mark, etc. of an elevator discovered at a cybermall operated by him/her, makes the requester of mail order brokerage input information on the safety certification mark, etc. of an elevator when he/she registers the relevant goods, and takes technical measures for consumers to be able to check such information), vicariously purchases or imports the elevator through the Internet, he/she shall post information about the safety certification of an elevator on the relevant website as prescribed by Ordinance of the Ministry of the Interior and Safety so that the consumer can acquire the knowledge about such information. |
| Article 21 (Revocation, etc. of Safety Certification of Elevators) |
| (1) | Where the manufacturer or importer of an elevator falls under any of the following cases, the Minister of the Interior and Safety may revoke the safety certification of an elevator as prescribed by Ordinance of the Ministry of the Interior and Safety, order to prohibit the use of the safety certification mark, etc. of an elevator or order to improve, fixing a period not exceeding six months: Provided, That in cases falling under subparagraph 1, he/she shall revoke the safety certification of an elevator; and in cases falling under subparagraph 10, he/she shall either revoke the safety certification of an elevator or order to prohibit the use of the safety certification mark, etc. of an elevator: |
| 1. | Where the safety certification of an elevator is obtained by fraud or other improper means; |
| 2. | Where the elevator manufactured or imported after obtaining safety certification of an elevator fails to meet the elevator safety standards; |
| 3. | Where the safety certification mark, etc. of an elevator is not placed or falsely placed; |
| 4. | Where the conditions attached pursuant to Article 17 (4) are not fulfilled; |
| 5. | Where no regular evaluation of the elevator is received as prescribed in Article 19 (1); |
| 6. | Where the elevator fails to meet the standards referred to in Article 17 (3) 2, as a result of a regular evaluation of the elevator conducted pursuant to Article 19 (1); |
| 7. | Where no self-evaluation of the elevator has been conducted as prescribed in Article 19 (2); |
| 8. | Where the record of self-evaluation of the elevator conducted pursuant to Article 19 (2) is not prepared or kept, or falsely prepared or kept; |
| 9. | Where an order issued under Article 25 (2) or 26 is violated; |
| 10. | Where, in cases falling under any of subparagraphs 2 through 9, an order to prohibit the use of the safety certification mark, etc. of an elevator or to improve is not fulfilled, upon receipt of such order. |
| (2) | Where the Minister of the Interior and Safety revokes the safety certification of an elevator or orders to prohibit the use of the safety certification mark, etc. of an elevator or to improve pursuant to paragraph (1), he/she shall publicly announce such fact as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | The manufacturer or importer of an elevator, safety certification of which is revoked pursuant to paragraph (1), shall not be eligible to apply for the safety certification of an elevator of the same model within one year from the date of such revocation. |
SECTION 3 Safety Certification by Proxy
| Article 22 (Safety Certification by Proxy) |
| (1) | The Minister of the Interior and Safety may have any of the following institutions vicariously conduct the safety certification of parts or elevators: Provided, That he/she may have the corporations, organizations, or institutions referred to in subparagraph 2 vicariously conduct part of safety certification of parts: |
| 1. | The Korea Elevator Safety Agency under Article 55; |
| 2. | Corporations, organizations, or institutions designated as agencies for safety certification of parts under Article 23 (1). |
| (2) | A person who vicariously conducts safety certification of parts or elevators pursuant to paragraph (1) may have a domestic or foreign testing institute conduct a test, as prescribed by Ordinance of the Ministry of the Interior and Safety, to check whether an elevator safety part or elevator meets the standards classified as follows and utilize the result thereof for safety certification of the part or elevator: |
| 1. | Elevator safety part: The standard referred to in subparagraphs of Article 11 (3); |
| 2. | Elevator: The standard referred to in subparagraphs of Article 17 (3). |
| (3) | Pursuant to paragraph (1), the Minister of the Interior and Safety may provide guidance, supervision and support to a person who vicariously conducts safety certification of parts or elevators, to the extent necessary to ensure the safety of elevator safety parts and elevators. |
| Article 23 (Designation and Revocation, etc. of Designation of Designated Certification Agencies) |
| (1) | The Minister of the Interior and Safety may designate a corporation, organization, or institution that meets the standard for designation prescribed by Presidential Decree, from among corporations, organizations, or institutions operating business related to the safety management of elevators, as an agency for safety certification of parts (hereinafter referred to as "designated certification agency"), as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | Where a designated certification agency falls under any of the following cases, the Minister of the Interior and Safety may either revoke the designation or issue an order to suspend its business, fixing a period not exceeding one year: Provided, That in cases falling under subparagraph 1 or 2, such designation shall be revoked: |
| 1. | Where it is designed as a certification agency by fraud or other improper means; |
| 2. | Where it conducts the safety certification of parts during the period of business suspension after receiving an order to suspend its business; |
| 3. | Where it refuses or fails to conduct the safety certification of part without justifiable ground; |
| 4. | Where it allows a person disqualified for conducting safety certification of parts to conduct the safety certification of parts; |
| 5. | Where it ceases to meet the standard for designation referred to in paragraph (1); |
| 6. | Where its employee in charge of safety certification of parts conducts the safety certification of parts, in violation of Article 72 (1) 1, intentionally or by gross negligence; |
| 7. | Where it fails to enter or falsely enters the results of safety certification of parts into the comprehensive elevator safety information network in Article 73, in violation of Article 72 (2); |
| 8. | Where it receives a fee referred to in Article 76 more or less than the fixed amount. |
| (3) | Notwithstanding paragraph (2) 5, where the substandard level for designation under paragraph (1) is deemed trivial, the Minister of the Interior and Safety shall order, fixing a period, to take a supplementary measure meeting the standard for designation, and may exempt it from the suspension of business if such order is fulfilled. |
| (4) | A corporation, organization, or institution, the designation of which is revoked pursuant to paragraph (2), shall not be eligible to apply for the designation of a designated certification agency within one year from the date of such revocation. |
| (5) | The detailed standards for administrative dispositions under paragraph (2) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 24 (Penalty Surcharges to Be Imposed on Designated Certification Agencies in Lieu of Disposition to Suspend Business) |
| (1) | Where the Minister of the Interior and Safety has to order the suspension of business due to a reason falling under any subparagraph of Article 23 (2) 3 through 8, he/she may impose a penalty surcharge not exceeding 300 million won in lieu of a disposition of suspension of business if the suspension of business is likely to cause serious inconveniences to users, etc. or to undermine the public interest. |
| (2) | Where a person liable to pay a penalty surcharge imposed pursuant to paragraph (1) fails to pay it by the deadline for payment, the Minister of the Interior and Safety shall collect such penalty surcharge by referring to the practices of dispositions on default of national taxes. |
| (3) | The types of violations subject to the imposition of penalty surcharges under paragraph (1), the amount of a penalty surcharge to be imposed based on the type, extent, etc. of a violation, and matters necessary for the methods, etc. of the collection thereof shall be prescribed by Presidential Decree. |
SECTION 4 Improvement Orders for Manufacturers or Importers, Etc.
| Article 25 (Order, etc. for Improvement, Destruction, Collection or Suspension of Sales) |
| (1) | Where an elevator safety part falls under any of the following cases, the Minister of the Interior and Safety may order the manufacturer or importer, seller, rental business operator, business operator (referring to a person who falls under Article 14 (3) 6), sales broker, purchasing agent, or import agent of an elevator safety part to improve, destroy, or collect the relevant elevator safety part or to suspend the sale thereof (hereinafter such act shall be referred to as "suspension of sale, etc.") fixing a period as prescribed by Presidential Decree: |
| 1. | Where no safety certification of a part is obtained; |
| 2. | Where no safety certification of a part is obtained in regard to the altered matter pursuant to the main sentence of Article 11 (2); |
| 3. | Where the standard under Article 11 (3) are not met; |
| 4. | Where no safety certification mark of a part is placed on an elevator safety part which has obtained the safety certification of a part, in violation of Article 14 (1) 1; |
| 5. | Where the safety certification mark, etc. of a part or any similar mark is placed, in violation of Article 14 (2); |
| 6. | Where the safety certification mark, etc. of a part is altered or removed discretionally, in violation of Article 14 (3); |
| 7. | Where an elevator safety part having no safety certification mark, etc. of a part is sold or leased; or imported, displayed or kept for purpose of sale or lease, in violation of Article 15 (1); |
| 8. | Where the sale of an elevator safety part having no safety certification mark, etc. of a part is mediated or the purchase or import thereof is vicariously conducted, in violation of Article 15 (2); |
| 9. | Where an elevator safety part having no safety certification mark, etc. of a part is used, in violation of Article 15 (3). |
| (2) | Where an elevator falls under any of the following cases, the Minister of the Interior and Safety may order the manufacturer, importer, seller, rental business operator, business operator (referring to a person who falls under Article 20 (3) 5), sales broker, purchasing agent, or import agent of an elevator to suspend the sales, etc. of the relevant elevator fixing a period as prescribed by Presidential Decree: |
| 1. | Where no safety certification of an elevator is obtained; |
| 2. | Where no safety certification of an elevator is obtained in regard to an altered matter pursuant to the main sentence of Article 17 (2); |
| 3. | Where the standard under Article 17 (3) are not met; |
| 4. | Where no safety certification mark of an elevator is placed on an elevator which has obtained the safety certification of an elevator, in violation of Article 20 (1) 1; |
| 5. | Where a safety certification mark, etc. of an elevator or any similar mark is placed, in violation of Article 20 (2); |
| 6. | Where a safety certification mark, etc. of an elevator is altered or removed discretionally, in violation of Article 20 (3). |
| (3) | Where the manufacturer or importer, seller, rental business operator, business operator (referring to a person who falls under Article 14 (3) 6 or 20 (3) 5), sales broker, purchasing agent, or import agent of an elevator safety part or elevator fails to comply with an order to suspend the sale, etc. issued under paragraph (1) or (2), the Minister of the Interior and Safety may have a public official under his/her control directly destroy or collect the relevant elevator safety part or elevator as prescribed by Presidential Decree. In such cases, the cost shall be borne by the manufacturer or importer, seller, rental business operator, business operator, sales broker, purchasing agent, or import agent of the relevant elevator safety part or elevator. |
| (4) | A public official who performs the duties of destroying or collecting an elevator safety part or elevator pursuant to paragraph (3) shall carry a document indicating his/her authority and show it to related persons. |
| Article 26 (Issuance of Order of Performance to Manufacturer or Importer) |
Where it is deemed difficult to prevent harm only by suspending sales, etc., the Minister of the Interior and Safety may order, as prescribed by Presidential Decree, the relevant manufacturer or importer, seller, rental business operator, business operator, sales broker, purchasing agent, or import agent to perform the following:
| 1. | Declaration of the fact of receiving an order to suspend sale, etc.; |
| 2. | Exchange of, repayment for, or repair of the relevant elevator safety part; |
| 3. | Other matters that the Minister of the Interior and Safety deems necessary to prevent the harm to be caused by the relevant elevator safety part or elevator. |
CHAPTER IV INSTALLATION AND SAFETY MANAGEMENT OF ELEVATORS
SECTION 1 Installation of Elevators
| Article 27 (Report on Installation of Elevators) |
Where an installation business operator completes the installation of an elevator, he/she shall report such fact to the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of the Interior and Safety.
| Article 28 (Inspection of Installation of Elevators) |
| (1) | Upon completion of installation of an elevator, the manufacturer or importer thereof shall undergo an inspection of the installation conducted by the Minister of Public Administration and Security (hereinafter referred to as "installation inspection"), as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | No manufacturer, importer or managing body of an elevator shall have an elevator, which has not received or has failed to pass an installation inspection, operated or operate such elevator. |
| (3) | Except as otherwise provided in paragraphs (1) and (2), matters necessary for the standard for and items, methods, etc. of an installation inspection shall be determined and publicly notified by the Minister of the Interior and Safety. |
| Article 29 (Elevator Safety Managers) |
| (1) | A managing body shall appoint a person with abundant knowledge in the operation of elevators as elevator safety manager, and have him/her manage the relevant elevator: Provided, That the same shall not apply where the managing body directly manages the elevator. |
| (2) | Each elevator safety manager under the main sentence of paragraph (1) shall fulfill certain qualifications prescribed by Ordinance of the Ministry of the Interior and Safety, taking the following into consideration: |
| 3. | Other matters that the Minister of the Interior and Safety deems necessary to manage the elevator. |
| (3) | Where a managing body appoints an elevator safety manager pursuant to paragraph (1) (where a managing body directly manages an elevator, referring to the managing body), he/she shall notify the Minister of the Interior and Safety of such fact within three months, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply where the elevator safety manager or the managing body of an elevator is replaced. |
| (4) | Each managing body shall guide and supervise an elevator safety manager so as to have him/her manage an elevator in a safe manner (limited to cases where a managing body appoints an elevator safety manager pursuant to the main sentence of paragraph (1)). |
| (5) | Each managing body shall have an elevator safety manager receive education on the management of elevators conducted by an institution prescribed by Ordinance of the Ministry of the Interior and Safety (hereinafter referred to as "elevator management education"), within three months of his/her appointment: Provided, That where the managing body of an elevator directly manages elevators, the managing body (where the managing body is a corporation, referring to its representative) shall receive the elevator management education. |
| (6) | Except as otherwise provided in paragraphs (1) through (5), matters necessary for the scope of duties of elevator safety managers, and the details, period, cycle, etc. of elevator management education shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 30 (Subscription to Insurance) |
| (1) | Each managing body shall be insured (hereinafter referred to as “liability insurance”) to guarantee the compensation for damage that he/she could inflict on the lives, bodies or property of others due to an elevator accident. |
| (2) | Types of liability insurances, timing for subscription, limit of liability, subscription procedures, and other necessary matters shall be prescribed by Presidential Decree. |
SECTION 2 Self-Examination and Safety Inspection of Elevators
| Article 31 (Self-Examination of Elevators) |
| (1) | Each managing body shall conduct a self-examination of the safety of elevators (hereinafter referred to as "self-examination") at least once a month, and enter the results thereof into the comprehensive elevator safety information network in Article 73. |
| (2) | Where the managing body finds any defect in an elevator as a result of the self-examination, he/she shall immediately repair the relevant elevator and suspend the operation of the elevator until the repair is completed. |
| (3) | Notwithstanding paragraph (1), the self-examination may be fully or partially exempted for any of the following elevators: |
| 1. | An elevator exempted from safety certification of an elevator by falling under any of subparagraphs 1 through 3 of Article 18; |
| 2. | An elevator which has failed to pass a safety inspection referred to in Article 32 (1); |
| 3. | An elevator for which a safety inspection has been postponed pursuant to Article 32 (3); |
| 4. | Other elevators that require to adjust the cycle of self-examination for reasons prescribed by Presidential Decree, such as the introduction of new repair and management technique. |
| (4) | If it is found unable to conduct a self-examination, the managing body may allow a person registered to engage in the elevator maintenance business to conduct such examination on his/her behalf. |
| (5) | Except as otherwise provided in paragraphs (1) through (4), the qualification of a person eligible to conduct a self-examination, the standard, items and methods of a self-examination, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 32 (Safety Inspection of Elevators) |
| (1) | Each managing body shall undergo the following safety inspections of elevators (hereinafter referred to as “safety inspection”) conducted by the Minister of the Interior and Safety: |
| 1. | Regular inspection: Inspection regularly conducted after an installation inspection. In such cases, the inspection cycle shall not exceed two years, which may vary by elevators taking the following into consideration, as prescribed by Ordinance of the Ministry of the Interior and Safety: |
| (a) | Types and service life of elevators; |
| (b) | Whether any serious accident or serious breakdown in Article 48 (1) has occurred; |
| (c) | Other matters prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 2. | Irregular inspection: Inspection conducted in any of the following cases: |
| (a) | Where the type, control mode, rated speed, rated capacity, or distance of the shuttle operation of an elevator has changed (excluding cases prescribed by Ordinance of the Ministry of the Interior and Safety, including where the standard for inspection are eased for an elevator after the relevant change is applied); |
| (b) | Where the control panel or actuator of an elevator is replaced; |
| (c) | Where an elevator is repaired due to any trouble (excluding cases falling under subparagraph 3 (b)); |
| (d) | Where the managing body requests an inspection; |
| 3. | Close Safety Inspection: Inspection conducted in any of the following cases. In such cases, if an elevator falls under item (c), it shall receive a close safety inspection; and thereafter it shall receive a close safety inspection every three years on a regular basis: |
| (a) | Where the Minister of the Interior and Safety deems it necessary to conduct a close safety inspection to prevent accidents and ensure safety since the results of a regular inspection under subparagraph 1 (hereinafter referred to as "regular inspection") or an irregular inspection under subparagraph 2 cannot clarify the causes of defects of the elevator; |
| (b) | Where a serious accident or serious breakdown in Article 48 (1) has occurred due to defects of the elevator; |
| (c) | Where 15 years have passed since the date of receiving an installation inspection; |
| (d) | Other cases where the Minister of the Interior and Safety deems it necessary to conduct a close inspection as the deterioration in the performance of the elevator is likely to threaten the safety of elevator users. |
| (2) | No managing body shall operate an elevator which has failed to undergo or pass a safety inspection; and in order to place such elevator in service, it shall have it passed a safety inspection. In such cases, with respect to an elevator which fails to pass the inspection, the managing body shall undergo a safety inspection again within a period set by Ordinance of the Ministry of the Interior and Safety. |
| (3) | If it is deemed impracticable for a managing body to undergo a safety inspection pursuant to paragraph (1) or (2), the Minister of the Interior and Safety may postpone such inspection until the relevant cause ceases to exist, as prescribed by Ordinance of the Ministry of the Interior and Safety |
| (4) | Except as otherwise provided in paragraphs (1) through (3), matters necessary for the standard, items, methods, etc. of a safety inspection shall be prescribed by Presidential Decree. |
| Article 33 (Exemption from Safety Inspection) |
The Minister of the Interior and Safety may exempt an elevator classified as follows from the relevant safety inspection:
| 1. | An elevator exempted from safety certification of an elevator by falling under any of subparagraphs 1 through 3 of Article 18: Safety inspection; |
| 2. | An elevator which has received or is subject to close safety inspection under Article 32 (1) 3: Regular inspection for the relevant year. |
| Article 34 (Issuance and Management of Certificates of Inspection, etc.) |
| (1) | The Minister of the Interior and Safety shall issue certificates of inspection respectively to a manufacturer or importer of an elevator which has passed an installation inspection and the managing body of an elevator which has passed a safety inspection, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | The Minister of the Interior and Safety shall issue an operation prohibition mark respectively to the manufacturer or importer of an elevator which has failed to pass an installation inspection and the managing body of an elevator which has failed to pass a safety inspection, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | A person who receives a certificate of inspection under paragraph (1) or an operation prohibition mark under paragraph (2) shall immediately post it at a place easily visible to elevator users and manage it not to be damaged. |
| Article 35 (Special Cases concerning Maintenance and Management under the Building Act) |
Where a managing body has received a safety inspection and conducted a self-examination, he/she shall be deemed to have maintained and managed building equipment (limited to elevators) pursuant to Article 35 of the Building Act.
SECTION 3 Execution of Installation Inspections and Safety Inspections by Proxy
| Article 36 (Execution of Installation Inspections and Safety Inspections by Proxy) |
| (1) | The Minister of the Interior and Safety may have the following persons vicariously conduct installation inspections or safety inspections: Provided, That the Minister of the Interior and Safety may have a corporation, organization, or institution referred to in subparagraph 2 vicariously conduct part of regular inspections: |
| 1. | The Korea Elevator Safety Agency under Article 55; |
| 2. | A corporations, organization, or institution designated as agencies for regular inspections pursuant to Article 37 (1). |
| (2) | The Minister of the Interior and Safety may guide, supervise, and support persons who vicariously conduct installation inspections or safety inspections pursuant to paragraph (1), within the scope necessary to ensure the safety of elevators. |
| Article 37 (Designation and Revocation of Designation, etc. of Designated Inspection Institutions) |
| (1) | The Minister of the Interior and Safety may designate a corporation, organization, or institution that meets the standard for designation prescribed by Presidential Decree, from among corporations, organizations, or institutions operating business related to the safety management of elevators, as an agency for regular inspections (hereinafter referred to as "designated inspection agency"), as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | Where a designated certification agency falls under any of the following cases, the Minister of the Interior and Safety may either revoke the designation or issue an order to suspend its business, fixing a period not exceeding one year: Provided, That in cases falling under subparagraph 1 or 2, such designation shall be revoked: |
| 1. | Where it obtains designation of a designated inspection agency by fraud or other improper means; |
| 2. | Where it conducts a regular inspection during the period of business suspension after receiving an order to suspend its business; |
| 3. | Where it refuses or fails to conduct a regular inspection without any justifiable ground; |
| 4. | Where it allows a person disqualified for conducting regular inspections to conduct a regular inspection; |
| 5. | Where it ceases to meet the standard for designation referred to in paragraph (1); |
| 6. | Where its employee in charge of regular inspections conducts a regular inspection, in violation of Article 72 (1) 4, intentionally or by gross negligence; |
| 7. | Where it fails to enter or falsely enters the result of a regular inspection into the comprehensive elevator safety information network referred to in Article 73, in violation of Article 72 (2); |
| 8. | Where it receives a fee in Article 76 more or less than the fixed amount. |
| (3) | Notwithstanding paragraph (2) 5, where the substandard level for designation under paragraph (1) is deemed trivial, the Minister of the Interior and Safety shall order, fixing a period, to take a supplementary measure meeting the standard for designation, and may exempt it from suspension of business if such order is fulfilled. |
| (4) | A corporation, organization, or institution, the designation of which is revoked pursuant to paragraph (2), shall not be eligible to apply for the designation of a designated inspection agency within one year from the date of such revocation. |
| (5) | Detailed standard for administrative dispositions under paragraph (2) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 38 (Penalty Surcharges to Be Imposed on Designated Inspection Agencies in Lieu of Disposition to Suspend Business) |
| (1) | Where the Minister of the Interior and Safety has to order the suspension of business for reasons falling under any subparagraph of Article 37 (2) 3 through 8, he/she may impose a penalty surcharge not exceeding 300 million won in lieu of a disposition of the suspension of business if the suspension of business is likely to cause serious inconveniences to users, etc. or to undermine the public interest. |
| (2) | Where a person liable to pay a penalty surcharge imposed pursuant to paragraph (1) fails to pay it by the deadline for payment, the Minister of the Interior and Safety shall collect such penalty surcharge in the same manner as delinquent national taxes are collected. |
| (3) | The types of violations subject to imposition of penalty surcharges under paragraph (1), the amount of a penalty surcharge to be imposed based on the type, extent, etc. of a violation, and matters necessary for the methods, etc. of the collection thereof shall be prescribed by Presidential Decree. |
SECTION 4 Elevator Maintenance Business
| Article 39 (Registration of Elevator Maintenance Business) |
| (1) | A person who intends to engage in the elevator maintenance business shall file a registration with the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply to the modification of matters prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | A person who intends to file a registration pursuant to the former part of paragraph (1) shall fulfill the requirements for the capital (for an individual, referring to the estimated value of his/her assets), technical personnel and facilities by types of elevators prescribed by Presidential Decree. |
| (3) | The registration of modification under the former part of paragraph (1) shall be filed within 30 days from the date of such modification of registered matters. |
| (4) | Where a person who has registered to engage in the elevator maintenance business under the former part of paragraph (1) (hereinafter referred to as "maintenance business operator") discontinues or suspends his/her business or resumes his/her suspended business, he/she shall report thereon to the competent Mayor/Do Governor within 30 days therefrom. |
| Article 40 (Grounds for Disqualification for Registration of Maintenance Business) |
None of the following persons shall be eligible for the registration of maintenance business (hereinafter referred to as "maintenance business") under Article 39: | 1. | A person under the adult guardianship or a person under the limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person in whose case two years have not passed since his/her imprisonment with labor or a heavier punishment declared by a court for violating this Act was completely executed (including cases in which the execution of the punishment is deemed complete) or exempted; |
| 4. | A person who is under the suspension of execution of his/her punishment declared by a court for violating this Act; |
| 5. | A person in whose case two years have not passed since his/her registration was revoked under Article 44 (1) (excluding cases where registration was revoked by falling under subparagraph 1 or 2 of this Article); |
| 6. | A corporation whose representative falls under any of subparagraphs 1 through 5. |
| Article 41 (Standard Maintenance Rates) |
| (1) | If deemed necessary to safely manage elevators and protect the interests of parties to contracts on the maintenance of elevators (including subcontracts concluded pursuant to the proviso of Article 42; hereinafter referred to as "contracts"), the Minister of the Interior and Safety may designate an institution specialized in elevators and have it determine and publicly announce standard maintenance rates to be borne by managing bodies (hereinafter referred to as "standard maintenance rates"), and may recommend parties to contracts to utilize them. |
| (2) | Matters necessary for designating a specialized institution, methods of announcing standard maintenance rates, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 42 (Limitations on Subcontracting of Maintenance Works) |
No maintenance business operator shall subcontract the maintenance works of elevators contracted by him/her to any other maintenance business operator, etc.: Provided, That the same shall not apply where he/she concludes a subcontract with any other maintenance business operator for maintenance works contracted by him/her to the extent not exceeding the ratio prescribed by Presidential Decree, with the written consent of the managing body (referring to the owner of elevators or a person designated as elevator manager by other statutes, where the maintenance business operator concurrently serves as the managing body).
| Article 43 (Upper Limit, etc. of Number of Elevators Subject to Maintenance) |
| (1) | No maintenance business operator shall conduct maintenance works of elevators exceeding the number of elevators subject to maintenance per month, which is prescribed by Ordinance of the Ministry of the Interior and Safety, taking into consideration technical skills, regional distribution of elevators, number of technical personnel, etc. |
| (2) | No maintenance business operator shall reject or evade, without any justifiable ground, when the managing body requests him/her to provide services relating to the maintenance of elevators maintained under a contract. |
| Article 44 (Revocation, etc. of Registration of Maintenance Business) |
| (1) | Where a maintenance business operator falls under any of the following cases, the competent Mayor/Do Governor may revoke his/her registration or order him/her to fully or partially suspend his/her business for a fixed period not exceeding six months: Provided, That in cases falling under subparagraph 1, 2, or 4, his/her registration shall be revoked: |
| 1. | Where his/her maintenance business is registered by fraud or other improper means; |
| 2. | Where he/she operates maintenance business during the period of business suspension, after receiving an order to suspend the business; |
| 3. | Where he/she ceases to meet the standard for registration prescribed in Article 39 (2); |
| 4. | Where he/she falls under any subparagraph of Article 40; |
| 5. | Where he/she subcontracts maintenance works, in violation of Article 42; |
| 6. | Where he/she performs elevator maintenance business exceeding the number of elevators subject to maintenance per month, in violation of Article 43 (1); |
| 7. | Where he/she rejects or evades the managing body's request to provide services, without any justifiable ground, in violation of Article 43 (2); |
| 8. | Where a serious accident or serious breakdown occurs under Article 48 (1) due to improper maintenance. |
| (2) | Notwithstanding paragraph (1), where the substandard level for registration under Article 39 (2) is deemed trivial, the Minister of the Interior and Safety may order, fixing a period, to take a supplementary measure meeting the standard for registration or to terminate subcontracts, and may exempt him/her from suspension of business if such order is fulfilled. |
| (3) | Detailed standard for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 45 (Penalty Surcharges to Be Imposed in Lieu of Disposition to Suspend Maintenance Business) |
| (1) | Where a Mayor/Do Governor has to order the suspension of business for reasons falling under any subparagraph of Article 44 (1) 3 or 5 through 8, he/she may impose a penalty surcharge not exceeding 100 million won in lieu of a disposition of the suspension of business, if the suspension of business is likely to cause serious inconveniences to users, etc. or to undermine the public interest. |
| (2) | Where a person liable to pay a penalty surcharge imposed pursuant to paragraph (1) fails to pay it by the deadline for payment, the competent Mayor/Do Governor shall collect such penalty surcharge pursuant to the Act on the Collection of Local Non-Tax Revenue. |
| (3) | The types of violations subject to imposition of penalty surcharges under paragraph (1), the amount of a penalty surcharge to be imposed based on the type, extent, etc. of a violation, and matters necessary for the methods, etc. of the collection thereof shall be prescribed by Presidential Decree. |
SECTION 5 Operation of Elevators and Accident Investigations
| Article 46 (Matters to be Observed by Elevator Users) |
Each elevator user shall observe the following safety rules when using an elevator:
| 1. | He/she shall not give a shock to the elevator door; |
| 2. | He/she shall not jump or walk inside an elevator in operation; |
| 3. | He/she shall observe matters related to the safety of elevator users, which are prescribed by Presidential Decree. |
| Article 47 (Operation of Elevators for Persons with Disabilities) |
Where a managing body or elevator safety manager under the main sentence of Article 29 (1) receives a request to operate an elevator for persons with disabilities which is prescribed by Ordinance of the Ministry of the Interior and Safety from a person who intends to use such elevator for persons with disabilities, he/she shall have his/her employee, etc. operate it so that such person can move safely.
| Article 48 (Reporting on and Investigation of Accidents) |
| (1) | When any of the following accidents or breakdown occurs in regard to an elevator managed by a managing body (including any maintenance business operator who vicariously conducts a self-examination pursuant to Article 31 (4); hereafter the same shall apply in this Article), the managing body shall notify the Korea Elevator Safety Agency under Article 55 of such accident or breakdown, as prescribed by Ordinance of the Ministry of the Interior and Safety: |
| 1. | A serious accident prescribed by Presidential Decree, such as death or injury of a person (hereinafter referred to as "serious accident"); |
| 2. | A serious breakdown prescribed by Presidential Decree, such as the case where an elevator is operated with its door open. |
| (2) | If a serious accident occurs, no one shall move, alter, or damage an accident scene or any thing related to the serious accident: Provided, That the same shall not apply where lifesaving or other urgent needs exist. |
| (3) | The Korea Elevator Safety Agency under Article 55 shall report the details of notification received pursuant to paragraph (1) to the Minister of the Interior and Safety, competent Mayor/Do Governor, and the elevator accident investigation committee organized pursuant to Article 49 (1). |
| (4) | Where deemed necessary to prevent reoccurrences and take preventive measures, the Minister of the Interior and Safety may investigate the cause, particulars, etc. of the elevator accident reported pursuant to paragraph (3). |
| (5) | Except as otherwise provided in paragraphs (1) through (4), matters necessary for reporting on, and investigation of, an elevator accident shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 49 (Elevator Accident Investigation Committee) |
| (1) | Where any additional investigation of the cause and particulars of an accident prescribed by Presidential Decree, such as a serious accident, is deemed necessary as a result of the investigation of an elevator accident conducted pursuant to Article 48 (4), the Minister of the Interior and Safety may organize an elevator accident investigation committee and have it investigate the accident. |
| (2) | Based on the result of an investigation conducted by an elevator investigation committee under paragraph (1), the Minister of the Interior and Safety may prepare measures to prevent the recurrence of elevator accidents and recommend such measures to the Korea Elevator Safety Agency under Article 55, designated certification agencies, or designated inspection agencies. |
| (3) | Except as otherwise provided in paragraphs (1) and (2), matters concerning the organization and operation of an elevator accident investigation committee and other necessary matters shall be prescribed by Presidential Decree. |
| Article 50 (Order, etc. to Suspend Operation of Elevators) |
| (1) | Where an elevator falls under any of the following cases, the Minister of the Interior and Safety shall notify such fact to the competent Mayor/Do Governor: |
| 1. | Where the elevator has not received or failed to pass an installation inspection; |
| 2. | Where the elevator has not received or failed to pass a safety inspection. |
| (2) | Where an elevator falls under any of the following cases, a Mayor/Do Governor may order to suspend the operation of the relevant elevator until the relevant cause ceases to exist: |
| 1. | Where the elevator has not received an installation inspection; |
| 2. | Where the elevator has not received a self-examination; |
| 3. | Where the operation of the elevator has not been suspended, in violation of Article 31 (2); |
| 4. | Where the elevator has not received a safety inspection; |
| 5. | Where a safety inspection is postponed pursuant to Article 32 (2); |
| 6. | Other cases where a serious harm has occurred or is likely to occur due to the elevator. |
| (3) | Where a Mayor/Do Governor orders to suspend the operation of an elevator pursuant to paragraph (2), he/she shall issue a mark of the suspension of operation prescribed by Ordinance of the Ministry of the Interior and Safety to the managing body. |
| (4) | A managing body shall immediately post the mark received pursuant to paragraph (3) at a place easily visible to elevator users and manage it not to be damaged, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
CHAPTER V REPORTING ON CAREERS OF TECHNICIANS AND EDUCATION OF TECHNICIANS
| Article 51 (Reporting, etc. on Careers of Technicians) |
| (1) | Each technician engaged in any of the following affairs, who is prescribed by Presidential Decree (hereinafter referred to as "technician), shall report matters concerning his/her place of service, career, qualifications, etc. (hereinafter referred to as “career, etc.”) to the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply to any change to the matters reported: |
| 1. | Manufacture or import of elevators or elevator parts; |
3 Safety certification of parts;
| 4. | Safety certification of elevators; |
| 5. | Installation inspection; |
| 8. | Other affairs related to the safety management of elevators, which are prescribed by Presidential Decree. |
| (2) | The Minister of the Interior and Safety shall manage the matters concerning the careers, etc. of technicians reported pursuant to paragraph (1); and if an application for issuance of a certificate of career, etc. is received from a technician, he/she shall issue it to the relevant technician. |
| (3) | Where necessary to verify the information reported pursuant to paragraph (1), the Minister of the Interior and Safety may request a central administrative agency, a local government, the Korea Elevator Safety Agency under Article 55, a designated certification agency, a designated inspection agency or an elevator business operator, to which the relevant technician belongs, etc., to submit necessary data. In such cases, any person, in receipt of such request, shall comply therewith except in extenuating circumstances. |
| (4) | Where a technician files a report or report on a change pursuant to paragraph (1), he/she shall falsely report his/her career, etc. |
| (5) | Except as otherwise provided in paragraphs (1) through (4), matters necessary for reporting by technicians and issuing and managing certificates, and other relevant matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 52 (Education, etc. of Technicians) |
| (1) | The Minister of the Interior and Safety may have technicians engaged in the affairs in Article 51 (1) 1, 2 and 8 receive the technical education conducted by him/her on the manufacture, installation, maintenance, etc. of elevators (hereinafter referred to as "technical education"). |
| (2) | Each employer employing a technician engaged in the affairs set forth in Article 51 (1) 3 through 7 (hereinafter referred to as “safety management technicians”) shall ensure the technician to complete the on-the-job training on the safety management of elevators conducted by the Minister of the Interior and Safety (hereinafter referred to as "on-the-job education"). |
| (3) | An employer of a technician required to receive technical education or on-the-job education shall bear expenses necessary to receive the technical education or on-the-job education, and shall not give any treatment disadvantageous to the relevant technician for that reason. |
| (4) | Except as otherwise provided in paragraphs (1) through (3), matters necessary for the hours, details, methods, evaluation, cycle, etc. of technical education and on-the-job education shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 53 (Designation and Revocation, etc. of Designation of Educational Institutions) |
| (1) | The Minister of the Interior and Safety may designate a corporation, organization, or institution that meets the standard for designation prescribed by Presidential Decree, from among corporations, organizations or institutions operating business related to technical education or on-the-job education, as an educational institution exclusive for technical education or on-the-job education (hereinafter referred to as "educational institution") and allow it to conduct technical education or on-the-job education, as prescribed by Ordinance of the Ministry of the Interior and Safety |
| (2) | Where an educational institution falls under any of the following cases, the Minister of the Interior and Safety may either revoke the designation or issue an order to suspend its business for a fixed period not exceeding one year: Provided, That in cases falling under subparagraph 1 or 2, such designation shall be revoked: |
| 1. | Where it obtains designation of an educational institution by fraud or other improper means; |
| 2. | Where it conducts technical education or on-the-job education during the period of business suspension after receiving an order to suspend its business; |
| 3. | Where it refuses or fails to conduct technical education or on-the-job education without any justifiable ground; |
| 4. | Where it ceases to meet the standard for designation referred to in paragraph (1); |
| 5. | Other cases where it falls under any ground prescribed by Presidential Decree. |
| (3) | A corporation, organization, or institution, the designation of which is revoked pursuant to paragraph (2), shall not be eligible to apply for the designation of an educational institution within one year from the date of such revocation. |
| (4) | Detailed standard for administrative dispositions under paragraph (2) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 54 (Suspension of Business of Safety Management Technicians) |
| (1) | Where a safety management technician falls under any of the following, the Minister of the Interior and Safety may order to suspend his/her business for a fixed period not exceeding six months: |
| 1. | Where he/she falsely conducts a self-examination; |
| 2. | Where he/she fails to enter or falsely enters the results of self-examination into the comprehensive elevator safety information network in Article 73; |
| 3. | Where he/she conducts certification or inspection, in violation of Article 72 (1); |
| 4. | Where he/she fails to enter or falsely enters the results of certification or inspection self-examination into the comprehensive elevator safety information network in Article 73, in violation of Article 72 (2). |
| (2) | The detailed standard for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
CHAPTER VI KOREA ELEVATOR SAFETY AGENCY
| Article 55 (Establishment of Korea Elevator Safety Agency) |
| (1) | A Korea Elevator Safety Agency (hereinafter referred to as the "Agency") shall be established to promote projects related to the safety management of elevators, to conduct research and development, and to disseminate technologies related to the safety of elevators, by being entrusted with the duties of the Minister of the Interior and Safety or to perform such duties on behalf of the Minister. |
| (2) | The Agency shall be a corporation, and shall be duly formed upon completion of the registration of its establishment at the location of its main office. |
| Article 56 (Establishment of Auxiliary Organs) |
The Agency may establish auxiliary organs, such as regional headquarters, branches, local offices, or education centers, if necessary, upon resolution of its board of directors.
| Article 57 (Business of Agency) |
The Agency shall perform the following business in regard to the safety management of elevators:
| 1. | Investigation, research, and technology development on the safety of elevators; |
| 2. | Education and publicity on the safety of elevators; |
| 3. | Safety certification of parts and elevators by proxy; |
| 4. | Installation inspections and safety inspections by proxy; |
| 5. | Training and management of technical personnel specializing in elevators; |
| 6. | Comprehensive management of information on safety of elevators, and collection, publication and provision of data; |
| 7. | International exchange and cooperation on safety of elevators; |
| 8. | Entrusted business, such as diagnosis of and consulting services for safety of elevators; |
| 9. | Business to be performed by proxy or by entrustment under this Act or other Acts or subordinate statutes; |
| 10. | Other business prescribed by the articles of incorporation as those necessary to achieve the purpose of the establishment of the Agency. |
| Article 58 (Executive Officers) |
| (1) | The Agency shall have not more than 10 directors, including one president and one auditor respectively as its executive officers. |
| (2) | The president shall represent the Agency and exercise the overall control of its affairs. |
| Article 59 (Raising Funds, etc.) |
The funds required for the operation and business of the Agency shall be financed from the following resources:
| 1. | Subsidies or loans granted by the government; |
| 2. | Revenues from the operation of the business in Article 57; |
| 3. | Proceeds from the operation of assets; |
| 4. | Other revenue from incidental business. |
| Article 60 (Subsidies, etc.) |
The government may subsidize the cost required to perform the business of the Agency or grant a loan for financial funds, within budgetary limits.
| Article 61 (Guidance on and Supervision of Agency) |
| (1) | The Minister of the Interior and Safety shall guide and supervise the following matters among the duties of the Agency and affairs related thereto: |
| 1. | Formulation of an annual business plan and compilation of an annual budget; |
| 2. | Organization and the fixed number of executive officers and employees; |
| 3. | Matters concerning the acquisition, disposal, etc. of important property prescribed by Presidential Decree; |
| 4. | Performance of business entrusted by the Minister of the Interior and Safety; |
| 5. | Performance of business entrusted by the Minister of the Interior and Safety to be performed on his/her behalf or business approved by him/her; |
| 6. | Matters related to the technical personnel, test, and inspection facilities, etc. under paragraph (3). |
| (2) | The Agency shall prepare a business plan and a budget proposal for every business year and obtain approval from the Minister of the Interior and Safety. The same shall also apply to any modification thereof. |
| (3) | Where the Agency performs the affairs in subparagraphs 3 and 4 of Article 57, it shall fulfill the standard for human resources and facilities, including technical personnel, test, and inspection facilities prescribed by Presidential Decree. |
| (4) | Where an employee of the Agency who performs affairs related to subparagraphs 3 and 4 of Article 57 violates this Act or an order issued under the mandate of this Act by intention or serious mistake while performing such affairs, the Minister of the Interior and Safety may request the Agency to dismiss the relevant employee. |
| (5) | Upon receipt of a request for dismissal under paragraph (4), the Agency shall take measures on the relevant employee without delay and report the result to the Minister of the Interior and Safety. |
| Article 62 (Duty to Keep Confidentiality) |
No person who is or has been an executive officer or employee of the Agency shall divulge or make fraudulent use of any confidential information learned while conducting his/her duties.
| Article 63 (Prohibition of Use of Similar Names) |
No one, other than the Agency established under this Act, shall use the name Korea Elevator Safety Agency or any similar name.
| Article 64 (Application Mutatis Mutandis of the Civil Act) |
CHAPTER VII PROMOTION OF ELEVATOR SAFETY INDUSTRY
| Article 65 (Establishment of Foundation for Elevator Safety Industry) |
| (1) | The government shall formulate and promote measures for the development of technologies related to elevator safety and the enhancement of international competitiveness of each of the following industries (hereinafter referred to as "elevator safety industry"): |
| 1. | Manufacturing or import business; |
| 2. | Elevator installation business; |
| 4. | Any business related to subparagraphs 1 thorough 3, which is prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | The government may fully or partially subsidize the funds required by a person who develops technology related to safety of elevators or engages in a business related to improving international competitiveness of the elevator safety industry for developing such technology or performing such business. |
| Article 66 (Selection, etc. of Excellent Safety Management Business Entities) |
| (1) | The Minister of the Interior and Safety may select excellent safety management business entities and render necessary support to those business entities so as to improve the quality of safety management of elevators. |
| (2) | Matters necessary for the methods, procedures, etc. for selection of excellent safety management business entities under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 67 (Cooperation, etc. between Manufacturers or Importers and Maintenance Business Operators) |
| (1) | In order to achieve the balanced development of the elevator safety industry and efficient performance of maintenance works, the Minister of the Interior and Safety may provide guidance on subcontracting, joint contracting, etc. to maintain and develop the following cooperative relations: |
| 1. | Cooperative relationship between manufacturers or importers and maintenance business operators: |
| 2. | Cooperative relationship between large-sized maintenance business operators and small- and medium-sized maintenance business operators. |
| (2) | The Minister of the Interior and Safety may guide each manufacturer or importer of elevators to have relevant maintenance business operator registered as his/her partner for the stable maintenance of elevators. |
| (3) | A manufacturer, importer, and a maintenance business operator made to be registered or having registered as partners pursuant to paragraph (2) shall cooperate with each other in respect of the following matters: |
| 1. | Exchange of technology and information on maintenance; |
| 2. | Support for human resources or development of technology necessary to perform maintenance works; |
| 3. | Other matters that the Minister of the Interior and Safety deems necessary to maintain cooperative relationship. |
| (4) | Except as otherwise provided in paragraphs (1) through (3), matters necessary for guidance on subcontracting, joint contracting, etc. and registration, etc. of partners shall be prescribed by Presidential Decree. |
| Article 68 (Establishment of Association) |
| (1) | Elevator business operators may establish an association of elevator business operators (hereinafter referred to as the "association") for the sound development of the elevator safety industry and the common interest of elevator business operators. |
| (2) | The association shall be a corporation. |
| (3) | The association shall be duly formed upon completion of the registration of its establishment at the location of its main office. |
| (4) | Matters concerning qualifications for members of the association and its executive officers, etc. shall be prescribed by its articles of association. |
| (5) | Except as otherwise provided in paragraphs (1) through (4), matters to be entered in the articles of association, matters necessary for the supervision of the association, and other relevant matters shall be prescribed by Presidential Decree. |
| Article 69 (Authorization, etc. for Establishment of Association) |
| (1) | In order to establish the association, at least five elevator business operators qualified for its members shall be promoters, and the articles of association shall be prepared by the resolution of the inaugural general meeting after obtaining consent from at least the number of elevator business operators prescribed by Presidential Decree from among elevator business operators qualified for its members; and thereafter, it shall file an application for authorization of the Minister of the Interior and Safety. |
| (2) | When the Minister of Trade, Industry and Energy grants authorization pursuant to paragraph (1), he/she shall publicly announce such fact. |
| (3) | Promoters shall be responsible for the administrative affairs necessary to be performed until the association is established and its executive officers are appointed. |
| Article 70 (Recommendation and Consultation, etc.) |
| (1) | The association may recommend to the government matters necessary for the sound development of elevator safety industry. |
| (2) | The association shall provide advice on the elevator safety industry upon request of the government. |
| (3) | If the association finds that an elevator business operator who is its member has violated this Act, it shall identify the details thereof and report them to the Minister of the Interior and Safety. |
| Article 71 (Application Mutatis Mutandis of the Civil Act) |
Except as otherwise provided in this Act, the provisions of the Civil Act which pertain to incorporated associations shall apply mutatis mutandis to the association.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 72 (Obligations of Persons Conducting Safety Certification of Parts, etc.) |
| (1) | A person who conducts certification or inspection classified as follows shall faithfully perform such affairs in accordance with the relevant standards or methods: |
| 1. | Safety certification of parts: Safety standards for elevator safety parts; |
| 2. | Safety certification of elevators: Safety standards for elevators; |
| 3. | Installation inspection: Criteria for and methods of an installation inspection in Article 28 (3); |
| 4. | Safety inspection: Criteria for and methods of a safety inspection in Article 32 (4). |
| (2) | A person who conducts certification or inspection in any subparagraph of paragraph (1) shall enter the result of the certification or inspection into the comprehensive elevator safety information network in Article 73. |
| Article 73 (Building and Operation of Comprehensive Elevator Safety Information Network) |
| (1) | The Minister of the Interior and Safety may build and operate a comprehensive elevator safety information network (hereinafter referred to as "comprehensive elevator safety information network") to comprehensively manage the following information related to the safety of elevators and may provide such information to manufacturers, importers, designated certification agencies, designated inspection agencies, maintenance business operators, educational institutions, the Agency, or relevant administrative agencies, etc. or partially disclose such information to the general public, if necessary: |
| 1. | Current status of the registration of manufacturing or import business; |
| 2. | Information on the history of safety inspection of a part; |
| 3. | Information on the history of regular evaluation of an elevator safety part under Article 13 (1); |
| 4. | Information on the history of safety certification of an elevator; |
| 5. | Information on the history of regular evaluation of an elevator under Article 19 (1); |
| 6. | Information on the history of installation inspection; |
| 7. | Current status of elevator safety managers under Article 29; |
| 8. | Information on the history of self-examination; |
| 9. | Information on the history of safety inspection; |
| 10. | Current status of the registration of maintenance business; |
| 11. | Current status of serious accidents or serious breakdowns under Article 48 (1); |
| 12. | Current status of persons subject to technical education and their completion thereof; |
| 13. | Current status of persons subject to on-the-job education and their completion thereof; |
| 14. | Other information related to the safety of elevators, which are prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | The Minister of the Interior and Safety may request manufacturers, importers, designated certification agencies, designated inspection agencies, managing bodies, maintenance business operators, educational institutions, the Agency, and relevant administrative agencies to provide necessary materials to build and operate the comprehensive elevator safety information network. In such cases, any entity in receipt of such request shall comply therewith except in extenuating circumstances. |
| (3) | Except as otherwise provided in paragraphs (1) and (2), matters necessary for building, operating the comprehensive elevator safety information network, etc. shall be prescribed by Presidential Decree. |
| Article 74 (Investigations into Actual Conditions) |
| (1) | The Minister of the Interior and Safety shall investigate the actual conditions of any of the following elevators each year to ascertain the current status, etc. of the operation of elevators: |
| 1. | Elevators that fails to receive or pass an installation inspection; |
| 2. | Elevators that fails to receive or pass a safety inspection; |
| 3. | Other elevators that the Minister of the Interior and Safety deems it necessary to investigate the actual conditions for the safety management of elevators. |
| (2) | A Mayor/Do Governor shall investigate the actual conditions of any of the following persons each year to ascertain matters prescribed by Ordinance of the Ministry of the Interior and Safety, such as matters concerning the maintenance of the requirements for registration: |
| 1. | Manufacturers and importers; |
| 2. | Maintenance business operators. |
| (3) | Matters necessary for the scope, methods, etc. of investigation into actual conditions under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 75 (Reporting and Inspection) |
| (1) | If deemed necessary to enforce this Act, the Minister of the Interior and Safety may request designated certification agencies, designate inspection agencies, and educational institutions to submit materials stating their human resources, equipment, or performance records or report thereon. |
| (2) | If deemed necessary to enforce this Act, a Mayor/Do Governor may request any of the following persons to submit materials stating the relevant matters or report thereon: |
| 1. | Manufacturers and importers: Matters concerning production volume, import volume, technical personnel, current status of securing facilities and spare parts for maintenance, etc.; |
| 2. | Managing bodies: Matters concerning the current status of self-examination, elevator safety managers, accidents, etc.; |
| 3. | Maintenance business operators: Matters concerning technical personnel, maintenance facilities, number of elevators being maintained, current status of elevators for which maintenance contracts are concluded, etc. |
| (3) | If it is impracticable to achieve the objectives of investigation only by the submission of materials or reporting under paragraph (1) or (2), the Minister of the Interior and Safety or a Mayor/Do Governor may have relevant public officials access the relevant business places and other places of business to inspect books, documents, and other articles. |
| (1) | Any of the following persons shall pay a fee, as prescribed by Ordinance of the Ministry of the Interior and Safety: |
| 1. | A person who intends to obtain safety certification of a part; |
| 2. | A person who intends to obtain verification of full or partial exemption from safety certification of a part pursuant to subparagraph 1 or 5 of Article 12; |
| 3. | A person who intends to undergo regular evaluation of an elevator safety part pursuant to Article 13 (1); |
| 4. | A person who intends to obtain safety certification of an elevator; |
| 5. | A person who intends to obtain verification of full or partial exemption from safety certification of an elevator pursuant to subparagraph 1 or 5 of Article 18; |
| 6. | A person who intends to undergo a regular evaluation of an elevator pursuant to Article 19 (1); |
| 7. | A person who intends to undergo an installation inspection; |
| 8. | A person who intends to receive elevator management education; |
| 9. | A person who intends to undergo a safety inspection; |
| 10. | A person who intends to apply for the issuance of a certificate of career, etc. pursuant to Article 51 (2); |
| 11. | A person who intends to receive technical education; |
| 12. | A person who intends to receive on-the-job education. |
| (2) | Any of the following persons shall pay a fee, as prescribed by ordinance of the relevant City/Do to the extent prescribed by Presidential Decree: |
| 1. | A person who intends to file the registration of manufacturing business or import business; |
| 2. | A person who intends to obtain verification of full or partial exemption from safety certification of a part pursuant to subparagraph 2 of Article 12; |
| 3. | A person who intends to obtain verification of full or partial exemption from safety certification of an elevator pursuant to subparagraph 2 of Article 18; |
| 4. | A person who intends to file registration of a maintenance business pursuant to Article 39 (1). |
| (1) | The Minister of the Interior and Safety shall hold a hearing when he/she intends to impose any of the following dispositions: |
| 1. | Revocation of designation of a designated certification agency under Article 23 (2); |
| 2. | Revocation of designation of a designated inspection agency under Article 37 (2); |
| 3. | Revocation of designation of an educational institution under Article 53 (2). |
| (2) | A Mayor/Do Governor shall hold a hearing when he/she intends to impose any of the following dispositions: |
| 1. | Revocation of registration of manufacturing business or import business under Article 9; |
| 2. | Revocation of registration of maintenance business under Article 44. |
| Article 78 (Delegation and Entrustment of Authority, etc.) |
| (1) | The Minister of the Interior and Safety may partially delegate his/her authority under this Act to Mayors/Do Governors, as prescribed by Presidential Decree: |
| (2) | The Minister of the Interior and Safety or Mayors/Do Governors may entrust the following duties among his/her duties under this Act to the Agency, as prescribed by Presidential Decree: |
| 1. | Verification of exemption from safety certification of parts under Article 12; |
| 2. | Verification of exemption from safety certification of elevators under Article 18; |
| 3. | Regular evaluation of elevators under Article 19 (1); |
| 4. | Guidance and support for designated certification agencies under Article 22 (3); |
| 5. | Receipt of reports on installation of elevators under Article 27; |
| 6. | Receipt of notifications on appointment, replacement, etc. of elevator safety managers under Article 29; |
| 7. | Guidance and support for designated inspection agencies under Article 36 (2); |
| 8. | Investigation of elevator accidents under Article 48 (4); |
| 10. | Building and operation of a comprehensive elevator safety information network and provision of information; |
| 11. | Verification of materials submitted or reported pursuant to Article 75 (1). |
| (3) | The Minister of the Interior and Safety may entrust the following duties among his/her duties under this Act to the Agency, designated certification agencies, designated agencies, or an association, as prescribed by Presidential Decree: |
| 1. | Regular evaluation of elevator safety parts under Article 13 (1); |
| 2. | Issuance of certificates of inspection and operation prohibition marks under Article 34; |
| 3. | Notification on elevators which have failed to pass a safety inspection, as prescribed in Article 50 (1); |
| 4. | Receipt of reports on matters concerning careers, etc. of technicians under Article 51 (1); |
| 5. | Management of matters and issuance of certificates concerning careers, etc. of technicians under Article 51 (2); |
| 6. | Guidance on cooperation among elevator business operators under Article 67. |
| (4) | If deemed necessary for the efficient performance of affairs delegated or entrusted under paragraphs (1) through (3), the Minister of the Interior and Safety may determine and notify guidelines for handling business affairs or guide and supervise handling business affairs. |
| (5) | If the Agency finds any violation of this Act or an order issued by the mandate of this Act while performing the duties entrusted under paragraphs (2) and (3), it shall notify such fact of violation to the Minister of the Interior and Safety or competent Mayor/Do Governor. |
| Article 79 (Legal Fiction of Public Official in Application of Penalty Provisions) |
| 1. | An executive officer or employee of a designated certification agency; |
| 2. | An executive officer or employee of a designated inspection agency; |
| 3. | A member of an elevator accident investigation committee in Article 49 (1) who is not a public official. |
CHAPTER IX PENALTY PROVISIONS
| Article 80 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: |
| 1. | A person who obtains the registration of manufacturing business or import business under Article 6 by fraud or other improper means; |
| 2. | A person who engages in manufacturing business or import business without registration, in violation of the former part of Article 6 (1); |
| 3. | A person who engages in manufacturing business or import business after the registration is revoked or during the period of business suspension under Article 9; |
| 4. | A person who obtains safety certification of a part under Article 11 by fraud or other improper means; |
| 5. | A person who manufactures or imports an elevator safety part without obtaining safety certification of a part, in violation of Article 11 (1); |
| 6. | A person who fails to obtain safety certification of a part in regard to the altered matter, in violation of the main sentence of Article 11 (2); |
| 7. | A person who places a safety certification mark, etc. of a part or any similar mark, in violation of Article 14 (2); |
| 8. | A person who obtains safety certification of an elevator under Article 17 by fraud or other improper means; |
| 9. | A person who manufactures or imports an elevator without obtaining safety certification of an elevator, in violation of Article 17 (1); |
| 10. | A person who fails to obtain safety certification of an elevator in regard to the modified matters, in violation of the main sentence of Article 17 (2); |
| 11. | A person who places a safety certification mark, etc. of an elevator or any similar mark, in violation of Article 20 (2); |
| 12. | A person who obtains designation of a certification agency under Article 23 (1) by fraud or other improper means; |
| 13. | A person who conducts safety certification of a part without obtaining designation of a designated certification agency under Article 23 (1); |
| 14. | A person who conducts safety certification of a part after the designation of a designated certification agency is revoked or during the period of business suspension under Article 23 (2); |
| 15. | A person who fails to comply with an order to suspend sale, etc. issued under Article 25 (1) or (2); |
| 16. | A person who violates an order of performance issued under Article 26; |
| 17. | A person who has an elevator which has failed to pass an installation inspection operated or operates such elevator, in violation of Article 28 (2); |
| 18. | A person who operates an elevator which has failed to pass a safety inspection, in violation of the former part of Article 32 (2); |
| 19. | A person who obtains designation of a designated inspection agency under Article 37 (1) by fraud or other improper means; |
| 20. | A person who conducts a regular inspection without obtaining designation of a designated inspection agency under Article 37 (1); |
| 21. | A person who conducts a regular inspection after the designation of a designated inspection agency is revoked or during the period of business suspension under Article 37 (2); |
| 22. | A person who obtains registration of maintenance business under Article 39 by fraud or other improper means; |
| 23. | A person who engages in maintenance business without registration, in violation of Article 39 (1); |
| 24. | A person who engages in maintenance business after the registration is revoked or during the period of business suspension under Article 44; |
| 25. | A person who violates an order to suspend operation issued under Article 50 (2); |
| 26. | A person who obtains designation of an educational institution under Article 53 (1) by fraud or other improper means; |
| 27. | A person who conducts technical education or on-the-job education without obtaining designation of an educational institution under Article 53 (1); |
| 28. | A person who conducts technical education or on-the-job education after the designation of an educational institution is revoked or during the period of business suspension under Article 53 (2). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: |
| 1. | A person exempted from safety certification of a part under Article 12 by fraud or other improper means; |
| 2. | A person who alters or removes a safety certification mark, etc. of a part at his/her own discretion, in violation of Article 14 (3); |
| 3. | A person exempted from safety certification of an elevator under Article 18 by fraud or other improper means; |
| 4. | A person who alters or removes a safety certification mark, etc. of an elevator at his/her own discretion, in violation of Article 20 (3); |
| 5. | A person who has an elevator which has failed to pass an installation inspection operated or operates such elevator, in violation of Article 28 (2); |
| 6. | A person who causes a serious accident by operating an elevator without repairing it knowing the fact that it has a defect, in violation of Article 31 (2); |
| 7. | A person who operates an elevator without undergoing a safety inspection, in violation of the former part of Article 32 (2); |
| 8. | A person who subcontracts maintenance works, in violation of Article 42; |
| 9. | A person who refuses to operate an elevator for persons with disabilities or causes a serious accident by failing to operate it in a safe manner, in violation of Article 47; |
| 10. | A person who engages in the business of a safety management technician during the period of suspension thereof under Article 54; |
| 11. | A person who conducts certification or an inspection, in violation of Article 72 (1). |
| Article 81 (Joint Penalty Provisions) |
Where a representative of a legal entity or an organization, or an agent, servant or any other employee of the legal entity or organization or an individual commits an offense prescribed in Article 80 in connection with affairs of the legal entity, organization or individual, not only shall such offender be punished, but also the legal entity, organization or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where the legal entity, organization or individual has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such offense.
| Article 82 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: |
| 1. | A person who violates an order of performance issued under Article 8 (3); |
| 2. | A person who fails to undergo a regular evaluation of an elevator safety part under Article 13 (1); |
| 3. | A person who sells or leases any elevator safety part having no safety certification mark, etc. of a part or imports, displays, or keeps it for purpose of sale or display, in violation of Article 15 (1); |
| 4. | A person who fails to undergo a regular evaluation of an elevator under Article 19 (1); |
| 5. | A person who allows a person who fails to meet qualification for conducting a self-examination in Article 31 (5) to conduct a self-examination; |
| 6. | A person who fails to submit or falsely submits any material or report in Article 75 (1) or (2); |
| 7. | A person who rejects, interferes with, or evades an inspection conducted pursuant to Article 75 (3). |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: |
| 1. | A person who fails to register modification of manufacturing business or import business pursuant to the latter part of Article 6 (1); |
| 2. | A person who fails to report the discontinuation, suspension, etc. of his/her manufacturing business or import business under Article 6 (4); |
| 3. | A person who fails to conduct a self-evaluation of an elevator safety part under Article 13 (2) or falsely prepares and keeps the record of a self-evaluation thereof; |
| 4. | A person who fails to place a safety certification mark, etc. of a part, in violation of Article 14 (1); |
| 5. | A person who fails to post information about safety certification of a part, in violation of Article 14 (4); |
| 6. | A person who mediates the sale of any elevator safety part having no safety certification mark, etc. of a part or vicariously purchases or imports it, in violation of Article 15 (2); |
| 7. | A person who uses any elevator safety part having no safety certification mark, etc. of a part, in violation of Article 15 (3); |
| 8. | A person who fails to conduct a self-evaluation of an elevator under Article 19 (2) or falsely prepares and keeps the record of a self-evaluation; |
| 9. | A person who fails to place a safety certification mark, etc. of an elevator, in violation of Article 20 (1); |
| 10. | A person who fails to post information about safety certification of an elevator, in violation of Article 20 (4); |
| 11. | A person who fails to file a report on the installation of an elevator, in violation of Article 27; |
| 12. | A person who fails to subscribe to a liability insurance, in violation of Article 30 (1); |
| 13. | A person who fails to conduct a self-examination, in violation of Article 31 (1); |
| 14. | A person who fails to enter or falsely enters the result of a self-examination into a comprehensive elevator safety information network, in violation of Article 31 (1); |
| 15. | A person who fails to suspend the operation of an elevator, in violation of Article 31 (2) or who interferes with the suspension of the operation thereof; |
| 16. | A person who fails to register the modification of maintenance business pursuant to the latter part of Article 39 (1); |
| 17. | A person who fails to report the discontinuation, suspension, etc. of his/her maintenance business pursuant to Article 39 (4); |
| 18. | A person who refuses or evades to operate an elevator for persons with disabilities, in violation of Article 47; |
| 19. | A person who fails to give notification or gives a false notification, in violation of Article 48 (1); |
| 20. | A person who moves, alters, or damages the scene of an accident or any thing related to a serious accident, in violation of Article 48 (2). |
| (3) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: |
| 1. | A person who fails to receive elevator management education or causes an elevator safety manager not to receive it, in violation of Article 29 (5); |
| 2. | A person who fails to receive a safety inspection again, in violation of the latter part of Article 32 (2); |
| 3. | A person who fails to post an operation prohibition mark or posts it at a place not easily visible or manages it to damage it, in violation of Article 34 (3); |
| 4. | A person who fails to post a mark of suspension of operation or posts it at a place not easily visible or manages it to damage it, in violation of Article 50 (4); |
| 5. | A person who fails to report or falsely reports career, etc. in the former part of Article 51 (1); |
| 6. | A person who causes a technician not to complete on-the-job education, in violation of Article 52 (2); |
| 7. | A person who fails to bear expenses necessary to receive technical education or on-the-job education, or gives any treatment disadvantageous to the relevant technician for reasons of technical education or on-the-job education, in violation of Article 52 (3); |
| 8. | A person who uses the name of the Korea Elevator Safety Agency or any similar name, in violation of Article 63. |
| (4) | Any of the following persons shall be punished by an administrative fine not exceeding one million won: |
| 1. | A person who fails to notify the appointment or replacement of an elevator safety manager, in violation of Article 29 (3); |
| 2. | A person who fails to post a certificate of inspection, posts it at a place not easily visible, or manges it to damage it, in violation of Article 34 (3); |
| 3. | A person who fails to file a report or files a false report on a change in career, etc. in the latter part of Article 51 (1). |
| (5) | Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of the Interior and Safety or Mayors/Do Governors, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Post Management Conducted by Manufacturers or Importers)
The amended provisions of Article 8 (1) 3 and 4 shall apply to the elevators or elevator parts sold or transferred after this Act enters into force. Article 3 (Applicability to Safety Certification of Elevators)
The amended provisions of Articles 17 through 21, 25 (2) and (3) (limited to matters concerning elevators), 26 (limited to matters concerning elevators), 80 (1) 8 through 11, 15 (limited to matters concerning elevators) and 16 (limited to matters concerning elevators) and (2) 3 and 4, 82 (1) 4 and (2) 8 through 10 shall apply to the elevators which are released or clear customs after this Act enters into force. Article 4 (Applicability to Issuing and Posting Operation Prohibition Marks)
The amended provisions of Article 34 (2) and (3) (limited to matters concerning an operation prohibition mark) and 82 (3) 3 shall apply where an elevator fails to pass an installation inspection or safety inspection after this Act enters into force. Article 5 (Applicability to Upper Limit of Number of Elevators to Be Maintained)
The amended provisions of Articles 43 (1) and 44 (1) 6 shall begin to apply from the maintenance works performed in the month to which the enforcement date of this Act belongs. Article 6 (Applicability to Suspension of Business of Safety Management Technicians)
The amended provisions of Articles 54 (1) 3 (limited to matters concerning certification) and 4 (limited to matters concerning certification) and 72 (1) 1 and 2 and (2) (limited to matters concerning certification) shall apply to the safety certification of parts and safety certification of elevators conducted after this Act enters into force. Article 7 (Applicability to Dismissal of Employees of Agency)
The amended provisions of Article 61 (4) and (5) shall apply where an employee of the Agency violates this Act or an order issued under the mandate of this Act by intention or serious mistake while performing his/her duties, after this Act enters into force. Article 8 (Special Cases concerning Subscription to Liability Insurance by Managing Body)
Each managing body who has failed to subscribe to a liability insurance as at the time this Act enters into force shall subscribe to a liability insurance pursuant to the amended provisions of Article 30 within three months after this Act enters into force.
Article 9 (Special Cases concerning Close Safety Inspection Conducted pursuant to Previous Act)
Notwithstanding the amended provisions of the latter part of Article 13-2 (1), with the exception of subparagraphs, each elevator which has received a close safety inspection before January 28, 2017, which is the enforcement date of the partially amended Elevator Facilities Safety Management Act (Act No. 13921) (hereafter referred to as "same amended Act" in this Article), pursuant to Article 13-2 (1) 3 of the Elevator Facilities Safety Management Act, which was in force before it is amended to the same Act and for which two years have passed from the date on which it has received the relevant close safety inspection (hereinafter referred to as "date of previous close safety inspection"), shall receive a close safety inspection within the period classified as follows: | 1. | Where no less than two years but less than five years have passed since the date of the previous close safety inspection: Within two years from January 28, 2017; |
| 2. | Where at least five years have passed since the date of the previous close safety inspection: Within one year from January 28, 2017. |
Article 10 (General Transitional Measures)
Any disposition and procedure, such as revocation, order to suspend operation, disposition to prohibit the use of a mark, order for improvement, order of performance, and public announcement, and any other act taken or done by an administrative agency pursuant to the following Acts, shall be deemed to have been taken or done under the provisions of this Act which correspond thereto:
| (2) | Any registration, report, application, declaration, submission, and other acts done to administrative agencies pursuant to the Acts set forth in subparagraphs of paragraph (1) as at the time this Act enters into force shall be deemed done under this Act. |
Article 11 (Transitional Measures concerning Registration of Manufacturing Business or Import Business of Elevator Parts)
Notwithstanding the amended provisions of Article 6, a person who engages in manufacturing business or import business of an elevator part as at the time this Act enters into force without registration of such manufacturing business or import business may engage in the manufacturing business or import business without registration thereof for six months from the this Act enters into force.
Article 12 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship or persons under limited guardianship under the amended provisions of subparagraph 1 of Article 7 and subparagraph 1 of Article 40 shall be deemed to include persons on whom the effect of the declaration of incompetency or quasi-incompetency is still in effect pursuant to Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429). Article 13 (Transitional Measures concerning Post Management of Manufacturing Business Operators and Import Business Operators)
Notwithstanding the amended provisions of Article 8 (1) 2, the scope of equipment or software to be provided with or without compensation for the post management of elevators sold or transferred before this Act enters into force, shall be governed by Article 10 (1) 2 of the previous Elevator Facilities Safety Management Act. Article 14 (Transitional Measures concerning Safety Certification of Parts)
| (1) | Each elevator part that falls under any of the following subparagraphs as at the time this Act enters into force shall be deemed an elevator part which has obtained safety certification of a part pursuant to the amended provisions of Article 11 (1): |
| 1. | An elevator part which has obtained safety certification under Article 5 (1) of the Electrical Appliances and Consumer Products Safety Control Act or on which a report (hereinafter referred to as "safety verification report") has been filed after confirming that it meets safety standards pursuant to Article 15 (1) of the same Act; |
| 2. | An elevator part which has obtained safety verification under Article 14 (1) of the Quality Control and Safety Management of Industrial Products Act or on which a report (hereinafter referred to as "report on safety self-assurance") has been filed after confirming that it meets safety standards pursuant to Article 19 (1) of the same Act. |
| (2) | Each elevator part that falls under any of the following subparagraphs as at the time this Act enters into force shall be deemed an elevator part exempted from safety certification of a part pursuant to the amended provisions of Article 12: |
| (3) | Each mark, etc. that falls under any of the following subparagraphs as at the time this Act enters into force shall be deemed a safety certification mark, etc. of a part placed pursuant to the amended provisions of Article 14 (1): |
Article 15 (Transitional Measures concerning Regular Inspection and Self-Inspection of Elevator Parts)
Article 16 (Transitional Measures concerning Inspection of and Exemption from Inspection of Elevators)
| (1) | Each elevator that has received a completion inspection pursuant to Article 13 (1) of the previous Elevator Facilities Safety Management Act as at the time this Act enters into force shall be deemed to have received an installation inspection pursuant to the amended provisions of Article 28 (1). |
| (2) | Each elevator, which has received a regular inspection or irregular inspection pursuant to Article 13 (1) 2 or 3 of the previous Elevator Facilities Safety Management Act as at the time this Act enters into force, shall be deemed to have received a regular inspection or irregular inspection pursuant to the amended provisions of Article 32 (1) 1 or 2. |
| (3) | Each elevator, which has received a close safety inspection pursuant to Article 13-2 (1) of the previous Elevator Facilities Safety Management Act as at the time this Act enters into force, shall be deemed to have received a safety inspection pursuant to the amended provisions of Article 32 (1) 3. |
| (4) | Each elevator exempted from an inspection pursuant to Article 13-4 of the previous Elevator Facilities Safety Management Act as at the time this Act enters into force shall be deemed to have been exempted from a safety inspection pursuant to the amended provisions of Article 33. |
Article 17 (Transitional Measures concerning Issuance and Posting of Certificates of Inspections)
A certificate of inspection issued pursuant to Article 14 of the previous Elevator Facilities Safety Management Act as at the time this Act enters into force shall be deemed a certificate of inspection issued pursuant to the amended provisions of Article 34 (1). Article 18 (Transitional Measures concerning Judgment Committee on Accident Investigation)
A judgment committee on accident investigation organized pursuant to Article 16-4 (5) of the previous Elevator Facilities Safety Management Act as at the time this Act enters into force shall be deemed an elevator accident investigation committee organized pursuant to the amended provisions of Article 49. Article 19 (Transitional Measures concerning Education of Technicians)
Where the technicians classified as follows have received education pursuant to Article 20 (1) of the previous Elevator Facilities Safety Management Act as at the time this Act enters into force, they shall be deemed to have received technical education or on-the-job education referred to in the relevant subparagraph: Article 20 (Transitional Measures concerning Business Entities with Excellent Maintenance Quality)
Business entities with excellent maintenance quality selected pursuant to Article 11-6 (1) of the previous Elevator Facilities Safety Management Act as at the time this Act enters into force shall be deemed excellent safety management business entities selected pursuant to the amended provisions of Article 66 (1). Article 21 (Transitional Measures concerning Administrative Dispositions)
| (2) | Where a manufacturer or importer has received any of the following dispositions pursuant to paragraph (1) due to a violation committed before this Act enters into force, he/she shall not be eligible to apply for the safety certification of an elevator safety part of the same model within one year from the date of such disposition: |
Article 22 (Transitional Measures concerning Penalties and Administrative Fines)
Article 23 Omitted.
Article 24 (Relationship to other Statutes)