Wholly Amended by Presidential Decree No. 25923, Dec. 30, 2014
Amended by Presidential Decree No. 28471, Dec. 12, 2017
Article 1 (Purpose) |
Article 2 (Definitions, etc. of Measuring Instruments) |
(1) | The term "machinery, instruments, or devices prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Measures Act (hereinafter referred to as the "Act") means machinery, instruments, or devices taking measurements by using the base unit, derived unit, or special unit specified in Article 4 of the Act. |
(2) | The term "products prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Act means products specified in attached Table 1. |
Article 3 (Special Unit) |
Article 4 (Registration of Business of Manufacturing Measuring Instruments, etc.) |
(1) | A person who intends to engage in business of manufacturing measuring instruments, business of repairing measuring instruments, or business of measurement and certification pursuant to Article 7 (1) of the Act shall submit a registration application prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, a |
1. | Specifications of self-owned facilities (excluding business of measurement and certification); |
2. | Specifications of inspection facilities and equipment (excluding business of measurement and certification); |
3. | Specifications of measuring instruments (limited to business of measurement and certification). |
(2) | Upon receipt of a registration application under paragraph (1), the Mayor/ |
1. | A certificate of corporate register transcript (limited to legal entities); |
2. | A business registration certificate. |
(3) | "Registration criteria prescribed by Presidential Decree for self-owned facilities, inspection facilities and equipment, etc. necessary for manufacture, repair, and certification of measuring instruments" in Article 7 (2) of the Act means the criteria specified in attached Table 3. |
(4) | Where a person who intends to engage in business of manufacturing measuring instruments, business of repairing measuring instruments, or business of measurement and certification has the self-owned facilities and inspection facilities and equipment under paragraph (3), the Mayor/ |
(5) | The scope of business of repairing measuring instruments under Article 7 (3) of the Act shall be specified in attached Table 4. |
Article 5 (Self-Repair of Measuring Instruments) |
(1) | "Designation criteria prescribed by Presidential Decree for self-owned facilities, inspection facilities and equipment, etc. necessary to repair measuring instruments" in Article 8 (2) of the Act means the criteria specified in attached Table 3. |
(2) | The scope of self-repair business under Article 8 (3) of the Act shall be specified in attached Table 4. |
Article 6 (Reporting on Import Business) |
1. | Types of measuring instruments to be imported; |
2. | The name or title, and address of an importer; |
3. | The name of a country which has manufactured measuring instruments to be imported and the name and address of a manufacturer of such measuring instruments. |
Article 7 (Management of Register) |
(1) | Upon receipt of a registration application, a request for designation, or a report under Articles 7 through 9 of the Act, the Mayor/ |
(2) | The register of measuring instrument business operators under paragraph (1) shall be prepared and managed by electronic means, except in extenuating circumstances, where it is impracticable to process the register electronically. |
Article 8 (Matters to be Observed by Manufacturers, etc.) |
(1) | "Misconduct prescribed by Presidential Decree in relation to relevant business, such as exchanging money or goods" in Article 11 (1) of the Act means any of the following acts: |
1. | Falsely calibrating a measuring instrument, falsifying the measured value, or helping to do so; |
2. | Exchanging money or goods with testing or verification agents in relation to type approval or verification; |
3. | Exchanging money or goods in relation to measurement and certification. |
(2) | "A period specified by Presidential Decree" in the main body of Article 11 (3) of the Act means the period specified in attached Table 5. |
Article 9 (Criteria for Administrative Disposition for Manufacturers, etc.) |
Article 10 (Measuring Instruments subject to Type Approval) |
Article 11 (Criteria for Type Approval) |
(1) | Criteria for type approval under Article 14 (2) of the Act (hereinafter referred to as "criteria for type approval") shall include matters on: |
1. | Structure and performance; |
2. | Contents, method, etc. of labeling; |
3. | Verification method and procedure; |
4. | Maximum tolerances. |
(2) | Details of the criteria for type approval shall be determined and publicly announced by the Minister of Trade, Industry and Energy. |
(3) | Procedures for enacting and amending the criteria for type approval shall be determined by Ordinance of Ministry of Trade, Industry and Energy. |
Article 12 (Composition and Operation of Specialized Technical Committee) |
(1) | In order to deliberate on matters relating to the criteria for type approval, etc. under Article 11, the Minister of Trade, Industry and Energy shall compose and operate a Specialized Technical Committee (hereinafter referred to as the "Committee"). |
(2) | The Committee shall be comprised of not more than ten committee members, including one chairperson. |
(3) | The Committee shall deliberate on the following: |
1. | Criteria for type approval; |
2. | Matters on type approval which are referred by the Minister of Trade, Industry and Energy to the Committee for deliberation. |
(4) | The chairperson shall be elected by vote, from among members of the Committee. |
(5) | Members of the Committee shall be commissioned by the Minister of Trade, Industry and Energy, from among persons who have substantial expertise in the measurement industry. |
(6) | Members of the Committee shall serve a one-year term, and may be recommissioned. |
(7) | The Committee shall convene with the attendance of a majority of all incumbent members, and resolutions shall be adopted with the consent of a majority of the members present. |
(8) | Except as provided for in paragraphs (1) through (7), matters necessary for the composition and operation of the Committee shall be determined and publicly announced by the Minister of Trade, Industry and Energy. |
Article 13 (Criteria for Designation of Type Approval Bodies) |
1. | The person shall have an organization exclusively in charge of type approval business; |
2. | The person shall secure at least three testing personnel specified in any subparagraph of attached Table 8; |
3. | The person shall have testing facilities and equipment specified in attached Table 9. |
Article 14 (Matters to be Observed by Type Approval Bodies) |
(1) | "Misconduct prescribed by Presidential Decree, such as exchanging money or goods in relation to type approval" in Article 17 (1) 2 of the Act means either of the following: |
1. | Exchanging money or goods in relation to type approval; |
2. | Falsifying any result of type approval. |
(2) | "A period specified by Presidential Decree" in the main body of Article 17 (2) of the Act means the period specified in attached Table 10. |
Article 15 (Criteria for Administrative Disposition for Type Approval Bodies) |
Article 16 (Criteria, etc. for Revocation of Type Approval) |
(1) | Detailed criteria for revocation of type approval under Article 19 (1) of the Act shall be specified in attached Table 12. |
(2) | Where the head of a type approval body revokes type approval pursuant to Article 19 of the Act, he/she shall notify such fact to a person in receipt of a disposition of revocation in a written or electronic document, clearly stating the reason therefor. |
Article 17 (Alteration of Type Approval) |
(1) | "Matters prescribed by Presidential Decree, such as structural changes that affect the precision of measuring instruments" in Article 21 (1) of the Act means the following: |
1. | Alteration of the design or structure that affects the precision of a measuring instrument; |
2. | Alteration of components that affects the precision of a measuring instrument; |
3. | Alteration of the seal structure of a measuring instrument. |
(2) | Details of alteration of type approval under paragraph (1) for each measuring instrument shall be determined and publicly announced by the Minister of Trade, Industry and Energy. |
Article 18 (Criteria for Significant Defects) |
1. | A defect that affects the tolerances of a measuring instrument due to problems arising from the manufacturing process, such as design and assembly; |
2. | A defect that affects the tolerances of a measuring instrument due to violation of any of the criteria for type approval; |
3. | A defect that causes or is likely to cause either of the following hazards to consumers due to lack of safety usually expectable in relation to the manufacturing, distribution, or use of measuring instruments: |
(a) | Death; |
(b) | A physical injury or disease that requires treatment of at least four weeks at a medical institution defined in Article 3 of the Medical Service Act, such as fracture, suffocation, burn, and electric shock; |
4. | A defect that causes or is likely to cause a fire. |
Article 19 (Collection of Expenses Incurred in Collecting Measuring Instruments, etc.) |
Article 20 (Criteria for Verification or Re-Verification) |
(1) | Criteria for verification or re-verification under Article 23 (2), 24 (2), or 25 (2) of the Act shall include matters on: |
1. | Inspection subject matter of verification or re-verification; |
2. | Method and procedure for verification or re-verification; |
3. | Maximum tolerances. |
(2) | Details of the criteria for verification or re-verification under paragraph (1) shall be determined and publicly announced by the Minister of Trade, Industry and Energy. |
Article 21 (Period of Validity of Verification or Re-Verification) |
Article 22 (Measuring Instruments, Persons, etc. subject to Re-Verification) |
1. | A measuring instrument designed to determine the value of electricity or heat (limited to measuring instruments managed by a business operator in accordance with a contract with consumers): An operator of electric sales business defined in subparagraph 10 of Article 2 of the Electric Utility Act or a business entity defined in subparagraph 3 of Article 2 of the Integrated Energy Supply Act; |
2. | A measuring instrument designed to determine a value, other than the value of electricity or heat: A person who performs business activities using the relevant measuring instrument for transactions or certification. |
Article 23 (Requirements for Local Governments Conducting Re-Verification) |
1. | Having at least one verification agent falling under the subparagraphs of attached Table 8; |
2. | Having the verification facilities and equipment specified in attached Table 9. |
Article 24 (Criteria for Designation of Verification Bodies, etc.) |
1. | Having at least one verification agent falling under the subparagraphs of attached Table 8; |
2. | Having the verification facilities and equipment specified in attached Table 9. |
Article 25 (Matters to be Observed by Verification Bodies, etc.) |
(1) | "Misconduct prescribed by Presidential Decree, such as exchanging money or goods in relation to verification business" in Article 27 (1) 2 of the Act means the following: |
1. | Exchanging money or goods in relation to verification business; |
2. | Falsifying any result of verification. |
(2) | "A period specified by Presidential Decree" in the main body of Article 27 (2) of the Act means the period specified in attached Table 14. |
Article 26 (Criteria for Administrative Disposition for Verification Bodies, etc.) |
Article 27 (Measuring Instruments subject to Regular Inspections) |
1. | A platform scale; |
2. | A pan balance or a platform dial scale; |
3. | An electric balance. |
Article 28 (Criteria for Regular Inspections) |
(1) | The criteria for regular inspections under Article 30 (2) of the Act shall include matters on: |
1. | Method and procedure for regular inspections; |
2. | Usage errors. |
(2) | Details of the criteria for regular inspections under paragraph (1) shall be determined and publicly announced by the Minister of Trade, Industry and Energy. |
Article 29 (Criteria for Designation of Dealers Capable of Conducting Regular Self-Inspection) |
1. | At least one inspector falling under either of the following items shall be secured: |
(a) | A person qualified as a precision measurement technician or higher-level technician under the National Technical Qualifications Act; |
(b) | A person who has received education on precision measurement in the mass sector publicly announced by the Minister of Trade, Industry and Energy pursuant to Article 12 (3) of the Enforcement Decree of the Framework Act on National Standards; |
2. | Weight sets equivalent to at least a half of the maximum capacity of a non-automatic weighing instrument subject to inspection shall be secured: |
3. | Regulations on inspection business shall be established. |
Article 30 (Criteria for Administrative Disposition for Dealers Capable of Conducting Regular Self-Inspection) |
Article 31 (Exceptions to Restrictions on Transfer, etc.) |
1. | A line-shaped weight with a mass not exceeding 1,000 milligrams; |
2. | A plate-shaped weight with a mass not exceeding 1,000 milligrams. |
Article 32 (Usage Errors) |
Article 33 (Measuring Devices, etc. subject to Calibration) |
Article 34 (Criteria for Calibration and Recalibration) |
(1) | Criteria for calibration and recalibration under Article 39 (3) of the Act shall include matters on: |
1. | Methods and procedures for calibration and recalibration; |
2. | Types and performance of calibration equipment. |
(2) | Details of the criteria for calibration and recalibration under paragraph (1) shall be determined and publicly announced by the Minister of Trade, Industry and Energy. |
Article 35 (Measuring Devices for Autonomous Calibration, etc.) |
Article 36 (Tolerances of Prepackaged Products) |
Article 37 (Labeling of Prepackaged Products and Criteria for Inspection) |
(1) | Labeling of prepackaged products under Article 41 (2) of the Act shall be as specified in attached Table 21. |
(2) | Criteria for inspecting prepackaged products under Article 41 (2) of the Act shall include matters on: |
1. | Inspection facilities and equipment: |
2. | The method and procedure for inspection; |
3. | Sampling; |
4. | The calculation method of, and decision on, errors; |
5. | The preparation of an inspection report. |
(3) | Details of the criteria for inspecting prepackaged products under paragraph (2) shall be determined and publicly announced by the Minister of Trade, Industry and Energy. |
Article 38 (Criteria for Designation of Conformity Assessment Bodies) |
1. | A conformity assessment body shall be a legal entity which carries out matters on measurement as its business; |
2. | A conformity assessment body shall secure at least one conformity assessment personnel specified in any subparagraph of attached Table 22; |
3. | A conformity assessment body shall have inspection facilities and equipment specified in attached Table 23; |
4. | A conformity assessment body shall establish regulations on fees and expenditures for conformity assessment. |
Article 39 (Matters to be Observed by Conformity Assessment Bodies) |
(1) | "Misconduct prescribed by Presidential Decree, such as exchanging money or goods in relation to conformity assessment" in Article 45 (1) 2 of the Act means the following: |
1. | Exchanging money or goods in relation to conformity assessment; |
2. | Falsifying any result of conformity assessment. |
(2) | "A period specified by Presidential Decree" in the main body of Article 45 (2) of the Act means the period specified in attached Table 24. |
Article 40 (Criteria for Administrative Disposition for Conformity Assessment Bodies) |
Article 41 (Matters to be Reported) |
Article 42 (Details and Method of Publication of Violation Facts) |
(1) | "Details prescribed by Presidential Decree, such as facts relating to violations" in Article 51 (1) of the Act means matters classified as follows: |
1. | Where Article 51 (1) 1 of the Act is violated: The following matters; |
(a) | A measuring instrument from which a defect has been found and the details of such defect; |
(b) | The name, title, and address of the manufacturer, repairer, or importer of a measuring instrument from which a defect has been found; |
(c) | The method and period of collecting a measuring instrument from which a defect has been found; |
2. | Where Article 51 (1) 2 of the Act is violated: The following matters; |
(a) | The name of a person or the name and address of a company that has altered measuring instruments or has used altered measuring instruments; |
(b) | Measuring instruments altered and the details of such alteration. |
(2) | Violation facts under Article 51 of the Act shall be publicized by publishing them through the comprehensive measurement management system under Article 61 (1) of the Act and on the Internet homepage of the Ministry of Trade, Industry and Energy, or may be publicized in the Official Gazette, through a newspaper under the Act on the Promotion of Newspapers, etc., or broadcasting, etc. under the Broadcasting Act in order to make the public readily aware such facts. |
(3) | The period of publication under paragraph (2) shall be as follows: |
1. | Where Article 51 (1) 1 of the Act is violated: From the date five days have elapsed from the period determined when a corrective order was issued for a significant defect pursuant to Article 22 (2) of the Act to the date the corrective order is executed; |
2. | Where Article 51 (1) 2 of the Act is violated: One month from the date a penality surcharge is imposed pursuant to Article 55 (2) of the Act. |
(4) | The Minister of Trade, Industry and Energy shall have a person subject to publication submit explanatory materials or give such person an opportunity to state his/her opinions before he/she makes public a violation fact pursuant to Article 51 (1) of the Act. |
Article 43 (Duties of Consumer Monitors) |
Article 44 (Grounds for Dismissal of Consumer Monitors) |
1. | Where he/she becomes incapable of performing his/her duties due to mental or physical incompetence, etc.; |
2. | Where he/she receives money or goods in relation to the performance of his/her duties; |
3. | Where he/she makes a false report on the results of the performance of his/her duties; |
4. | Where he/she fails to undergo eduction referred to in Article 54 (4) of the Act. |
Article 45 (Imposition of Penalty Surcharges) |
(1) | The amount of a penalty surcharge according to the type, degree, etc. of a violation under Article 55 (1) or (2) of the Act shall be specified in attached Table 27. |
(2) | The Minister of Trade, Industry and Energy may increase or decrease the amount of a penalty surcharge by up to a half of the amount specified in paragraph (1), taking into account the motive for, details, degree, frequency of, etc. a violation: |
(3) | Procedures for imposing and collecting penalty surcharges under paragraph (1) and (2) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
Article 46 (Implementation of Pilot Projects) |
(1) | Where the Minister of Trade, Industry and Energy intends to implement a pilot project pursuant to Article 58 (1) of the Act, he/she shall formulate a plan for the pilot project containing the following: |
1. | Matters on the objectives, strategy, and implementation system of the pilot project; |
2. | Matters on measurement technologies to be applied to the pilot project; |
3. | Matters on the raising of financial resources necessary to implement the pilot project. |
(2) | In order to implement pilot projects under Article 58 (1) of the Act, the Minister of Trade, Industry and Energy may designate a business operator for a relevant pilot project. |
(3) | The business operator of a pilot project shall meet all of the following criteria: |
1. | He/she shall be suitable for accomplishing the objectives of the pilot project; |
2. | Plans for financing the pilot project shall be appropriate and practicable; |
3. | The pilot project shall be smoothly implementable. |
(4) | A person who intends to be designated as a business operator of a pilot project shall submit to the Minister of Trade, Industry and Energy, a business plan containing the objectives, details, and necessity of such project as well as a scheme of securing relevant budgets. |
Article 47 (Organizations Supporting International Cooperation Activities) |
1. | A foreign government; |
2. | An international organization relating to measurement; |
3. | A type approval body under Article 16 of the Act, a verification body under Article 26 of the Act, and a conformity assessment body under Article 44 of the Act; |
4. | The Korea Association of Standards and Testing Organizations under Article 65 of the Act; |
5. | Other bodies deemed necessary by the Minister of Trade, Industry and Energy for international cooperation activities. |
Article 48 (Establishment, etc. of Korea Association of Standards and Testing Organizations) |
(1) | Matters to be stated in the articles of association of the Korea Association of Standards and Testing Organizations under Article 65 of the Act (hereinafter referred to as the "Association") shall be as follows: |
1. | Objectives; |
2. | Name; |
3. | Addresses of the main office and branch offices; |
4. | Matters on its executives and employees; |
5. | Matters on its business affairs and the performance thereof; |
6. | Matters on membership and rights and duties of its members; |
7. | Matters on raising and management of funds; |
8. | Matters on property and accounting; |
9. | Matters on the general meeting and the board of directors; |
10. | Matters on public announcement; |
11. | Matters on amendment to the articles of association. |
(2) | The Minister of Trade, Industry and Energy may supervise the Association in relation to projects prescribed in Article 65 (2) of the Act. |
Article 49 (Delegation of Authority) |
(1) | The Minister of Trade, Industry and Energy shall delegate the following authority to the Administrator of the Korean Agency for Technology and Standards pursuant to Article 68 (1) of the Act: |
1. | Control of the use of nonlegal units and issuance of orders to label legal units under Article 6 (4) of the Act; |
2. | Designation of type approval bodies under Article 16 (1) of the Act; |
3. | Cancellation of the designation of type approval bodies and issuance of orders to suspend business under Article 18 (1) of the Act; |
4. | Issuance of orders for collection, etc. under Article 22 (2) of the Act; |
5. | Designation of verification bodies under Article 26 (1) of the Act; |
6. | Designation of self-verification manufacturers under Article 26 (3) of the Act; |
7. | Cancellation of the designation of verification bodies or self-verification manufacturers and issuance of orders to suspend business thereof under Article 28 (1) of the Act; |
8. | Issuance of orders to label prepackaged products or requests for correction of labeling under Article 42 (1) of the Act; |
9. | Designation of conformity assessment bodies under Article 44 (1) of the Act; |
10. | Cancellation of the designation of conformity assessment bodies and issuance of orders to suspend business under Article 46 (1) of the Act. |
(2) | Each Mayor/ |
1. | Control of the use of nonlegal units and issuance of orders to label legal units under Article 6 (4) of the Act; |
2. | Handling of registration of businesses manufacturing measuring instruments, etc. under Article 7 (1) of the Act and reports on changes under Article 7 (4) of the Act; |
3. | Handling of designation of self-repairing dealers under Article 8 (1) of the Act and reports on changes under Article 8 (4) of the Act; |
4. | Handling of reports on import business under Article 9 (1) of the Act and reports on changes under Article 9 (2) of the Act; |
5. | Acceptance of reports on discontinuance of business, etc. under Article 12 (1) of the Act; |
6. | Cancellation of registration or designation, and suspension of business under Article 13 (1) of the Act; |
7. | Regular inspections under Article 30 (1) of the Act; |
8. | Occasional inspections under Article 31 of the Act; |
9. | Designation of dealers capable of conducting regular self-inspections under Article 32 (1) of the Act; |
10. | Cancellation of designation of dealers capable of conducting regular self-inspections under Article 33 (1) of the Act; |
11. | Issuance of orders to label prepackaged products or requests for correction of labeling under Article 42 (1) of the Act; |
12. | Investigation under Article 50 (1) of the Act; |
13. | Issuance of orders to improve labeling of measuring instruments under the proviso to the main body of Article 52 (1) of the Act. |
Article 50 (Entrustment of Business Affairs) |
(1) | The Minister of Trade, Industry and Energy and a Mayor/ |
(2) | The Minister of Trade, Industry and Energy may entrust the comprehensive management of measurement information under Article 61 of the Act to the following bodies or organizations: |
1. | A type approval body designated under Article 16 (1) of the Act; |
2. | A verification body designated under Article 26 (1) of the Act; |
3. | The Korea Association of Standards and Testing Organizations established under Article 65 of the Act. |
Article 51 (Management of Sensitive and Personally Identifiable Information) |
(1) | The Minister of Trade, Industry and Energy or a Mayor/ |
1. | Business affairs relating to registration, designation, or reporting of manufacturers, etc. under Article 7, 8, or 9 of the Act; |
2. | Business affairs relating to confirmation of grounds for disqualification for registration, etc. of manufacturing business under Article 10 of the Act; |
3. | Business affairs relating to confirmation of grounds for dismissal of consumer monitors under Article 44. |
(2) | A public official performing investigation affairs under Article 50 of the Act may handle materials containing a resident registration number, etc. if it is inevitable to handle the materials to perform such affairs. |
Article 52 (Re-examination of Regulations) |
1. | through 9. Deleted; |
10. | The period of validity of verification and re-verification of measuring instruments specified in Article 21 and attached Table 13: January 1, 2015; |
11. | through 19. Deleted; |
20. | The details and method of publication of violation facts specified in Article 42: January 1, 2015; |
21. | and 22. Deleted; |
Article 53 (Imposition of Fines for Negligence) |
(1) | Notwithstanding the amended provisions of attached Tables 7 and 17, type approval and the scope of usage errors for movable weigh-in-motion systems shall comply with former attached Tables 7 and 9 until December 31, 2015. |
(2) | Notwithstanding the amended provisions of attached Tables 7, 13, and 17, type approval, the validity period of verification, and the scope of usage errors for grain moisture testers shall comply with former Tables 7, 9, and 13 until December 31, 2015. |
(1) | In applying an administrative fine to an offense committed before this Decree enters into force, former attached Table 17 shall prevail, notwithstanding the amended provisions of attached Table 28. |
(2) | The disposition of imposing an administrative fine on an offense committed before this Decree enters into force shall not be included in the calculation of the frequency of the offense under the amended provisions of attached Table 28. |