FRAMEWORK ACT ON NATIONAL STANDARDS
Act No. 5930, Feb. 8, 1999
Amended by Act No. 6193, Jan. 21, 2000
Act No. 6262, Feb. 3, 2000
Act No. 6315, Dec. 29, 2000
Act No. 7219, Sep. 23, 2004
Act No. 8852, Feb. 29, 2008
Act No. 9590, Apr. 1, 2009
Act No. 10227, Apr. 5, 2010
Act No. 10615, Apr. 28, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12925, Dec. 30, 2014
Act No. 13731, Jan. 6, 2016
Act No. 13747, Jan. 6, 2016
Act No. 13847, Jan. 27, 2016
Act No. 14662, Mar. 21, 2017
Act No. 15176, Dec. 12, 2017
Act No. 15643, jun. 12, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to facilitating the innovation of science and technology, upgrading the industrial structure, and developing information society, thereby enhancing national competitiveness and improving the welfare of citizens by providing for fundamental matters for the establishment of the national standards system.
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 2 (Scope of Application) |
This Act shall govern economic and social activities in all areas, to which national standards based on science and technology shall apply mutatis mutandis.
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 12925, Dec. 30, 2014; Act No. 15643, Jun. 12, 2018>
| 1. | The term "national standards" means all standards provided for in this Act, such as measurement standards, reference standards, codified standards, and technical regulations nationally approved as scientific and technical public standards in order to enhance accuracy, rationality, and internationality in every area of the nation's communities; |
| 2. | The term "international standards" means internationally approved standards, which are established to facilitate the exchange of materials and services between nations and enhance international cooperation in the fields of intellectual, scientific, technical, and economic activities; |
| 3. | The term "measurement standards" means a physical scale, measuring instrument, reference material, measuring method and measurement system used as the standards for defining, expressing, preserving and practically realizing a unit of measurement of a quantity in the shape of an object or the value of a specific quantity in the industrial, scientific and technical fields; |
| 4. | The term "national measurement standards" means nationally approved measurement standards, which are standards for giving a certain value to different standards of a related quantity; |
| 5. | The term "international measurement standards" means internationally approved measurement standards, which are standards for giving a certain value to different standards of a related quantity; |
| 6. | The term "reference standards" means physical and chemical constants, the value of physical properties, scientific and technical statistics, etc. prepared to be widely, continuously, or repeatedly used in every area of the nation's communities, which have been officially approved through scientific analysis and evaluation of the accuracy and reliability of measured data and information; |
| 7. | The term "codified standards" means written scientific and technical criteria, specifications, and guidelines, voluntarily applicable to enhance overall comprehensibility, efficiency, economical feasibility, etc. in every area of the nation's communities; |
| 8. | The term "technical regulations" means standards compulsorily applicable to products, services, and processes (hereinafter referred to as "products, etc.") in order to ensure the protection of health and safety of human bodies, environmental conservation, the prevention of consumer fraud, etc. ; |
| 9. | The term "measurement" means a series of works conducted to determine the value of a certain quantity in every area of the industrial society; |
| 10. | The term "unit of measurement" or "unit" means a specific quantity used as a standard for indicating the magnitude thereof in comparison with any other quantity of the same kind; |
| 11. | The term "International System of Units" means a coherent system of units of measurement adopted at and recommended to apply mutatis mutandis by the General Conference on Weights and Measures; |
| 12. | The term "weighing and measuring" means a series of works conducted to determine the value of a certain quantity to be used for trade transactions or certification; |
| 13. | The term "legal weights and measures" means the weights and measures prescribed by the Government for trade transactions and certification pursuant to statutes to ensure the accuracy and fairness thereof; |
| 14. | The term "legal units of weights and measures" means the units prescribed by the Government for trade transactions and certification pursuant to statutes to ensure the accuracy and fairness thereof; |
| 15. | The term "reference material" means a material or substance with the sufficiently homogeneous and stable feature value used to calibrate devices, evaluate methods of measurement, or give a value of the physical properties to a material or substance; |
| 16. | The term "calibration" means a series of works which fixes the value determined by a measuring instrument, reference material, scale, measuring system, etc. under specified conditions as a relation between the values determined in accordance with the standard; |
| 17. | The term "traceability" means a system for continuously comparing and calibrating the results measured at the scene of research and development, industrial production, testing and inspection, etc. to make them conform to national measurement standards or international measurement standards within the specified range of uncertainty; |
| 18. | The term "accreditation of a laboratory" means an administrative service that an accrediting agency with official authority evaluates a laboratory capable of performing specified testing or inspections and guarantees the capability thereof; |
| 19. | The term "conformity assessment" means calibration, certification, testing, inspection, etc. conducted to determine whether products, etc. meet the requirements of national standards, international standards, etc.; |
| 20. | The term "mode of examination for certifying standards" means the mode of examination systematized and formulated by classifying elements of the evaluation of designs, testing and inspection, and examination of factories into the certification phase and the follow-up management phase; |
| 21. | The term "integrated national certification mark" means a certification mark that has unified certification marks for each field, such as safety, health, environment, quality, on a national level; |
| 22. | The term "technical barriers to trade" means the following obstacles to international trade: |
| (a) | Codified standards and technical regulations, including requirements for packaging, labelling, and trademarking; |
| (b) | Procedures for the conformity assessment of those specified in item (a). |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 4 (Responsibilities and Duties of the State) |
| (1) | The Government shall promote the development and utilization of national standards to establish the national standards system, formulate various policies for building the foundation therefor, and shall take legislative, financial and other necessary administrative measures following such policies. <Amended by Act No. 12925, Dec. 30, 2014> |
| (2) | Each local government shall endeavor to enact and enforce local laws and regulations, including municipal ordinances, in compliance with national standards. <Newly Inserted by Act No. 12925, Dec. 30, 2014> |
| (3) | Each university, research institute, enterprise and public institution shall proactively participate in the development of national standards, and shall make every effort to ensure that the result thereof may be utilized in a useful manner. <Newly Inserted by Act No. 12925, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 4-2 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, this Act shall apply to national standards.
[This Article Newly Inserted by Act No. 12925, Dec. 30, 2014]
CHAPTER II ESTABLISHMENT OF NATIONAL STANDARDS SYSTEM
| Article 5 (Deliberative Committee on National Standards) |
| (1) | The Government shall establish a Deliberative Committee on National Standards (hereinafter referred to as the "Deliberative Committee") under the jurisdiction of the Minister of Trade, Industry and Energy to deliberate on the master plan for national standards under Article 7 and important matters concerning the efficient business coordination between government agencies related to national standards. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Deliberative Committee shall deliberate on the following matters: <Amended by Act No. 15643, Jun. 12, 2018> |
| 1. | Formulating a master plan for the establishment, maintenance, and development of the national standards system and comprehensively coordinating policies on national standards; |
| 2. | Comprehensibly coordinating matters concerning cooperation with organizations related to international standards and agencies related to standards of foreign countries; |
| 3. | Coordinating research, development, and diffusion of technologies related to standards; |
| 4. | Implementing projects for the establishment of a conformity assessment system; |
| 5. | Deliberating on, and adjusting, systems and regulations pertaining to measurement standards, reference standards, and codified standards; |
| 6. | Implementing projects for the alignment of national standards with international standards and the unification of national standards; |
| 6-2. | Ensuring consistency of technical regulations with examination standards and codified standards for conformity assessment; |
| 6-3. | Eliminating the duplication of conformity assessment, including calibration, certification, testing, and inspection; |
| 6-4. | Adjusting policies for responding to technical barriers to trade; |
| 7. | Other matters specified by Presidential Decree as important for the establishment and maintenance of the national standards system. |
| (3) | The Deliberative Committee shall be composed of not more than 25 members, including one chairperson. <Amended by Act No. 12925, Dec. 30, 2014> |
| (4) | The Minister of Trade, Industry and Energy shall take the chair of the Deliberative Committee, and the following persons shall be the members of the Deliberative Committee: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Public officials in the rank of the Vice Minister of the Office for Government Policy Coordination; |
| 2. | Vice Ministers, and public officials in the rank of the Vice Minister, of related central administrative agencies; |
| 3. | The head of the representative institute of national measurement standards under Article 13 (1); |
| 4. | Persons commissioned by the Minister of Trade, Industry and Energy (hereinafter referred to as "commissioned committee members") from among those who have considerable knowledge and experience in standard science and technology and conformity assessment. |
| (5) | The Deliberative Committee shall have one secretary, appointed by the Minister of Trade, Industry and Energy from among public officials of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | The term of office for commissioned committee members shall be three years. |
| (7) | The Deliberative Committee shall have a working committee, which shall conduct expert research, preliminary reviews of, and coordination of items on the agenda to be brought to meetings for deliberation, and affairs delegated by the Deliberative Committee. |
| (8) | The Deliberative Committee shall hold its meeting with an attendance of a majority of the incumbent members and pass a resolution with the consent of at least two-thirds of the members present at the meeting. <Newly Inserted by Act No. 12925, Dec. 30, 2014> |
| (9) | Matters necessary for the operation of the Deliberative Committee, and the composition, operation, etc. of the working committee shall be prescribed by Presidential Decree. <Amended by Act No. 12925, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 6 (Active Pursuit of Resolutions of Deliberative Committee) |
Heads of related central administrative agencies and local governments shall reflect the matters deliberated and resolved upon by the Deliberative Committee, in their policies and business plans pertaining to national standards to actively pursue them and shall report their detailed action plans and results thereof to the Deliberative Committee.
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 7 (Formulation of Master Plans for National Standards) |
| (1) | The Government shall formulate a master plan for national standards (hereinafter referred to as "master plan") for every five years in order to establish the national standards system. |
| (2) | The Minister of Trade, Industry and Energy shall formulate a master plan by consolidating plans of each related central administrative agency, and finalize the master plan following deliberation by the Deliberative Committee. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A master plan shall include the following matters: <Amended by Act No. 15643, Jun. 12, 2018> |
| 1. | Matters concerning the establishment, maintenance, and management of the national standards system; |
| 2. | Matters concerning the establishment and maintenance of measurement standards by the representative institute of national measurement standards under Article 13 (1); |
| 3. | Matters concerning the maintenance, improvement, and mutual consistency of codified standards operated by each central administrative agency; |
| 4. | Matters concerning research on, and development of, standards-related technologies; |
| 5. | Matters concerning mutual recognition agreements between states and cooperation with organizations related to international standards; |
| 6. | Matters concerning educational and training programs for developing professional human resources for standards-related agencies; |
| 7. | Matters concerning the procurement and management of financial resources for work conducted by each central administrative agency for standardization; |
| 7-2. | Matters concerning the promotion of standardization of technology developed through national research and development projects; |
| 7-3. | Matters concerning the consistency of technical regulations and examination standards for conformity assessment with codified standards; |
| 7-4. | Matters concerning policies for responding to technical barriers to trade; |
| 8. | Other matters concerning national standards. |
| (4) | Matters necessary for the procedures for formulating master plans shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 8 (Formulation of Implementation Plans for National Standards) |
| (1) | The head of each related central administrative agency shall formulate and implement an implementation plan for national standards (hereinafter referred to as "implementation plan") each year in compliance with a master plan. |
| (2) | The head of each related central administrative agency shall submit results of an implementation plan for the preceding year and an implementation plan for the following year to the Deliberative Committee for deliberation. |
| (3) | The head of each related central administrative agency shall give priority to securing financial resources necessary to execute the implementation plan finalized through deliberation of the Deliberative Committee. |
| (4) | Matters necessary for the formulation and execution of implementation plans shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
CHAPTER III ESTABLISHMENT OF NATIONAL STANDARDS SYSTEM
| Article 9 (Classification of Units of Measurement) |
Units of measurement are classified into base units and derived units in accordance with the International System of Units.
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| (1) | Base units under Article 9 are as follows: |
| 1. | Meter as a unit of length measurement; |
| 2. | Kilogram as a unit of mass measurement; |
| 3. | Second as a unit of time measurement; |
| 4. | Ampere as a unit of electric current measurement; |
| 5. | Kelvin as a unit of thermodynamic temperature measurement; |
| 6. | Mole as a unit of measurement of the amount of substance; |
| 7. | Candela as a unit of luminous intensity measurement. |
| (2) | The method of defining and implementing base units under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 12925, Dec. 30, 2014; Act No. 15643, Jun. 12, 2018> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 11 (Derived Units) |
A derived unit under Article 9 is a unit formed by a combination of base units or by a combination of a base unit and another derived unit, and such units and definitions of the units shall be prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 12 (Measurement Units outside International System of Units) |
| (1) | Units outside the International System of Units shall be prescribed by other statutes, as necessary, subject to approval of the Deliberative Committee. |
| (2) | No other unit, other than those under Articles 10, 11, 12 (1), shall be used as a legal unit of weight and measure. |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 13 (Representative Institute of National Measurement Standards) |
| (1) | The Korea Research Institute of Standards and Science, established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, (hereinafter referred to as the "Institute of Standards") shall serve as the representative institute of national measurement standards. |
| (2) | The Institute of Standards shall undertake the following activities: <Amended by Act No. 15643, Jun. 12, 2018> |
| 1. | Implementation of base units; |
| 2. | Diffusion of national measurement standards; |
| 3. | Research on, and development and diffusion of, measurement standards and measurement science and technology; |
| 4. | Participation in international activities for comparing measurement standards; |
| 5. | Exchange and cooperation with foreign institutions and international organizations related to measurement standards; |
| 6. | Other activities commissioned by the Government with respect to national measurement standards. |
| (3) | The Institute of Standards may establish an advisory committee for national measurement standards, which shall be comprised of heads of agencies related to standards and experts in science of standards, in order to assist the Deliberative Committee in operating its business. |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 14 (Establishment of National Calibration System) |
| (1) | The Government shall establish a national calibration system to increase the traceability of measuring instruments that are used for national measurement standards and in every area of the nation's communities. |
| (2) | The Government shall endeavor to diffuse science and technology for periodic calibration and advanced measurement to all sites of measurement, including small and medium enterprises, through a nationwide calibration network. |
| (3) | The Minister of Trade, Industry and Energy may designate and operate an institute exclusively dedicated to nationwide calibration in order to establish the calibration system under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Matters necessary for the designation and operation of an institute exclusively dedicated to nationwide calibration under paragraph (3) and other relevant matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 15 (Certification and Diffusion of Reference Materials) |
| (1) | The Government shall encourage and certify the development and production of reference materials required for the calibration of measuring instruments, precision measurement, and evaluation of physical properties, and shall diffuse them to industries, scientific, technical, and academic circles, etc. |
| (2) | Matters necessary for the certification and diffusion of reference materials shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 16 (Enactment and Diffusion of Reference Standards) |
| (1) | The Government shall enact and evaluate reference standards required for industrial science and technology as well as the information community, and shall diffuse them systematically to scientific and technical circles, industries, related institutes, etc. |
| (2) | The Minister of Trade, Industry and Energy may conduct the following business for enacting and diffusing the reference standards: <Amended by Act No. 15176, Dec. 12, 2017> |
| 1. | Establishing the system for collecting, analyzing, and evaluating measured data; |
| 2. | Establishing the procedures for enacting reference standards and conducting follow-up management; |
| 3. | Establishing the system for accumulating and diffusing reference standards and measured data; |
| 4. | Maintaining a traceability system with measurement standards. |
| (3) | Except as otherwise provided in paragraphs (1) and (2), matters necessary for the enactment and diffusion of reference standards shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15176, Dec. 12, 2017> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 17 (Legal Weight and Measure) |
| (1) | The Government shall establish a system of legal weights and measures to build up the fair trade system and enhance the national economy and shall ensure that the system develops in harmony with international standards and norms. |
| (2) | Matters necessary for legal weight and measure shall be governed by the provisions of the Measures Act. |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 18 (Establishment and Diffusion of Codified Standards) |
| (1) | The Government shall establish and diffuse codified standards so as to raise industrial competitiveness by improving, simplifying, and refining the quality, productive efficiency, and production technology of products, etc. and by promoting the rationalization of consumption. <Amended by Act No. 15643, Jun. 12, 2018> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 19 (Pursuit of Projects for Establishment of National Measurement Standards) |
| (1) | The head of each related central administrative agency shall establish a system for the measurement standards under his/her control, and shall pursue projects for the establishment of national measurement standards to maintain and develop the system. |
| (2) | The Minister of Trade, Industry and Energy may secure the budget for projects pursued by related central administrative agencies for the establishment of national measurement standards to subsidize all or some of expenses for such projects. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters necessary for further specific procedures for pursuing projects for the establishment of national measurement standards and other relevant matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
CHAPTER IV OPERATION AND MANAGEMENT OF NATIONAL STANDARDS SYSTEM
| Article 20 (Overall Control of National Standards System) |
| (1) | The Government shall endeavor to harmonize codified standards, technical regulations, etc. with international standards. <Amended by Act No. 15643, Jun. 12, 2018> |
| (2) | When the Government intends to establish certain national standards, it shall reflect corresponding international standards, if available and wherever practicable, in the national standards; and shall inform the World Trade Organization of the details of new technical regulations or of a new conformity assessment system that will have a significant impact on international trade, when it introduces such technical regulations or conformity assessment system without reflecting international standards therein. <Amended by Act No. 15643, Jun. 12, 2018> |
| (3) | The Minister of Trade, Industry and Energy shall manage national standards to be operated pursuant to relevant statutes and rules, allowing the standards to maintain consistency; and may take necessary measures, such as the establishment and operation of an informatization system, to promptly provide information to the people. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12925, Dec. 30, 2014> |
| (4) | Upon receipt of a request from the Minister of Trade, Industry and Energy, the head of a related central administrative agency shall provide necessary assistance, such as the provision of data on statutes and regulations and submission of directives and rules. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Matters necessary for the consistency of national standards under paragraph (3), such as standard forms, methods of preparation, redundancy checking procedures, etc. for the enactment of national standards, shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12925, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 21 (Establishment of Conformity Assessment System) |
| (1) | The Government shall establish a conformity assessment system; and shall endeavor to ensure that the conformity assessment procedure accords with international guidelines and international standards (hereinafter referred to as "international norms"). <Amended by Act No. 15643, Jun. 12, 2018> |
| (2) | The activities implemented to establish a conformity assessment system under paragraph (1) shall be as follows: <Amended by Act No. 10227, Apr. 5, 2010; Act No. 15643, Jun. 12, 2018> |
| 1. | Establishment and diffusion of codified standards and technical regulations; |
| 2. | Establishment of a product certification system; |
| 3. | Accreditation of laboratories; |
| 4. | Accreditation of calibration institutes; |
| 5. | Certification of quality management systems and environmental management systems; |
| 6. | International, mutual recognition of standards and conformity assessment; |
| 7. | Approval of specifications and standards for private organizations; |
| 8. | Operation of the integrated national certification marks under Article 22-4; |
| 9. | Other activities necessary for the establishment of a conformity assessment system. |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 22 (Conformity Assessment of Products) |
| (1) | When the head of a central administrative agency introduces conformity assessment, he/she shall notify the Minister of Trade, Industry and Energy thereof: Provided, That if the head of a central administrative agency intends to make it compulsory to undergo conformity assessment or put the mark of conformity assessment by enacting or amending statutes and regulations, he/she shall consult with the Minister of Trade, Industry and Energy on the details thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15643, Jun. 12, 2018> |
| (2) | The head of each related central administrative agency shall comprehensively review a new conformity assessment system to ascertain whether it conforms to international norms; and shall submit a report on the outcomes of such review to the Deliberative Committee. <Amended by Act No. 15643, Jun. 12, 2018> |
| (3) | The head of a central administrative agency shall review the necessity for continuing conformity assessment for products, etc. under his/her jurisdiction, the procedure for such conformity assessment, etc., as prescribed by Presidential Decree; and shall submit a report on the results of the review to the Regulatory Reform Committee established pursuant to Article 23 of the Framework Act on Administrative Regulations (hereinafter referred to as the "Regulatory Reform Committee"). <Newly Inserted by Act No. 15643, Jun. 12, 2018> |
| (4) | The Regulatory Reform Committee shall deliberate on the results reported under paragraph (3); and shall notify the head of the relevant central administrative agency of the matters that need improvement if such matters exist. <Newly Inserted by Act No. 15643, Jun. 12, 2018> |
| (5) | Upon receipt of the notice of matters that need improvement under paragraph (4), the head of a central administrative agency shall take measures necessary for improvement. <Newly Inserted by Act No. 15643, Jun. 12, 2018> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 22-2 (Introduction of Mode of Examination for Certification of Standards) |
| (1) | If statutes or regulations provide that products, etc. shall compulsorily undergo conformity assessment, the head of the relevant central administrative agency shall introduce the mode of examination for the certification of standards under this Act; and shall implement conformity assessment. <Amended by Act No. 15643, Jun. 12, 2018> |
| (2) | Further details about the mode of examination for the certification of standards and matters necessary for the implementation of the mode of examination shall be prescribed by Presidential Decree. <Amended by Act No. 15643, Jun. 12, 2018> |
[This Article Newly Inserted by Act No. 9590, Apr. 1, 2009]
| Article 22-3 (Conformity Assessment of New Products) |
| (1) | When an application for conformity assessment is filed with regard to products, etc. that shall compulsorily undergo conformity assessment, the head of the relevant central administrative agency may conduct conformity assessment according to the standards, specifications, or procedures separately determined by him/her for such products, etc. if no current standards or specifications exist or if it is deemed unreasonable to apply current standards or specifications to such products, etc. In such cases, the separate standards, specifications, or procedures shall be adjusted as soon as possible in accordance with relevant statutes or regulations. <Amended by Act No. 15643, Jun. 12, 2018> |
| (2) | Any person that has an interest in current standards or specifications may request the heads of the competent central administrative agencies to enact or amend standards or specifications. |
| (3) | Upon receipt of a request for enactment or amendment referred to in paragraph (2), the head of each administrative agency of the central government shall review the possibility of enactment or amendment in a fast manner and notify an applicant of the outcomes thereof. |
[This Article Newly Inserted by Act No. 10227, Apr. 5, 2010]
| Article 22-4 (Introduction of Integrated National Certification Mark) |
| (1) | If statutes or regulations provide that a mark shall be put on products, etc. that shall undergo conformity assessment, the head of the relevant central administrative agency shall introduce an integrated national certification mark: Provided, That the foregoing shall not apply to cases where the head of the relevant central administrative agency deems it necessary to exclude any products from an integrated national certification mark in order to observe an international agreement (including a treaty) or an agreement between nations, or prevent trade tensions. <Amended by Act No. 12925, Dec. 30, 2014; Act No. 15643, Jun. 12, 2018> |
| (2) | Where the head of each central administrative agency deems that the cause or event triggering the application of the proviso to paragraph (1) has ceased to exist, he/she shall introduce an integrated national certification mark. |
| (3) | Necessary matters concerning the guidelines for, and the method of, labeling integrated national certification marks shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 9590, Apr. 1, 2009]
| Article 23 (Accreditation of Laboratories) |
| (1) | The Government shall take measures necessary for the advancement of a laboratory accreditation system to establish the conformity assessment system under Article 21. |
| (2) | Matters necessary for the establishment of the laboratory accreditation system, such as the designation of an accrediting organization and an operating agency, and criteria and procedures for accreditation, shall be prescribed by Presidential Decree. |
| (3) | The head of each related central administrative agency shall introduce a laboratory accreditation system through an accrediting organization designated under paragraph (2). |
| (4) | The head of each related central administrative agency shall endeavor to utilize laboratories accredited by accrediting organizations under paragraph (2) when conducting such work as testing and inspection. <Newly Inserted by Act No. 13731, Jan. 6, 2016> |
| (5) | The head of a laboratory that has obtained accreditation under paragraph (2) shall keep records related to applications for and evaluations of the relevant testing and inspection for at least four years. <Newly Inserted by Act No. 12925, Dec. 30, 2014; Act No. 13731, Jan. 6, 2016> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 24 (Certification of Quality Management Systems and Environmental Management Systems) |
| (1) | The Government may introduce a system for the certification of quality management systems (ISO 9000 series of standards) and environmental management systems (ISO 14000 series of standards) in order to facilitate quality management and environmental management. |
| (2) | The Government may utilize pertinent private organizations for the efficient management and operation of the certification system for quality management systems and environmental management systems. |
| (3) | Deleted. <by Act No. 14662, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 25 (Mutual Recognition of Conformity Assessment) |
| (1) | The Government shall encourage a domestic accrediting organization to enter into a mutual recognition agreement on conformity assessment with the International Accreditation Forum (IAF). |
| (2) | The Minister of Trade, Industry and Energy shall recommend that related agencies for an agreement provided for in paragraph (1) are in compliance with the Agreement on Technical Barriers to Trade administered by the World Trade Organization and satisfy requirements for fair practices provided for in related international standards. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 25-2 (Mutual Recognition of Results of Examination) |
| (1) | In principle, the head of each central administrative agency shall ensure that technical regulations on products, etc. under his/her jurisdiction and examination standards for conformity assessment accord with codified standards. <Newly Inserted by Act No. 15643, Jun. 12, 2018> |
| (2) | If the head of a central administrative agency finds that the level of examination standards applied to an examination conducted according to other statutes or regulations is equal to or higher than the level of the examination standards applicable to the products, etc. under his/her jurisdiction, the head of the central administrative agency shall recognize the results of such examination conducted according to such statutes or regulations; and shall omit the relevant examination. <Amended by Act No. 15643, Jun. 12, 2018> |
| (3) | The requirements, procedures, etc. for the omission of an examination and the recognition of the results of an examination under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 15643, Jun. 12, 2018> |
[This Article Newly Inserted by Act No. 12925, Dec. 30, 2014]
| Article 26 (Enhancement of Cooperation on International Standards) |
The Government shall endeavor to maintain or strengthen cooperative relationships between domestic standards-related agencies and international standards organizations or foreign standards agencies and to promote exchanges of science and technology.
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 26-2 (Implementation of Policies for Responding to Technical Barriers to Trade) |
| (1) | The Government shall formulate policies for responding to technical barriers to trade; and may implement the following projects for such response: <Amended by Act No. 15643, Jun. 12, 2018> |
| 1. | Projects for the collection, analysis, and distribution of information about technical barriers to trade, and for domestic and international cooperation; |
| 2. | Projects for the construction of a system and an information network related to technical barriers to trade; |
| 3. | Projects for education, training, surveys, research, development and public relations related to technical barriers to trade; |
| 4. | Other necessary projects in relation to technical barriers to trade. |
| (2) | The Minister of Trade, Industry and Energy may provide support necessary for the projects referred to in the subparagraphs of paragraph (1). |
| (3) | If deemed necessary for implementing the projects referred to in paragraph (1), the Minister of Trade, Industry and Energy may request related central administrative agencies or corporations or organizations related to international trade or the development of overseas markets for enterprises to provide data. <Newly Inserted by Act No. 15643, Jun. 12, 2018> |
| (4) | Upon receipt of a request to provide data under paragraph (3), the head of a central administrative agency, corporation, or organization shall cooperate with Minister of Trade, Industry and Energy unless there is a compelling reason not to do so. <Newly Inserted by Act No. 15643, Jun. 12, 2018> |
| (5) | The Minister of Trade, Industry and Energy and the heads of related central administrative agencies may organize a council to respond to technical barriers to trade. <Newly Inserted by Act No. 15643, Jun. 12, 2018> |
| (6) | Matters necessary for the organization and operation of a council under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15643, Jun. 12, 2018> |
[This Article Newly Inserted by Act No. 12925, Dec. 30, 2014]
| Article 27 (Support with Contributions) |
| (1) | The Government may fully or partially make contributions necessary for covering expenses to be incurred in promoting the following projects: <Amended by Act No. 14662, Mar. 21, 2017; Act No. 15643, Jun. 12, 2018> |
| 1. | Research on, and development of, standards-related technology under Article 7 (3) 4; |
| 2. | International cooperation under Article 7 (3) 5; |
| 3. | Training for developing professional human resources under Article 7 (3) 6; |
| 4. | Operation and support of the representative institute of national measurement standards under Article 13 (1); |
| 5. | Certification and diffusion of reference materials under Article 15 (1); |
| 6. | Enactment and diffusion of reference standards under Article 16 (1); |
| 7. | Establishment of national measurement standards under Article 19 (1); |
| 8. | Planning, surveys, and research for the enactment and overall management of national standards under Article 20 (2) and (3); |
| 9. | Establishment of the conformity assessment system under Article 21 (2); |
| 9-2. | Collection, analysis, and diffusion of information about technical barriers to trade under Article 26-2 (1) 1 and domestic and international cooperation in such activities; |
| 9-3. | Establishment of a system and information network related to technical barriers to trade under Article 26-2 (1) 2; |
| 9-4. | Education, training, survey, research, development, and public relations activities related to technical barriers to trade under Article 26-2 (1) 3; |
| 10. | Establishment of foundation to upgrade the industrial structure under Article 28 (1); |
| 11. | Other activities determined by the Deliberative Committee. |
| (2) | The Government may sign an agreement with any of the following institutions or organizations and require them to perform projects, if deemed necessary to efficiently promote the projects prescribed in paragraph (1): <Amended by Act No. 14662, Mar. 21, 2017> |
| 1. | National or public research institutes; |
| 4. | Corporations or organizations established pursuant to the Civil Act or other statutes; |
| 5. | Other research institutes or organizations related to national standards prescribed by Presidential Decree. |
| (3) | Matters necessary for the criteria for making contributions under paragraph (1) and the use and management of such contributions shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 14662, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 28 (Establishment of Foundation to Upgrade Industrial Structure) |
| (1) | The Government shall establish a comprehensive plan for the development and growth of industries of high-precision measurement, testing, inspection, calibration, and instruments related thereto in order to upgrade the industrial structure. |
| (2) | The Minister of Trade, Industry and Energy shall prepare measures for the implementation of a comprehensive plan under paragraph (1) and may, if necessary, establish or designate a dedicated organization to implement the comprehensive plan. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
| Article 29 (Nurturing Standard Technology Professionals) |
| (1) | The Government shall formulate and execute a policy on specialized education and training to nurture standard technology professionals. <Amended by Act No. 12925, Dec. 30, 2014> |
| (2) | The Government may grant rewards or provide necessary support to individuals, businesses, organizations, etc. that have greatly contributed to the strengthening of national competitiveness by performing activities for national standardization and international standardization. <Newly Inserted by Act No. 12925, Dec. 30, 2014> |
| Article 30 (Personnel Management of Public Officials in Charge of National Standards) |
The head of each related central administrative agency shall prescribe and operate guidelines for personnel management, such as appointment of public officials to be in charge of related work, necessary for securing expertise and continuity in all work pertaining to national standards and the conformity assessment system and for maintaining the reliability of work.
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
CHAPTER IV-2 (Articles 30-2 through 30-4) DELETED.
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 31 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Trade, Industry and Energy may delegate part of his/her authority under this Act to a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor or the head of an agency under his/her jurisdiction, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12925, Dec. 30, 2014> |
| (2) | The Minister of Trade, Industry and Energy may entrust part of his/her authority under this Act to the head of other administrative agency, a government-funded research institute, the representative institute of national measurement standards, an institution related to standards, or a related corporation or organization established pursuant to the Civil Act and Special Acts. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9590, Apr. 1, 2009]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 1999. |
| (2) | (Transitional Measures concerning National Standards) An act done in relation to the establishment, maintenance, or diffusion of national standards and already completed pursuant to any other statute as at the time this Act enters into force shall be deemed completed pursuant to this Act, if relevant provisions exist therein. |
ADDENDA <Act No. 6193, Jan. 21, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6262, Feb. 3, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 6315, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7219, Sep. 23, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9590, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2009: Provided, That with regard to the certification or similar that falls under any of the following subparagraphs among cases concerning which relevant statutes require obtaining certification or similar for products or placing of a mark of certification or similar, the examination system for certification of standards under the amended provisions of Article 22-2 or the introduction of integrated national certification marks under the amended provisions of Article 22-4 shall enter into force on January 1, 2011: <Amended by Act No. 10227, Apr. 5, 2010> | 2. | The accreditation of performance of sound-arresting structure, such as boundary walls, and the accreditation of performance of fire-resistant structure under the Building Act; |
| 3. | The examination and inspection of plans and designs of, and the safety inspection of, stage facilities under the Public Performance Act; |
| 6. | The safety certification of harmful or hazardous machines, instruments, and equipment and the safety certification of protective devices and outfit under the Occupational Safety and Health Act; |
| 7. | The type approval for, and the examination of, ships under the Ship Safety Act; |
| 11. | The accreditation of conformity with standards of manufacturing and quality control of medical appliances under the Medical Devices Act; |
| 13. | The type approval for, or the type registration of, wireless equipment and the registration of electromagnetic compatibility under the Radio Waves Act; |
| 14. | The certification of safety of mechanical parking equipment under the Parking Lot Act; |
| 15. | The accreditation of performance grades of sound-arresting structure against impact sound on floors of apartment buildings and the accreditation of performance grades of houses; |
| 16. | The type approval for measuring instruments for marine environment, equipment subject to the type approval, and materials and chemicals used for the control and prevention of pollutants under the Marine Environment Management Act; |
| 17. | The examination on functional cosmetics under the Cosmetics Act; |
Article 2 Omitted.
ADDENDA <Act No. 10227, Apr. 5, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Korea Testing and Research Institute)
| (1) | The following institutions may request the Minister of Knowledge Economy to have the Korea Testing and Research Institute established under this Act succeed to all their rights and duties by a resolution adopted by the relevant boards of directors: |
| 1. | The Korea Testing and Research Institute for Chemical Industry which is an incorporated foundation established pursuant to Article 32 of the Civil Act; |
| (2) | When institutions prescribed in each subparagraph of paragraph (1) obtain approval from the Minister of Knowledge Economy upon a request made under paragraph (1), they shall be deemed dissolved as at the time the Korea Testing and Research Institute is established, notwithstanding the provisions of the Civil Act, which pertain to the dissolution and liquidation of corporations, and all rights and duties of each institution shall be succeeded to by the Korea Testing and Research Institute. |
| (3) | The value of the property to be succeeded to by the Korea Testing and Research Institute pursuant to paragraph (2) shall be the book value of the date preceding the date of registration for incorporation. |
| (4) | The name of an institution prescribed in each subparagraph of paragraph (1) which has been recorded in register books or other official books as at the time this Act enters into force shall be deemed the name of the Korea Testing and Research Institute. |
| (5) | Any activities performed by the institutions in each subparagraph of paragraph (1) as at the time this Act enters into force shall be deemed performed by the Korea Testing and Research Institute. |
Article 3 (Transitional Measures concerning Establishment of Korea Testing Certification)
| (1) | The following institutions may request the Minister of Knowledge Economy to have the Korea Testing Certification established by this Act succeed to all their rights and duties by a resolution adopted by the board of directors: |
| 1. | Korea Electric Testing Institute which is an incorporated foundation established pursuant to Article 32 of the Civil Act; |
| 2. | Korea Machinery Meter and Petrochemical Testing and Research Institute which is an incorporated foundation established pursuant to Article 32 of the Civil Act. |
| (2) | Article 2 (2) through (5) of this Addenda shall apply mutatis mutandis to the establishment of the Korea Testing Certification. In such cases, the Korea Testing and Research Institute shall be deemed the Korea Testing Certification. |
Article 4 (Transitional Measures concerning Establishment of Korea Conformity Laboratories)
| (1) | The following institutions may request the Minister of Knowledge Economy to have the Korea Conformity Laboratories established by this Act succeed to all their rights and duties by a resolution adopted by the board of directors: |
| 1. | Korea Institute of Construction Materials which is an incorporated foundation established pursuant to Article 32 of the Civil Act; |
| 2. | Korea Environment & Merchandise Testing Institute which is an incorporated foundation established pursuant to Article 32 of the Civil Act. |
| (2) | Article 2 (2) through (5) of this Addenda shall apply mutatis mutandis to the establishment of the Korea Conformity Laboratories. In such cases, the Korea Testing and Research Institute shall be deemed the Korea Conformity Laboratories. |
ADDENDA <Act No. 10615, Apr. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12925, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Korea Testing and Research Institute)
| (1) | Where the Korea Testing and Research Institute established pursuant to the previous Article 30-2 (hereinafter referred to as the "previous Korea Testing and Research Institute") as at the time this Act enters into force has reported succession to its status to the competent government authority following a resolution adopted by its board of directors, it shall be deemed an incorporated foundation established pursuant to Article 32 of the Civil Act. |
| (2) | The previous Korea Testing and Research Institute which has reported pursuant to paragraph (1) shall immediately register its dissolution and the establishment of an incorporated foundation deemed established pursuant to the aforesaid paragraph. |
| (3) | In the case of paragraph (1), the assets, rights and obligations of the previous Korea Testing and Research Institute shall be succeeded as a whole by an incorporated foundation deemed established pursuant to paragraph (1). |
| (4) | Any activities performed by the previous Korea Testing and Research Institute before this Act enters into force shall be deemed performed by an incorporated foundation established pursuant to paragraph (1), and any activities with respect to the previous Korea Testing and Research Institute shall be deemed the activities with respect to an incorporated foundation pursuant to paragraph (1). |
| (5) | Executive officers and employees of the previous Korea Testing and Research Institute as at the time this Act enters into force shall be deemed executive officers and employees of an incorporated foundation established pursuant to paragraph (1). In such cases, the term of office of executive officers shall be the remainder of the term under the articles of association of the previous Korea Testing and Research Institute. |
Article 3 (Transitional Measures concerning Korea Testing Certification)
| (1) | Where the Korea Testing Certification established pursuant to the previous Article 30-3 as at the time this Act enters into force has reported succession to its status to the competent government authority following a resolution adopted by its board of directors, it shall be deemed an incorporated foundation established pursuant to Article 32 of the Civil Act. |
| (2) | Article 2 (2) through (5) of this Addenda shall apply mutatis mutandis to the registration of dissolution, the registration of establishment, comprehensive succession to the assets, rights and obligations, legal fiction of activities, succession to the position of executive officers and employees, etc. of an incorporated foundation established pursuant to paragraph (1). In such cases, the "Korea Testing and Research Institute" shall be deemed the "Korea Testing Certification". |
Article 4 (Transitional Measures concerning Korea Conformity Laboratories)
| (1) | Where the Korea Conformity Laboratories established pursuant to the previous Article 30-4 as at the time this Act enters into force has reported succession to its status to the competent government authority following a resolution adopted by its board of directors, it shall be deemed an incorporated foundation established pursuant to Article 32 of the Civil Act. |
| (2) | Article 2 (2) through (5) of this Addenda shall apply mutatis mutandis to the registration of dissolution, the registration of establishment, comprehensive succession to the assets, rights and obligations, legal fiction of activities, succession to the position of executive officers and employees, etc. of an incorporated foundation established pursuant to paragraph (1). In such cases, the "Korea Testing and Research Institute" shall be deemed the "Korea Conformity Laboratories". |
ADDENDUM <Act No. 13731, Jan. 6, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13747, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13847, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14662, Mar. 21, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 15176, Dec. 12, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15643, Jun. 12, 2018>
This Act shall enter into force six months after the date of its promulgation.