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ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE SAFETY OF PRODUCTS FOR CHILDREN

Presidential Decree No. 26295, jun. 1, 2015

Amended by Presidential Decree No. 27636, Nov. 29, 2016

Presidential Decree No. 29175, Sep. 18, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Special Act on the Safety of Children's Products and matters necessary for enforcing said Act.
 Article 2 (Formulation and Implementation of Master Plans)
(1) The Minister of Trade, Industry and Energy may request the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the “Mayor/Do Governor”) to submit relevant materials if necessary to formulate a master plan for controlling the safety of children's products (hereinafter referred to as “master plan”) under Article 5 (1) of the Special Act on the Safety of Children's Products (hereinafter referred to as the “Act”).
(2) After formulating a master plan, the Minister of Trade, Industry and Energy shall notify the heads of central administrative agencies and the Mayor/Do Governor thereof.
 Article 3 (Publication of Safety Investigation Results)
(1) The Minister of Trade, Industry and Energy may publicize the following under Article 8 (1) of the Act through newspapers defined in subparagraph 1 of Article 2 of the Act on the Promotion of Newspapers; broadcasting defined in subparagraph 1 of Article 2 of the Broadcasting Act; or a product safety information network under Article 16 of the Framework Act on the Safety of Products:
1. Name, trademark, model name, and photos of the relevant children's product;
2. The number issued when obtaining safety certification under Article 17 of the Act or the number issued when reporting safety verification under Article 22 of the Act (hereinafter referred to as “safety certification number, etc.”);
3. Country of manufacture of the relevant children's product;
4. Name, address, and contact information of the business entity;
5. Details of safety investigation results.
(2) “Public institution prescribed by Presidential Decree” under Article 8 (2) of the Act means the following public institutions: <Amended by Presidential Decree No. 27636, Nov. 29, 2016>
1. The Korea Consumer Agency under Article 33 of the Framework Act on Consumers;
2. The Korea Environment Corporation under the Korea Environment Corporation Act;
3. The Korea Environmental Industry and Technology Institute under the Korea Environmental Industry and Technology Institute Act;
4. Other public institutions that conduct safety investigations on children's products, as publicly notified by the Minister of Trade, Industry and Energy in consultation with the heads of relevant administrative authorities.
(3) Where the head of a central administrative agency, the Mayor/Do Governor, the head of a Si/Gun or Gu (referring to an autonomous Gu; hereinafter the same shall apply), or the head of a public institution referred to in paragraph (2) intends to publicize the fact that a children's product is suspected of causing harm, he or she shall first notify the Minister of Trade, Industry and Energy of such fact at least five days before the intended publication date: Provided, That if the head of a central administrative agency, the Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a public institution under paragraph (2) recognizes the urgency to prevent harm to the life or body of children and the spread thereof, he or she may immediately publicize such fact after notifying the Minister of Trade, Industry and Energy.
(4) Where publication is to be made under paragraph (3), paragraph (1) shall apply mutatis mutandis to the method and details of publication. In such cases, “details of safety investigation results” in paragraph (1) 5 shall be construed as “the fact that a children's product is suspected of causing harm”.
 Article 4 (Procedures for Recommendation for Recall)
(1) Where the Minister of Trade, Industry and Energy intends to recommend the relevant business entity to take measures such as recalling, destroying, repairing, exchanging, refunding, improving, or prohibiting the manufacture or distribution thereof, or other necessary measures (hereinafter referred to as “recall, etc.”), he or she shall do so in writing (including by electronic document) specifying the following:
1. Name, model name, and safety certification number, etc. of the relevant children's product;
2. Name, address, and contact information of the business entity;
3. Reasons for and details of the recommendation;
4. Time limit for notification as to whether the business entity accepts the recommendation;
5. Plans of measures to be taken if the business entity rejects the recommendation;
6. Other matters deemed necessary by the Minister of Trade, Industry and Energy for recall, etc.
(2) A business entity that receives recommendation for recall, etc. under paragraph (1) shall notify the Minister of Trade, Industry and Energy of the following in writing (including by electronic document) within the time limit for notification under paragraph (1) 4:
1. Name, model name, and safety certification number, etc. of the relevant children's product;
2. Whether he or she accepts the recommendation;
3. Plans for measures such as timing and methods of recall, etc.;
4. Reasons of rejection if he or she rejects the recommendation.
 Article 5 (Method of Publication Following Noncompliance with Recommendation)
The Minister of Trade, Industry and Energy may publicize the following under Article 9 (2) of the Act through newspapers defined in subparagraph 1 of Article 2 of the Act on the Promotion of Newspapers; broadcasting defined in subparagraph 1 of Article 2 of the Broadcasting Act; or a product safety information network under Article 16 of the Framework Act on the Safety of Products:
1. Name, trademark, model name, photos, and safety certification number, etc. of the relevant children's product;
2. Name, address, and contact information of the business entity;
3. Reasons for and details of the recommendation.
 Article 6 (Reporting Results of Recalling Products)
(1) “Where the relevant business entity has taken measures recommended ... matters prescribed by Presidential Decree, such as the results thereof” in Article 9 (3) of the Act means the following:
1. Results of the measures taken, such as details and performance of recall, etc.;
2. Plans to address children's products which have not been recalled, etc.;
3. Measures to prevent recurrence of harm.
(2) A person who intends to report under Article 9 (3) of the Act shall submit to the Minister of Trade, Industry and Energy a written report (including by electronic document) as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 7 (Procedures for Issuing Orders for Recall)
(1) Where the Minister of Trade, Industry and Energy issues an order for recall, etc. under Article 10 (1) of the Act, he or she shall do so in writing (including by electronic document) specifying the following:
1. Name, model name, and safety certification number, etc. of the relevant children's product;
2. Name, address, and contact information of the business entity;
3. Reasons for and details of the order for recall, etc.;
4. Timing and method of recall, etc.;
5. Other matters deemed necessary by the Minister of Trade, Industry and Energy for an order for recall, etc.
(2) Article 5 shall apply mutatis mutantis to the method and details of publication in Article 10 (1) of the Act. In such cases, “recommendation” shall be construed as “order”.
 Article 8 (Scope of Serious Defects)
“Serous defect prescribed by Presidential Decree” in Article 10 (1) 3 of the Act means any of the following defects:
1. A lack of safety ordinarily expected in connection with the manufacture, distribution, or use of children's products, which causes, or is likely to cause, any of the following harm to children:
(a) Death;
(b) Bodily injury or illness that requires at least four weeks of medical treatment at a medical institution under Article 3 (2) of the Medical Service Act;
2. A defect that causes, or is likely to cause, fire.
 Article 9 (Matters to Report)
(1) “Where the relevant business entity takes measures in compliance with an order ... <omitted> ... matters prescribed by Presidential Decree” in Article 10 (2) of the Act means those stipulated in the subparagraphs of Article 6 (1).
(2) Any person who intends to report under Article 10 (2) of the Act shall submit to the Minister of Trade, Industry and Energy a written report (including by electronic document) prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 10 (Measures Such As Direct Recall)
The Administrative Vicarious Execution Act shall apply to the measures necessary for direct recall, etc. and the collection of expenses incurred therein, under Article 10 (3) of the Act.
 Article 11 (Procedures for Requesting Cancellation of Recommendation)
(1) Where a business entity that has received recommendation or order for recall, etc. under Article 11 (1) of the Act or a business entity interested in such recommendation or order is dissatisfied with such recommendation or order, he or she shall submit to the Minister of Trade, Industry and Energy an application (including by electronic document) requesting cancellation of such recommendation or order prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) Where the Minister of Trade, Industry and Energy determines to fully or partially cancel the recommendation or order for recall, etc. under the main sentence of Article 11 (2) of the Act, he or she shall immediately inform such fact to the applicant for the relevant cancellation. In such cases, when a publication has been made under Article 9 (2) or Article 10 (1) of the Act, he or she shall publicize the fact of cancellation in the same manner as the publication has been made.
(3) Where the Minister of Trade, Industry and Energy intends to extend the period for determination on cancellation under the proviso of Article 11 (2) of the Act, he or she shall notify the applicant of such fact in writing specifying the reasons for and period of extension, etc.
 Article 12 (Scope of Serious Accidents)
(1) “Serious injury, death, or any other serious accident prescribed by Presidential Decree” in Article 12 (1) 2 of the Act means an accident involving any of the following:
1. Death;
2. Bodily injury or illness that requires at least four weeks of medical treatment at a medical institution under Article 3 (2) of the Medical Service Act;
3. Fire.
(2) “Serious defect prescribed by Presidential Decree” in Article 12 (1) 3 of the Act means a defect referred to in any subparagraph of Article 8.
 Article 13 (Methods of Voluntary Recall Relating to Children's Products)
(1) A report under Article 12 (2) of the Act shall include the following:
1. Name, model name, and safety certification number, etc. of the relevant children's product;
2. The year and month of manufacture of the relevant children's product (in cases of an imported product, including the year and month of import).
(2) Where a business entity intends to perform recall, etc. under Article 12 (2) of the Act, he or she shall submit to the Minister of Trade, Industry and Energy a plan for recall, etc. (including by electronic document) prescribed by Ordinance of the Ministry of Trade, Industry and Energy by no later than 10 days after he or she becomes aware that harm or property damage is caused or likely to be caused.
(3) “After taking measures, including recall, etc. ... <omitted> ... matters prescribed by Presidential Decree, such as the results thereof” in Article 12 (4) of the Act means the following:
1. Results of the measures taken, such as details and performance of recall, etc.;
2. Plans to address products which have not been recalled, etc.;
3. Plans to prevent harm or property damage.
(4) A person who intends to report under Article 12 (4) of the Act shall submit to the Minister of Trade, Industry and Energy a written report (including by electronic document) prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(5) A person who intends to report under the main sentence of Article 12 (5) of the Act shall submit to the Minister of Trade, Industry and Energy a written report (including by electronic document) prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 14 (Standards for Designating Safety Certification Institutions)
“Standards for testing and inspection facilities, examination personnel, etc. necessary to conduct safety certification, as prescribed by Presidential Decree” in Article 15 (2) of the Act means the following:
1. As a non-profit corporation or non-profit organization whose main business is controlling the safety of industrial products, the institution shall have a department dedicated to the safety of children's products;
2. The institution shall meet the general requirements for bodies operating product certification to international standards stipulated by the Internal Organization for Standardization, in terms of organization, personnel, and business structure dedicated to safety certification;
3. The institution shall be accredited as a laboratory under Article 23 of the Framework Act on National Standards;
4. The institution shall have facilities that can test at least 1/2 of the children's products subject to safety certification for compliance with the safety standards for product inspection under Article 17 (3) of the Act;
5. The institution shall secure at least two persons performing certification examination who are qualified as certification examiners under international standards relating to certification by the International Organization for Standardization or under Article 18 of the Industrial Standardization Act;
6. The institution shall secure at least two persons performing tests and inspections who have at least five years of experience in testing and inspection at laboratories accredited under Article 23 of the Framework Act on National Standards;
7. The institution shall ensure independence, such as avoiding receiving financial support from business entities, in connection with its certification activities.
 Article 15 (Performance of Market Surveillance Relating to Children's Products and Request for Provision of Safety Information)
(1) The Minister of Trade, Industry and Energy may request the following institutions or bodies to conduct tests or analysis, where necessary to perform duties such as investigating and appraising a product relating to a safety incident involving a children’s product under Article 27 (1) of the Act. In such cases, the institution or body so requested shall have expertise in the relevant safety incident and shall be an independent organization, such as avoiding receiving financial support from business entities, in performing its tests, analysis, and other functions:
1. A laboratory under Article 23 of the Framework Act on National Standards;
2. An institution recognized by the Minister of Trade, Industry and Energy for its expertise in functions such as investigating and appraising safety incidents involving children's products.
(2) Where the Minister of Trade, Industry and Energy intends to make a request under paragraph (1), he or she shall publicize the requested institution and the details of the request.
(3) “Information on the safety of the children's products prescribed by Presidential Decree” in the former part of Article 27 (2) of the Act, with the exception of its subparagraphs, means information on the following:
1. Cases involving breach of statutes or regulations relating to children's products;
2. Safety investigations and analysis of tests and inspections regarding children's products;
3. The amounts in circulation and the distribution channel of children's products;
4. Harm to the life and body of children or property damage, caused by children's products;
5. Other matters publicly notified by the Minister of Trade, Industry and Energy, as deemed necessary for controlling the safety of children's products.
(4) “Public organization prescribed by Presidential Decree” in Article 27 (2) 2 of the Act means a consumer group registered with the Fair Trade Commission or with a local government under Article 29 of the Framework Act on Consumers.
(5) “Institution prescribed by Presidential Decree” in Article 27 (2) 3 of the Act means any of the following institutions:
1. A safety certification institution under Article 15 (3) of the Act;
2. A laboratory under Article 22 (3) of the Act;
3. A government-funded science and technology research institute defined in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
4. A school (limited to schools with a department or research institute relating to the safety of children's products) under Article 2 of the Higher Education Act.
(6) “Person prescribed by Presidential Decree” in Article 27 (2) 4 of the Act means either of the following:
1. A hospital-level medical institution (excluding intermediate care hospitals) under Article 3 (2) 3 of the Medical Service Act;
2. An insurance company defined in subparagraph 6 of Article 2 of the Insurance Business Act.
 Article 16 (Outsourcing of Designation of Safety-Friendly Enterprises)
“Institution or organization prescribed by Presidential Decree” in the former part of Article 33 of the Act means the Korean Institute of Product Safety under Article 21-2 (1) of the Framework Act on the Safety of Products. <Amended by Presidential Decree No. 29175, Sep. 18, 2018>
 Article 17 (Criteria for Order for Suspension of Sale)
(1) Criteria for an order for suspension of sale, improvement, recall, or destruction (hereinafter referred to as “suspension of sale, etc.”) of children's products subject to safety control under Article 34 (1) through (3) of the Act shall be as follows:
1. In any of the following cases, the competent Mayor/Do Governor shall issue an order requiring suspension of sale and improvement within a specified period of up to one month, and if the relevant business entity or business operator fails to suspend sale or to comply with the order for improvement, the competent Mayor/Do Governor shall order recall or destruction within a specified period of up to two months:
(a) In cases falling under Article 34 (1) 1 or 2 of the Act;
(b) In cases falling under Article 34 (2) 1 or 2 of the Act;
(c) In cases falling under Article 34 (3) 1 or 2 of the Act;
2. In either of the following cases, the competent Mayor/Do Governor shall order improvement to be made within a specified period of up to one month:
(a) In cases falling under Article 34 (1) 3 of the Act;
(b) In cases falling under Article 34 (2) 3 of the Act;
3. In any of the following cases, the competent Mayor/Do Governor shall issue an order requiring suspension of sale and recall or destruction within a specified period of up to two months:
(a) In cases falling under any subparagraph of Article 34 (1) 4 through 7 of the Act;
(b) In cases falling under any subparagraph of Article 34 (2) 4 through 7 of the Act;
(c) In cases falling under any subparagraph of Article 34 (3) 3 through 6 of the Act.
(2) An order for suspension of sale, etc. shall be issued in writing, specifying the following:
1. Name, model name, and safety certification number, etc. of the relevant children's product;
2. The name of the business entity and of its representative (in cases of a business operator, the name of the business operator and of its representative);
3. Reasons for and details of the order;
4. The deadline for complying with the order;
5. Other matters deemed necessary by the competent Mayor/Do Governor for controlling the safety of children's products.
(3) If the competent Mayor/Do Governor intends to directly recall or destroy the relevant children's product under Article 34 (4) of the Act, he or she shall require the business entity or business operator to present at the site of such recall or destruction to verify the fact of recall or destruction: Provided, That the same shall not apply where the business entity or business operator fails to comply or where his or her whereabouts are unknown.
(4) Where the Mayor/Do Governor intends to issue an order under Article 34 (5) of the Act, he or she shall do so in writing, specifying the following:
1. Name, model name, and safety certification number, etc. of the relevant children's product;
2. The name of the business entity and of its representative (in cases of a business operator, the name of the business operator and of its representative);
3. Reasons for and details of the order;
4. The deadline for complying with the order;
5. The methods of publicizing the fact of harm;
6. Other matters deemed necessary by the competent Mayor/Do Governor.
(5) Any person who receives an order under paragraph (4) shall submit a compliance plan to the competent Mayor/Do Governor as prescribed by Ordinance of the Ministry of Trade, Industry and Energy; and upon complying with the order, such person shall report the results thereof to the Mayor/Do Governor.
 Article 18 (Delegation and Entrustment)
(1) The Minister of Trade, Industry and Energy shall delegate authority for the following tasks to the head of the Korean Agency for Technology and Standards under Article 37 of the Act:
1. Safety investigations under Article 6 (1) of the Act;
2. Reflecting the results of risk assessment in the safety standards for children's products subject to safety control under Article 6 (2) of the Act;
3. Retaining and perusing the safety investigation results under Article 6 (3) of the Act;
4. Issuing an order for reporting or for submitting data, visiting the manufacturing facilities or place of business, recalling or inspecting products, and making inquiries under Article 7 (1) of the Act;
5. Publishing the safety investigation results under Article 8 (1) of the Act;
6. Recommending recall, etc. under Article 9 (1) of the Act;
7. Publication under Article 9 (2) of the Act;
8. Receiving a report on the results of the measures taken under Article 9 (3) of the Act;
9. Order for recall, etc. and publication thereof under Article 10 (1) of the Act;
10. Receiving the results of the measures taken under Article 10 (2) of the Act;
11. Direct recall and collection of expenses incurred therein under Article 10 (3) of the Act;
12. Receiving applications for cancellation of recommendation and determining whether to cancel the recommendation under Article 11 of the Act;
13. Receiving a report and requesting supplementation of a plan to take measures under Article 12 of the Act;
14. Receiving an insider’s report and requesting for taking measures under Article 13 of the Act;
15. Request for submitting data under Article 14 (1) of the Act;
16. Designating an organization to investigate accidents under Article 14 (2) of the Act;
17. Designating safety certification institutions under Article 15 (1) of the Act;
18. Assistance for safety certification institutions under Article 15 (3) of the Act;
19. Revoking the designation of safety certification institutions and suspending business operations under Article 16 (1) of the Act;
20. Designating laboratories and delivering public notice thereon under Article 22 (3) of the Act;
21. Revoking designation as a laboratory and suspending business operations under Article 22 (9) of the Act;
22. Guidance and inspection for laboratories under Article 22 (10) of the Act;
23. Testing and analysis under Article 27 (1) of the Act;
24. Requests for information under Article 27 (2) of the Act;
25. Collecting and managing safety information under Article 28 of the Act;
26. Promotion of and support for children’s products whose safety is verified under Article 31 of the Act;
27. Request for submitting data under Article 35 of the Act;
28. Designation, revocation of designation, and orders for rectification relating to safety-friendly enterprises for children's products under Article 32 of the Act;
29. Hearings under Article 40 of the Act;
30. Imposing and collecting administrative fines under Article 43 (1), Article 43 (2) 1, 2, 7, and 8, and Article 43 (3) 1 through 6, 14, 18, and 21 of the Act.
(2) The Minister of Trade, Industry and Energy shall entrust safety certification institutions stipulated in Article 15 (3) of the Act with the following affairs under Article 37 of the Act:
1. Verifying safety certification documents received from a foreign safety certification institution under Article 18 (1) 3 of the Act;
2. Verifying certification documents prescribed in Article 15 of the Industrial Standardization Act under Article 18 (1) 4 of the Act;
3. Receiving reports on children's products subject to safety verification (including reports on alteration of reported matters) under Article 22 (1) of the Act;
4. Verifying certification documents stipulated in Article 15 of the Industrial Standardization Act under Article 22 (7) 4 of the Act;
5. Verifying matters recognized as having passed tests and inspections conducted by any domestic or foreign institution with which a laboratory has concluded a contract for mutual recognition under Article 22 (7) 4 of the Act.
(3) The Minister of Trade, Industry and Energy shall entrust the Korean Institute of Product Safety stipulated in Article 21-2 (1) of the Framework Act on the Safety of Products with the following affairs under Article 37 of the Act: <Amended by Presidential Decree No. 29175, Sep. 18, 2018>
1. Verifying that the relevant product is manufactured or imported for research and development, or for export under Article 18 (1) 1 of the Act;
2. Verifying that the relevant product is manufactured or imported for display at an exhibition or expo under Article 18 (1) 2 of the Act;
3. Verifying that the relevant product is manufactured or imported for research and development, or for export under Article 22 (7) 1 of the Act;
4. Verifying that the relevant product is manufactured or imported for display at an exhibition or expo under Article 22 (7) 2 of the Act;
5. Receiving applications for designation as safety-friendly enterprises for children's products and verification of facts under Article 32 of the Act.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27636, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29175, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 and 3 Omitted.