ENFORCEMENT DECREE OF THE ELECTRICAL APPLIANCES AND CONSUMER PRODUCTS SAFETY CONTROL ACT
Wholly Amended by Presidential Decree No. 27806, Jan. 26, 2017
Amended by Presidential Decree No. 29000, jun. 26, 2018
Presidential Decree No. 29175, Sep. 18, 2018
CHAPTER I GENERAL PROVISIONS
| Article 2 (Disqualification of, Challenge to, or Abstention by Members of Product Safety Deliberation Committee) |
| 1. | If the committee member or the current or former spouse of the committee member becomes a party (if the party is a corporation or organization, including its executive officers; hereafter the same shall apply in this subparagraph and subparagraph 2) to the relevant agenda item or is a joint right-holder or joint obligor with a party to the relevant agenda item; |
| 2. | If the committee member is a current or former relative of a party to the relevant agenda item; |
| 3. | If the committee member has given testimony or a statement, provided consulting service, research service, or any other service, or served as an appraiser, for the relevant agenda item; |
| 4. | If the committee member or a corporation or organization to which the committee member belongs is the current or former representative of a party to the relevant agenda item; |
| 5. | If the committee member has worked for a corporation which is a party to the relevant agenda item, as an executive officer or employee, during the recent two years. |
| (2) | If the circumstances indicate that it would be difficult to expect fair deliberations and decisions of a committee member, any party may file a challenge to the committee member with the Committee; and the Committee shall resolve thereon. In such case, the committee member against whom the challenge is filed shall not participate in deliberating and resolving. |
| (3) | If a committee member falls under any of the grounds for disqualification under paragraph (1), he/she shall voluntarily abstain from deliberating and resolving on the relevant agenda item. |
| Article 3 (Duties of Chairperson) |
| (1) | The Chairperson of the Committee (hereinafter referred to as the "Chairperson") shall represent the Committee and exercise general supervision over its affairs. |
| (2) | If the Chairperson is unable to perform his/her duties due to any unavoidable cause, the committee member predesignated by the Chairperson shall act on the Chairperson’s behalf. |
| Article 4 (Operation of Committee) |
| (1) | The Chairperson shall call a meeting and shall preside over the meeting. |
| (2) | A majority of all incumbent members of the Committee shall constitute a quorum at all its meetings; and resolutions shall be passed with a concurring vote of at least a majority of those present. |
| (3) | The Committee shall have one secretary who shall take charge of general affairs of the Committee and shall have one clerk who shall assist the secretary. |
| (4) | The secretary and clerk shall be appointed by the Minister of Trade, Industry and Energy, from among public officials of the Ministry of Trade, Industry and Energy. |
| Article 5 (Special Committees) |
| (1) | A special committee formed pursuant to Article 3 (4) of the Act (hereinafter referred to as "special committee") shall examine the following matters regarding safely managing electrical appliances and consumer products: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 1. | Technically reviewing the enactment, amendment, repeal, etc. of safety standards; |
| 2. | Researching domestic and foreign documents regarding safety standards; |
| 3. | Whether a specific product is a product subject to safety certification, safety verification or the supplier's declaration of conformity or a consumer product subject to compliance with safety standards or child protective packaging (hereinafter referred to as "product subject to safety control"); |
| 4. | Other matters requested by the Ministry of Trade, Industry and Energy or the Committee to be examined. |
| (2) | A special committee shall be comprised of not more than 20 members, including one chairperson of the special committee. |
| (3) | The chairperson of a special committee shall be elected by and from among members of the special committee. |
| (4) | Members of a special committee shall be any of the following persons: |
| 2. | Persons commissioned by the Minister of Trade, Industry and Energy, from among persons who have abundant knowledge and experience in electrical appliances and consumer products. |
| (5) | Article 2 shall apply mutatis mutandis to the disqualification of, challenge to, and abstention by, a member of a special committee. |
| (6) | A special committee shall have one secretary who shall be appointed by the Minister of Trade, Industry and Energy, from among public officials in charge of product safety control in the Ministry of Trade, Industry and Energy. |
| Article 6 (Detailed Operating Rules) |
Except as otherwise expressly provided for by this Decree, matters necessary for establishing and operating the Committee and special committees shall be determined by the Chairperson of the Committee or the chairperson of each special committee respectively, following a resolution by the Committee or each special committee.
CHAPTER II SAFETY CONTROL OF PRODUCTS SUBJECT TO SAFETY CERTIFICATION
| Article 7 (Standards for Designating Safety Certification Bodies) |
"Standards prescribed by Presidential Decree for designation, such as standards for testing facilities and human resources necessary for safety certification" in Article 4 (2) of the Act means the following standards: | 1. | A safety certification body shall be a nonprofit corporation or nonprofit organization mainly engaging in safety control of products; |
| 2. | A safety certification body shall be a testing and inspection institution, equipped with organs, personnel, and system for performing safety certification, which meet the general requirements prescribed by the International Organization for Standardization (ISO) for institutions certifying products conforming to international specifications, and accredited by an accrediting organization designated pursuant to Article 23 (2) of the Framework Act on National Standards; |
| 3. | A safety certification body shall be equipped with testing facilities required under the safety standards established pursuant to the main text of Article 5 (3) of the Act for at least 1/3 of the categories of product specified by Ordinance of the Ministry of Trade, Industry and Energy as subject to safety certification; |
| 4. | A safety certification body shall post at least two full-time workers falling under any of the following items for each category of product for which it intends to conduct safety certification, among the categories of product specified by Ordinance of the Ministry of Trade, Industry and Energy as subject to safety certification: |
| 5. | A safety certification body shall not be financially supported by any manufacturer or importer; and shall be independent in conducting its certifying activities; |
| 6. | If a safety certification body is a foreign corporation or an organization, the country shall permit corporations or organizations from the Republic of Korea to conduct product safety certification or engage in any business similar thereto under the same conditions as corporations or organizations of its country. |
| Article 8 (Exemption from Safety Certification) |
| (1) | "Products specified by Presidential Decree" in subparagraph 1 of Article 6 of the Act means the following products: |
| 1. | Products used by any of the following schools, research institutes, research organizations, etc. for research and development: |
| (c) | Government-funded research institutes as defined in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| (d) | Government-funded research institutes as defined in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| (e) | Research institutes incorporated pursuant to Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| (k) | Research organizations incorporated as a corporation specialized in science and technology pursuant to the Civil Act or any other Act; |
| (l) | Other national or public laboratories or inspection institutions; |
| 3. | Products that a person engaging in a manufacturing business classified according to the Korea Standard Industrial Classification, publicly notified by the Commissioner of the Statistics Korea under Article 22 (1) of the Statistics Act, uses as samples for research and development; |
| 4. | Products to be presented at an exhibition or exposition, not for sale; |
| 5. | Products for testing for safety certification; |
| 6. | Parts imported for repairing and maintaining imported products subject to safety certification, which shall not exceed 2.5 percent of the imported quantity of the relevant products subject to safety certification (limited to parts used for the relevant products subject to safety certification); |
| 7. | Other products specified and publicly notified by the Minister of Trade, Industry and Energy as those for which safety certification under Article 5 (1) of the Act is unnecessary, because the products are only for limited purposes, not for sale or rental to multiple unspecified people. |
| (2) | "Products specified by Presidential Decree" in subparagraph 2 of Article 6 of the Act means the following products: |
| 1. | Products only for exporting, not for domestic sale or rental; |
| 2. | Products exported from the Republic of Korea but returned for repair or maintenance on condition that the products be re-exported. |
| (3) | The scope of exemption from safety certification under Article 6 of the Act shall be as follows: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 1. | In cases falling under any of subparagraphs 1 through 3 of Article 6 of the Act: Exemption from safety certification; |
| 2. | In cases falling under subparagraph 4 of Article 6 of the Act: Exemption from safety certification, product testing, or factory assessment; |
| 3. | In cases falling under subparagraph 5 of Article 6 of the Act: Exemption from product testing or factory assessment: Provided, That a product or factory shall not be exempted from product testing or factory assessment, if the standards for a product test or factory assessment conducted by a domestic or foreign institution with whom a safety certification body under Article 4 (1) of the Act (hereinafter referred to as "safety certification body") has signed an agreement on mutual recognition under Article 4 (3) of the Act, are more lenient than the safety standards for product testing or the standards for factory assessment under the main sentence of Article 5 (3) of the Act; |
| 5. | In cases falling under subparagraph 7 of Article 6 of the Act: Exemption from product testing and from factory assessment; |
| 6. | In cases falling under subparagraph 8 of Article 6 of the Act: Exemption from factory assessment; |
| 7. | In cases falling under subparagraph 9 of Article 6 of the Act: Exemption from safety certification, product testing, or factory assessment: Provided, That a product or factory shall not be exempted from safety certification, product testing, or factory assessment, if the standards for approval of safety under any other statutes are more lenient than the safety standards for product testing or the standards for factory assessment under the main sentence of Article 5 (3) of the Act. |
| Article 9 (Periodic Inspections) |
| (1) | When a safety certification body conducts a periodic inspection on a product subject to safety certification in accordance with Article 7 (1) of the Act, it shall ascertain the following matters: |
| 1. | Whether the relevant product meets the safety standards for product testing under the main sentence of Article 5 (3) of the Act; |
| 2. | Whether the relevant product has passed an internal inspection conducted in accordance with Article 7 (2) of the Act; and whether records of such inspection have been prepared and kept; |
| 3. | Whether the relevant product has been produced in a factory stated in the letter of safety certification issued in the form prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 4. | Whether the relevant product is composed of the same parts as those subject to safety control listed in the letter of safety certification referred to in subparagraph 3; |
| 5. | Whether the relevant product has been subjected to safety control; |
| 6. | Whether the factory in which the relevant product has been manufactured meets the standards for factory assessment under the main sentence of Article 5 (3) of the Act. |
| (2) | When a safety certification body intends to conduct a periodic inspection in accordance with Article 7 (1) of the Act, it shall notify the person subject to the periodic inspection of the inspection plan, including the date and time for inspection, things subject to the inspection, names of inspectors, and other matters necessary for the inspection, by not later than seven days before the date of inspection: Provided, That such notice may be omitted, if the person subject to inspection has a past record of manufacturing a product not conforming to the safety standards for product testing under the main sentence of Article 5 (3) of the Act or if it is deemed impossible to attain the purposes of the periodic inspection, if prior notice is given, because of a potential risk of destroying evidence, etc. |
| (3) | A safety certification body shall prepare a written report on the results of a periodic inspection conducted under paragraph (1) and shall send it to the person who has undergone the periodic inspection. |
| (4) | If a person notified of the results of a periodic inspection under paragraph (3) has an objection to the results, he/she may request the safety certification body to conduct a re-inspection, within 15 days from the date he/she receives the notice of results of the inspection. |
| (5) | Upon receipt of a request for re-inspection under paragraph (4), a safety certification body shall conduct the re-inspection and shall notify the person who requested the re-inspection of the results thereof. |
| (6) | A safety certification body shall notify the Minister of Trade, Industry and Energy or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") of the results of inspections of products that fail to pass regarding the matters specified in paragraph (1), without delay. |
| (7) | A safety certification body shall notify the Minister of Trade, Industry and Energy or the competent Mayor/Do Governor of the following persons: |
| Article 10 (Penalty Surcharges Imposed in Lieu of Suspension of Business Operations for Safety Certification) |
| (2) | The Minister of Trade, Industry and Energy may increase or decrease the amount by not more than 1/2 of the amount specified in paragraph (1), based on the motive for, substance, degree, frequency, etc. of violations. In such cases, the total amount of penalty surcharges increased shall not exceed the maximum amount of a penalty surcharge under Article 13 (1) of the Act. |
| (3) | When the Minister of Trade, Industry and Energy imposes a penalty surcharge under Article 13 (1) of the Act, he/she shall give written notice to pay the penalty surcharge, clearly stating the provision under which the penalty surcharge is imposed, the category of the relevant violation, and the amount of the penalty surcharge. |
| (4) | Upon receipt of the notice under paragraph (3), a person shall pay the penalty surcharge to any of the receiving agencies specified by the Minister of Trade, Industry and Energy, within 20 days: Provided, That if it is impossible to pay the penalty surcharge by the deadline for payment due to a natural disaster or other force majeure event, the person shall pay the penalty surcharge within seven days from the day the disaster or event terminates. |
| (5) | Upon receipt of a penalty surcharge under paragraph (4), a receiving agency shall issue a receipt to the payer and shall notify the Minister of Trade, Industry and Energy of the receipt, without delay. |
CHAPTER III SAFETY CONTROL OF PRODUCTS SUBJECT TO SAFETY VERIFICATION
| Article 11 (Standards for Designating Testing Labs for Safety Verification) |
"Standards prescribed by Presidential Decree for designation, including testing facilities and personnel for performing tests for safety verification" in Article 14 (2) of the Act means the following standards: | 1. | A testing lab shall be a corporation or an organization engaging mainly in safety control of products; |
| 2. | A testing lab shall be a testing and inspection institution, equipped with organs, personnel, and business performance system for conducting product tests for safety verification under Article 14 (1) of the Act (hereinafter referred to as "tests for safety verification"), and accredited by an accrediting organization designated pursuant to Article 23 (2) of the Framework Act on National Standards in regard to the categories related to tests for safety verification of the relevant product; |
| 3. | A testing lab shall be equipped with testing facilities required by the safety standards established pursuant to the main text of Article 15 (3) of the Act for the categories of product to be tested for safety verification, among the products specified by Ordinance of the Ministry of Trade, Industry and Energy as subject to safety verification: Provided, That in cases of special, expensive testing facilities specified and publicly notified by the Minister of Trade, Industry and Energy, a testing lab does not need to own such testing facilities, if it has entered into an agreement or arrangement for leasing and using such facilities with a testing lab owning the facilities; |
| 4. | A testing lab shall place at least two full-time testing workers who have at least five years' work experience in testing at a testing and inspection institution accredited the accrediting organization designated pursuant to Article 23 (2) of the Framework Act on National Standards; |
| 5. | A testing lab shall not be financially supported by any manufacturer or importer and shall be independent in conducting tests for safety verification; |
| 6. | If a testing lab is a corporation or organization from a foreign country, the country shall permit corporations or organizations from the Republic of Korea to conduct tests for safety verification of products or engage in other similar business under the same conditions as corporations or organizations of the country. |
| Article 12 (Exemption from Reporting Safety Verification) |
| (1) | "Products specified by Presidential Decree" in subparagraph 1 of Article 16 of the Act means the following products: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 1. | Products specified in Article 8 (1) 1 through 4; |
| 2. | Products for testing safety verification; |
| 3. | Parts imported for repairing and maintaining imported products subject to safety verification, which shall not exceed 2.5 percent of the imported quantity of the relevant products subject to safety verification (limited to parts used for the relevant products subject to safety verification); |
| 4. | Other products specified and publicly notified by the Minister of Trade, Industry and Energy as those for which a safety verification report under Article 15 (1) of the Act (hereinafter referred to as "safety verification report") is unnecessary, because the products are only for limited purposes, not for sale or rental to multiple unspecified people. |
| (3) | The scope of exemption from reporting safety verification under Article 16 of the Act, shall be as follows: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 1. | In cases falling under any of subparagraphs 1 through 3 of Article 16 of the Act: Full exemption from reporting safety verification; |
| 2. | In cases falling under subparagraph 4 of Article 16 of the Act: Exemption from tests for safety verification for reporting safety verification: Provided, That a product shall not be exempted from tests for safety verification, if the standards for a product test conducted by a domestic or foreign institution with whom a testing lab for safety verification under Article 14 (1) of the Act has signed an agreement on mutual recognition are more lenient than the safety standards for the products subject to safety verification under the main sentence of Article 15 (3) of the Act; |
| 3. | In cases falling under subparagraph 5 or 6 of Article 16 of the Act: Exemption from tests for safety verification for reporting safety verification; |
| 4. | In cases falling under subparagraph 7 of Article 16 of the Act: Full exemption from reporting safety verification or exemption from tests for safety verification for reporting safety verification: Provided, That a product shall not be exempted, if the standards for approval of safety under any other statute are more lenient than the safety standards for products subject to safety verification under the main sentence of Article 15 (3) of the Act. |
| Article 13 (Penalty Surcharges Imposed in Lieu of Suspension of Business Operations for Tests for Safety Verification) |
| (2) | The Minister of Trade, Industry and Energy may increase or decrease the amount by not more than 1/2 of the amount specified in paragraph (1), in consideration of the motive for, substance, degree, frequency, etc. of violations. In such cases, the total amount of penalty surcharges increased shall not exceed the maximum amount of a penalty surcharge under Article 22 (1) of the Act. |
| (3) | Article 10 (3) through (5) shall apply mutatis mutandis to the procedures for imposing and paying penalty surcharges under paragraph (1). |
CHAPTER IV SAFETY CONTROL OF PRODUCTS SUBJECT TO SUPPLIER'S DECLARATION OF CONFORMITY
| Article 14 (Exemption from Supplier's Declaration of Conformity or from Reporting Supplier's Declaration of Conformity) |
| (1) | "Products specified by Presidential Decree" in subparagraph 1 of Article 24 of the Act means the following products: |
| 1. | Products specified in Article 8 (1) 1 through 4; |
| 2. | Products for testing for the supplier's declaration of conformity; |
| 3. | Parts imported for repairing and maintaining imported products subject to the supplier's declaration of conformity, which shall not exceed 2.5 percent of the imported quantity of the relevant products subject to the supplier's declaration of conformity (limited to parts used for the relevant products subject to the supplier's declaration of conformity); |
| 4. | Other products specified and publicly notified by the Minister of Trade, Industry and Energy as those for which the supplier's declaration of conformity under Article 23 (1) of the Act or the reporting of the supplier's declaration of conformity under Article 23 (2) of the Act, is unnecessary because the products are only for limited purposes, not for sale or rental to multiple unspecified people. |
| (3) | The scope of exemption from the supplier's declaration of conformity or from reporting the supplier's declaration of conformity under Article 24 of the Act shall be as follows: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 1. | In cases falling under any of subparagraphs 1 through 3 of Article 24 of the Act: Exemption from the supplier's declaration of conformity or from reporting the supplier's declaration of conformity; |
| 2. | In cases falling under subparagraph 4 of Article 24 of the Act: Exemption from the supplier's declaration of conformity; |
| 3. | In cases falling under subparagraph 5 of Article 24 of the Act: Exemption from the supplier's declaration of conformity or from reporting the supplier's declaration of conformity: Provided, That a product shall not be exempted, if the standards for approval of safety under any other statute are more lenient than the safety standards for products subject to the supplier's declaration of conformity under the main sentence of Article 23 (3) of the Act. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 15 (Order to Improve, Destroy, or Recall Products Subject to Safety Control or to Suspend Selling Such Products) |
| (1) | Pursuant to Article 40 (1) of the Act, a Mayor/Do Governor may issue an order, in any of the following cases, to a manufacturer, importer, distributor, rental business operator, or commercial user (referring to a person who falls under Article 9 (3) 6, 18 (3) 6, or 25 (3) 6 of the Act; hereafter the same shall apply in this Article), sales broker, buying agent, or import agent (hereinafter referred to as "manufacturer or any other specified person") of products subject to safety certification to improve, destroy, or recall the relevant products subject to safety certification or to suspend selling such products (hereinafter referred to as "to suspend selling or to take other measures"): <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 2. | In cases falling under any of Article 40 (1) 3, 5, or 7 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the products within a specified period not exceeding one month but may issue an order to recall or destroy the products within a specified period not exceeding two months, if the person so ordered fails to suspend selling or fails to comply with the order to improve the products. |
| (2) | Pursuant to Article 40 (2) of the Act, a Mayor/Do Governor may issue an order to suspend selling or to take other measures, in any of the following cases, to a manufacturer or any other specified person regarding products subject to safety verification: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 2. | In cases falling under any of Article 32 (2) 3, 5, or 7 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the products within a specified period not exceeding one month but may issue an order to recall or destroy the products within a specified period not exceeding two months, if the person so ordered fails to suspend selling or fails to comply with the order to improve the products. |
| (3) | Pursuant to Article 40 (3) of the Act, in any of the following cases a Mayor/Do Governor may order a manufacturer, an importer, a distributor, a rental business operator, a commercial user, a sales broker or an import agent to suspend sales of any product subject to the supplier's declaration of conformity or to take other required measures for such product: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 1. | In cases falling under any subparagraph of Article 40 (3) 1, 4, or 6 through 8 of the Act: The Mayor/Do Governor may issue an order to suspend selling and to recall or destroy the products within a specified period not exceeding two months; |
| 2. | In cases falling under any subparagraph of Article 40 (3) 2, 3, or 5 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the products within a specified period not exceeding one month but may issue an order to recall or destroy the products within a specified period not exceeding two months, if the person so ordered fails to suspend selling or fails to comply with the order to improve the products. |
| (4) | Pursuant to Article 40 (4) of the Act, in any of the following cases a Mayor/Do Governor may order a manufacturer, an importer, a distributor, a rental business operator, a commercial user, a sales broker or an import agent to suspend sales of any product subject to compliance with safety standards or to take other required measures for such product: <Newly Inserted by Presidential Decree No. 29000, Jun. 26, 2018> |
| 1. | In cases falling under Article 40 (4) 1 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the product within a specified period not exceeding one month and may additionally issue an order to recall or destroy the product within a specified period not exceeding two months, if the person initially ordered to suspend sales and to improve the product does not comply with such order; |
| 2. | In cases falling under any subparagraph of Article 40 (4) 2 through 4 of the Act: The Mayor/Do Governor may issue an order to suspend selling or improve the products within a specified period not exceeding one month and may additionally issue an order to suspend selling, if the person initially ordered to improve the product does not comply with the order. |
| (5) | Pursuant to Article 40 (5) of the Act, a Mayor/Do Governor may issue an order to suspend selling or to take other measures, in any of the following cases, to a manufacturer or any other specified person with regard to consumer products subject to child protective packaging: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 1. | In cases falling under any subparagraph of Article 40 (5) 1, 2, 5, or 6 of the Act: The Mayor/Do Governor may issue an order to suspend selling and to recall or destroy the products within a specified period not exceeding two months; |
| 2. | In cases falling under Article 40 (5) 3 or 4 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the products within a specified period not exceeding one month but may issue an order to recall or destroy the products within a specified period not exceeding two months, if the person so ordered fails to suspend selling or fails to comply with the order to improve the products. |
| (6) | An order to suspend selling of products or to take other measures under paragraphs (1) through (5) shall be issued in writing, including the following matters: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 1. | The company name of the person obliged to comply with the order and the name of its representative; |
| 2. | Grounds for and details of the order; |
| 3. | Period of performance; |
| 4. | The manufacturer's name, product name, model name, and other information with which the products at issue can be identified; |
| 5. | Other matters the Mayor/Do Governor deems necessary for suspending selling the relevant products or taking other measures. |
| (7) | When a Mayor/Do Governor instructs public officials of the local government to destroy or recall a product subject to safety control by themselves under Article 40 (6) of the Act, he/she shall request the manufacturer of the relevant product or any other specified person to be present at the scene to observe the process of destruction or recall: Provided, That a Mayor/Do Governor need not request the manufacturer of the relevant product or any other specified person to be present at the scene, if such person fails to comply with such request or if such person's whereabout is unknown. <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| (8) | When a Mayor/Do Governor intends to issue an order under Article 40 (8) of the Act, he/she shall issue a written order, stating the following matters: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 1. | Matters specified in paragraph (6) 1 through 5; |
| 2. | The method for disclosing the fact that an order to suspend selling or to take other measures is issued (limited to cases falling under Article 40 (8) 1 of the Act); |
| 3. | Other matters that the Mayor/Do Governor deems necessary for disclosing hazards of the relevant products, exchanging products, refunding the price, repairing products, or preventing hazards. |
| (9) | Upon receipt of an order under paragraph (8), a person shall submit a performance plan to the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy; and shall report the results of his/her performance to the Mayor/Do Governor, following such performance. <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| (10) | In order to disclose relevant facts to the public under Article 40 (8) 1 of the Act or to issue an order to exchange products, refund the price, repair products, or take other measures, a Mayor/Do Governor may request a national or public testing agency, safety certification body, or a testing lab for safety verification, to test the hazardousness of the relevant products. <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| Article 16 (Matters to Be Reported) |
The Minister of Trade, Industry and Energy or a Mayor/Do Governor may require any of the persons specified in Article 41 (1) of the Act to report the matters specified in attached Table 1 to ensure safety control of products. [This Article Wholly Amended by Presidential Decree No. 29000, Jun. 26, 2018]
| (1) | The guidelines for imposing fees under Article 43 (1) of the Act shall be as prescribed in attached Table 2. <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| (2) | "Limits specified by Presidential Decree" in the main sentence of Article 43 (2) of the Act means amounts not exceeding the amount specified in subparagraph 4 of attached Table 2. <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| Article 18 (Delegation and Entrustment of Authority) |
| (1) | Pursuant to Article 45 (1) of the Act, the Minister of Trade, Industry and Energy shall delegate his/her authority over the following affairs to the Administrator of the Korean Agency for Technology and Standards: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 6. | Publicly notifying the safety standards for product testing and the standards for factory assessment under the main sentence of Article 5 (3) of the Act; |
| 7. | Revoking designation of safety certification bodies or issuing orders to suspend business operations under Article 12 (1) of the Act; |
| 12. | Publicly notifying safety standards for products subject to safety verification under the main sentence of Article 15 (3) of the Act; |
| 13. | Revoking designation of testing labs for safety verification or issuing orders to suspend business operations of testing labs for safety verification under Article 21 (1) of the Act; |
| 15. | Publicly notifying safety standards for products subject to the supplier's declaration of conformity under the main sentence of Article 23 (3) of the Act; |
| 16. | Publicly notifying safety standards for products subject to compliance with safety standards under the main sentence of Article 28 of the Act; |
| 17. | Publicly notifying safety standards for products subject to child protective packaging under the main sentence of Article 32 (3) of the Act; |
| 23. | Reflecting the results of assessment of hazards in safety standards for products subject to safety control under Article 46 of the Act; |
| 24. | Safety control of ingredients, materials and substances (hereinafter referred to as "raw materials") used for products subject to safety control under Article 47 of the Act; |
| 27. | Publicly notifying products exempted from safety certification under Article 8 (1) 7 hereof; |
| 28. | Publicly notifying special, expensive testing facilities under the proviso to subparagraph 3 of Article 11 hereof; |
| 29. | Publicly notifying products exempted from reporting safety verification under Article 12 (1) 4 hereof; |
| 30. | Publicly notifying products exempted from the supplier's declaration of conformity or from reporting the supplier's declaration of conformity under Article 14 (1) 4 hereof. |
| 1. | Affairs relating to confirming the exemption of products from safety certification, where products subject to safety certification are manufactured or imported for research and development, exhibition, or product testing under subparagraph 1 of Article 6 of the Act; |
| 2. | Affairs relating to confirming the exemption of products from reporting safety verification, where products subject to safety verification are manufactured or imported for research and development, exhibition, or product testing under subparagraph 1 of Article 16 of the Act; |
| 3. | Affairs relating to reports on a supplier's declaration of conformity and reports on a change under Article 23 (2) of the Act; |
| 4. | Affairs relating to confirmation on the exemption of products from the supplier's declaration of conformity or from reporting the supplier's declaration of conformity, where products subject to the supplier's declaration of conformity are manufactured or imported for research and development, exhibition, or product testing under subparagraph 1 of Article 24 of the Act; |
| 5. | Affairs relating to confirmation on exemption from using child protective packaging under the proviso to Article 32 (1) of the Act. |
| (3) | Pursuant to Article 45 (2) of the Act, the Minister of Trade, Industry and Energy shall entrust the following affairs to the head of a safety certification body. In such cases, he/she shall give public notice of the name, representative, location of the safety certification body, the details of entrusted affairs, etc. through the Official Gazette: <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| 3. | Affairs relating to prohibiting the use of the mark of the supplier's declaration of conformity under Article 27 of the Act; |
| 4. | Affairs relating to orders to improve marks or labels of consumer products subject to compliance with safety standards under Article 31 of the Act; |
| 5. | Affairs relating to reports on consumer products subject to child protective packaging; and reports on a change under Article 32 (2) of the Act. |
| Article 19 (Safety Control of Raw Materials for Products Subject to Safety Control) |
"Measures prescribed by Presidential Decree" in subparagraph 3 of Article 47 of the Act means the following: | 1. | Recommending the distribution and utilization of methods for measuring and assessing hazards of raw materials, technologies for analysis, and data about safety; |
| 2. | Recommending related administrative agencies, public institutions, etc. to guide and supervise manufacturers or importers within their jurisdiction so that they can secure safety in handling raw materials. |
[This Article Newly Inserted by Presidential Decree No. 29000, Jun. 26, 2018]
| Article 20 (Guidelines for Imposing Administrative Fines) |
| (1) | The guidelines for imposing administrative fines under Article 51 (1) and (2) of the Act shall be as prescribed in attached Table 3. <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
| (3) | The administrative fines under Article 51 (1) 4 and Article 51 (2) 11 of the Act shall be imposed and collected by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 29000, Jun. 26, 2018> |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Article 2 (Repeal of Other Statutes or Regulations)
Article 3 Omitted.
Article 4 (Relationship to Other Statutes or Regulations)
ADDENDA <Presidential Decree No. 29000, Jun. 26, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2018.
Article 2 (Transitional Measures concerning Suspension of Sales for Consumer Products Subject to Compliance with Safety Standards)
Notwithstanding the amended provisions of Article 15 (4), the previous provisions shall apply where an order is issued to improve, destroy or recall any consumer product subject to compliance with safety standards or to suspend sales of the product on account of a violation committed in connection with such product before this Decree enters into force.
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.