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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON THE SAFETY OF PRODUCTS

Presidential Decree No. 22651, Jan. 28, 2011

Amended by Presidential Decree No. 24060, Aug. 22, 2012

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 24955, Dec. 11, 2013

Presidential Decree No. 25393, jun. 25, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26441, Jul. 24, 2015

Presidential Decree No. 26646, Nov. 18, 2015

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27806, Jan. 26, 2017

Presidential Decree No. 28316, Sep. 19, 2017

Presidential Decree No. 28961, jun. 12, 2018

Presidential Decree No. 29175, Sep. 18, 2018

Presidential Decree No. 30106, Oct. 8, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Framework Act on the Safety of Products and matters necessary for enforcing said Act.
CHAPTER II FORMULATION OF COMPREHENSIVE PLANS FOR PRODUCT SAFETY MANAGEMENT
 Article 2 (Formulation of Comprehensive Plans for Product Safety Management)
(1) The Minister of Trade, Industry and Energy shall formulate a comprehensive plan for product safety management (hereinafter referred to as "comprehensive plan") pursuant to Article 7 (1) of the Framework Act on the Safety of Products (hereinafter referred to as the "Act"). <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) Where the Minister of Trade, Industry and Energy prepares a comprehensive plan pursuant to paragraph (1), he or she shall consult with the heads of related central administrative agencies and consider the opinions of 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 a "Mayor/Do Governor"). <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26441, Jul. 24, 2015>
(3) Where necessary to formulate a comprehensive plan, the Minister of Trade, Industry and Energy may request the heads of related central administrative agencies or Mayors/Do Governors to submit relevant data. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(4) Where the Minister of Trade, Industry and Energy has formulated a comprehensive plan, he or she shall notify the heads of related central administrative agencies and Mayors/Do Governors of the comprehensive plan. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 2-2 (Composition and Operation of Product Safety Policy Council)
(1) "Central administrative agencies prescribed by Presidential Decree" in Article 7-2 (2) of the Act means the following central administrative agencies:
1. The Ministry of Science and ICT;
2. The Ministry of the Interior and Safety;
3. The Ministry of Trade, Industry and Energy;
4. The Ministry of Health and Welfare;
5. The Ministry of Environment;
6. The Ministry of Employment and Labor;
7. The Ministry of Land, Infrastructure and Transport;
8. The Office for Government Policy Coordination;
9. The Fair Trade Commission;
10. The Ministry of Food and Drug Safety;
11. The Korea Customs Service;
12. The Korean National Police Agency.
(2) The Product Safety Policy Council under Article 7-2 of the Act (hereinafter referred to as the "Policy Council") shall consist of the chairperson and members each of whom is appointed by the head of the relevant central administrative agency from among the members of the Senior Executive Services of the central administrative agencies listed in the subparagraphs of paragraph (1).
(3) The chairperson of the Policy Council (hereafter in this Article, referred to as the "chairperson") shall represent the Policy Council and administer all of its business affairs.
(4) A member of the Policy Council who belongs to the Ministry of Trade, Industry and Energy shall serve as the secretary of the Policy Council under Article 7-2 (3) of the Act.
(5) Where the chairperson is unable to perform his or her duties due to extenuating circumstances, a member of the Policy Council pre-appointed by the chairperson shall perform the duties on behalf of the chairperson.
(6) The chairperson shall convene and chair meetings of the Policy Council.
(7) A quorum for the Policy Council meetings shall be a majority of the incumbent members, and the meetings shall pass resolutions with concurring votes of a majority of the members present.
(8) Where necessary for efficient cooperation among government agencies, the chairperson may establish a subcouncil for each agenda item which consists of the members of the Policy Council of related central administrative agencies.
(9) Where necessary to discuss and coordinate agenda items, the chairperson may request related agencies, public officials, experts, etc. to submit materials, provide their opinions, or cooperate in other necessary matters.
(10) Except as otherwise expressly provided for in paragraphs (1) through (9), matters necessary for organizing and operating the Policy Council and each subcouncil shall be determined by the chairperson through resolutions adopted by the Policy Council.
[This Article Newly Inserted by Presidential Decree No. 28316, Sep. 19, 2017]
 Article 2-3 (Composition and Operation of Working Council)
(1) A working council under Article 7-2 (4) of the Act shall review and coordinate the following at a practical level:
1. Matters which require prior review and coordination for agenda items of the Policy Council;
2. Other matters the chairperson of the Policy Council requests the working council to discuss at a practical level.
(2) The Administrator of the Korean Agency for Technology and Standards shall serve as the chairperson of the working council (hereafter in this Article, referred to as the "chairperson"); and one person each appointed by the head of the relevant central administrative agency from among public officials of Grade IV or above or equivalent thereto (including members of the Senior Executive Service) who belong to the central administrative agencies listed in the subparagraphs of Article 2-2 (1) shall serve as members of the working council.
(3) One secretary shall be assigned to the working council, and a member of the working council who belongs to the Ministry of Trade, Industry and Energy shall serve as the secretary.
(4) Where the chairperson is unable to perform his or her duties due to extenuating circumstances, a person pre-appointed by the chairperson from among members of the Senior Executive Service of the Ministry of Trade, Industry and Energy shall perform the duties on behalf of the chairperson.
(5) Article 2-2 (3) and (6) through (10) shall apply mutatis mutandis to establishing and operating the working council. In such cases, "Policy Council" shall be construed as "working council".
[This Article Newly Inserted by Presidential Decree No. 28316, Sep. 19, 2017]
 Article 3 (Scope of Statistical Surveys and Survey Targets)
The scope of statistical surveys and survey targets to produce statistics on product accidents and product defects under Article 8 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 26441, Jul. 24, 2015; Presidential Decree No. 26646, Nov. 18, 2015>
1. Matters concerning products which fail to meet safety standards and products with risks verified through safety inspections under Article 9 (1), 9-2 (1), or 9-3 (1) of the Act;
2. Matters concerning products which business entities have been recommended or ordered to recall, destroy, repair, exchange, refund, or improve, to manufacture or distribute, or to take other necessary measures (hereinafter referred to as "recall, etc.") pursuant to Articles 10 and 11 of the Act;
3. Matters concerning products that business entities have recalled pursuant to Article 13 of the Act;
3-2. Matters concerning products that business entities have reported pursuant to Article 13-2 of the Act;
4. Matters concerning accidents under Article 15 (1) of the Act;
5. Other matters necessary to formulate a comprehensive plan.
CHAPTER III MEANS TO SECURE PRODUCT SAFETY
 Article 4 (Procedures for Safety Inspections)
(1) Where necessary for conducting a safety inspection pursuant to Article 9 (1), 9-2 (1), or 9-3 (1) of the Act, the head of a central administrative agency may outsource testing, inspections, etc. as to the risk of a product, to any of the following institutions or organizations: <Amended by Presidential Decree No. 25393, Jun. 25, 2014; Presidential Decree No. 26441, Jul. 24, 2015; Presidential Decree No. 26646, Nov. 18, 2015; Presidential Decree No. 27806, Jan. 26, 2017; Presidential Decree No. 29175, Sep. 18, 2018>
1. The Korean Institute of Product Safety established under Article 21-2 (1) of the Act (hereinafter referred to as "KIPS");
3. Testing and inspection agencies accredited pursuant to Article 23 of the Framework Act on National Standards;
4. The Korea Consumer Agency under Article 33 of the Framework Act on Consumers;
6. Deleted; <by Presidential Decree No. 27806, Jan. 26, 2017>
7. Other institutions or organizations accredited by the heads of central administrative agencies, as having expertise in product safety inspections.
(2) In cases of outsourcing testing, inspections, etc. under paragraph (1), no head of a central administrative agency shall do so to any institution or organization which has certified the product safety of the relevant product: Provided, That where deemed that the risk of a product can be tested, inspected, etc. only by the institution or organization which has certified the product safety of the relevant product, the head of a central administrative agency may outsource the testing, inspections, etc. to such institution or organization. <Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015>
(3) The plan for a safety inspection shall include the following on the relevant product:
1. Product name, model, photographs of the product, and certification number;
2. Quantity of products to be inspected;
3. Date of manufacture or import;
4. Country of manufacture;
5. Name, address, and contact details of the business entity;
6. Other matters necessary to conduct a safety inspection.
(4) Where the risk of a product has been identified or is likely to be through a safety inspection, the head of a central administrative agency shall, without delay, notify the relevant business entity and the safety certification agency which has certified the relevant product safety of the fact.
 Article 5 (Retaining Findings of Safety Inspections)
(1) Where the head of a central administrative agency conducts safety inspections pursuant to Article 9 (1), 9-2 (1), or 9-3 (1) of the Act, he or she shall retain the details and findings of safety inspections for three years. In such cases, he or she may prepare and retain the details and findings of safety inspections in electronic form. <Amended by Presidential Decree No. 26646, Nov. 18, 2015>
(2) A business entity or consumer who intends to access the findings of the safety inspection on the relevant product pursuant to Article 9 (2) of the Act shall request the head of a central administrative agency to access such findings. In such cases, the head of the competent central administrative agency shall allow the business entity or consumer who has filed such request to access the details and findings of the safety inspection, except in extenuating circumstances. <Amended by Presidential Decree No. 26441, Jul. 24, 2015>
(3) A consumer who intends to access the details and findings of the safety inspection pursuant to paragraph (2) shall submit a request for access to findings of product safety inspection in attached Form 1 to the head of the competent central administrative agency. <Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015>
(4) The scope of the details and findings of the safety inspection accessible by a consumer who has submitted a request for access pursuant to paragraph (3) shall be as follows: <Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015>
1. Name of the business entity, and name and model of the relevant product;
2. Whether the relevant product meets safety standards.
 Article 5-2 (Requests for Safety Inspections)
(1) "At least a certain number of consumers prescribed by Presidential Decree" in the provision, with the exception of the subparagraphs, of Article 9-2 (1) of the Act means at least five consumers.
(2) "Grounds for making a request, the scope of the request, and requirements prescribed by Presidential Decree, such as preparing certificates to identify consumers" in the provision, with the exception of the subparagraphs, of Article 9-2 (1) of the Act means the following:
1. Grounds for making a request and the scope of the request shall be specified;
2. A certificate to identify consumers shall be submitted;
3. The name of the business entity and the name and model of the product to be inspected upon request shall be specified.
(3) A consumer who intends to request a safety inspection pursuant to Article 9-2 (1) of the Act shall submit a request for product safety inspection in attached Form 1-2 to the head of a related central administrative agency.
(4) Where the head of a central administrative agency, in receipt of a request for product safety inspection under paragraph (3), deems that the matters requested do not fall under the subparagraphs of Article 9-2 (1) of the Act, he or she shall, without delay, conduct the safety inspection.
(5) The head of a central administrative agency shall give written notice of the findings of a safety inspection, to the representative of consumers who have requested the safety inspection pursuant to the former part of Article 9-2 (2) of the Act. In such cases, where consumers have requested any particular method of notification, he or she shall notify consumers by the method requested.
(6) The head of a central administrative agency may require consumers who have requested a safety inspection pursuant to the latter part of Article 9-2 (2) of the Act to pay fees fixed based on expenses incurred in purchasing materials or labor cost of an institution or organization to which testing, inspections, etc. are outsourced pursuant to Article 4 (1).
(7) A consumer shall pay a fee under paragraph (6) with a revenue stamp. In such cases, the consumer may pay a fee with electronic money, by electronic payment, etc. using an information and communications network.
[This Article Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015]
 Article 5-3 (Sharing of Information on Imported Products)
(1) "Such product as prescribed by Presidential Decree" in Article 9-3 (1) of the Act means children's products subject to safety management defined in subparagraph 13 of Article 2 of the Special Act on the Safety of Children’s Products.
(2) "Information prescribed by Presidential Decree, such as information on business entities who distribute illegal or defective products" in Article 9-3 (2) of the Act means the following:
1. Business registration number, trade name, address, contact details, and the name of the representative, of a business entity who distributes illegal or defective products;
2. Business registration number, trade name, address, contact details, and the name of the representative, of a business entity on whom an administrative measure or penalty has been imposed for violating safety requirements prescribed by individual statutes;
3. Names, models, quantities, and the dates of customs clearance, of products subject to safety management under Article 9 (1) 1 of the Act and products under paragraph (1); and the names and business registration numbers of business entities who distribute the relevant products, and the import declaration numbers;
4. Other information concerning illegal or defective products which the head of a central administrative agency deems necessary for managing the safety of imported products in consultation with the Commissioner of the Korea Customs Service.
(3) Any business entity who intends to access the findings of a safety inspection on the imported product pursuant to Article 9-3 (3) of the Act shall request the head of a central administrative agency to access such findings. In such cases, the head of the competent central administrative agency shall allow the business entity to access the details and findings of the safety inspection, except in extenuating circumstances.
[This Article Newly Inserted by Presidential Decree No. 26646, Nov. 18, 2015]
 Article 5-4 (Safety Inspections on Imported Products and Follow-Up Measures)
(1) Where the Commissioner of the Korea Customs Service is requested to return or destroy an imported product before customs clearance pursuant to the main sentence of Article 9-3 (4) of the Act, he or she shall take necessary measures pursuant to Article 160 or 241 of the Customs Act.
(2) Where the head of a central administrative agency requests the Commissioner of the Korea Customs Service to take improvement measures pursuant to the main sentence of Article 9-3 (4) of the Act, the Commissioner of the Korea Customs Service may require the business entity of the relevant product to take improvement measures. In such cases, the business entity shall take improvement measures, except in extenuating circumstances.
(3) Significant defects under Article 9-3 (4) 2 of the Act shall be as follows:
1. A defect which poses or is likely to pose the following harm to consumers due to the lack of safety normally expected regarding the manufacture, distribution, or use of a product:
(a) Death;
(b) Physical injury, such as a fracture, suffocation, a burn or electric shock, or disease which requires medical treatment for at least four weeks in a medical institution under Article 3 (2) of the Medical Service Act;
2. A defect which causes or is likely to cause a fire or explosion.
[This Article Newly Inserted by Presidential Decree No. 26646, Nov. 18, 2015]
 Article 6 (Procedures for Recall Recommendations)
(1) Where the head of a central administrative agency recommends a business entity to implement a recall, etc. pursuant to Article 10 (1) of the Act, he or she shall issue the document (including an electronic document), specifically stating the following:
1. Name, trademark, and model name of the relevant product;
2. Grounds for issuing a recommendation and the details thereof;
3. Trade name of the manufacturer or importer of the relevant product and the name of the representative thereof;
4. Deadline for notifying whether the business entity will accept the recommendation;
5. Measures to be taken when the business entity refuses to accept the recommendation;
6. Other matters the head of a central administrative agency deems necessary for the business entity to implement the recall, etc.
(2) A business entity, in receipt of a recall recommendation, etc. under paragraph (1), shall notify the head of a central administrative agency of whether he or she accepts the recommendation in writing, stating the following, within ten days:
1. Trade name of the business entity and the name of the representative thereof;
2. Whether he or she accepts the recommendation;
3. The serial number or lot number of the relevant product;
4. A plan to take measures, such as the timing and method for the recall, etc.;
5. In cases of refusing to accept the recommendation, the grounds for such refusal.
 Article 7 (Methods of Publication)
The head of a central administrative agency may publish the following through newspapers, broadcast media, or the product safety information network specified in Article 16 (1) of the Act pursuant to Article 10 (2) of the Act:
1. Name, trademark, and model name of the relevant product;
2. The serial number or lot number of the relevant product;
3. Grounds for issuing recommendations and the details thereof;
4. Trade name of the business responsible for complying with the recommendations and the name of the representative thereof;
5. Other matters the head of a central administrative agency deems necessary to protect consumers.
 Article 8 (Reports on Status of Product Recalls)
(1) "Matters prescribed by Presidential Decree, such as the outcomes of taking measures" in Article 10 (3) of the Act means the following:
1. Matters recommended by the head of a central administrative agency on the recall, etc.;
2. Details of the recall, etc. and the amount of products recalled;
3. Measures to be taken for the products that failed to be recalled, etc.;
4. Measures to prevent recurrence of harms.
(2) A person who intends to file a report under Article 10 (3) of the Act shall submit a report on status of product recalls in attached Form 1-3 to the head of a central administrative agency. <Amended by Presidential Decree No. 26441, Jul. 24, 2015>
 Article 9 (Procedures for Issuing Orders for Product Recalls)
(1) Where the head of a central administrative agency issues an order for a product recall, etc. pursuant to Article 11 (1) of the Act, he or she shall issue the document (including an electronic document) stating the following:
1. Name, trademark, and model name of the relevant product;
2. The serial number or lot number of the relevant product;
3. Grounds for issuing an order for a product recall, etc., and the details thereof;
4. Trade name of the manufacturer or the importer of the relevant product and the name of the representative thereof;
5. Timing and methods for the recall, etc.;
6. Other matters the head of a central administrative agency deems necessary to issue an order for a product recall, etc.
(2) Article 7 shall apply mutatis mutandis to the publication under Article 11 (1) of the Act. In such cases, "recommendation" shall be construed as "order".
 Article 10 (Scope of Significant Defects)
"Significant defects prescribed by Presidential Decree" in Article 11 (1) 3 of the Act means the defects referred to in the subparagraphs of Article 5-4 (3). <Amended by Presidential Decree No. 26441, Jul. 24, 2015; Presidential Decree No. 26646, Nov. 18, 2015>
1. and 2. Deleted. <by Presidential Decree No. 26646, Nov. 18, 2015>
 Article 11 (Matters to Be Reported)
(1) "Matters prescribed by Presidential Decree, such as the result of measures taken" in Article 11 (2) of the Act means the matters referred to in the subparagraphs of Article 8 (1). In such cases, "recommendation" shall be construed as "order".
(2) Article 8 (2) shall apply mutatis mutandis to the procedures for reporting under Article 11 (2) of the Act.
 Article 12 (Measures, Such as Direct Recalls of Products)
The Administrative Vicarious Execution Act shall apply to the procedures for collecting expenses incurred in implementing a recall, etc. under the latter part of Article 11 (3) of the Act. <Amended by Presidential Decree No. 26441, Jul. 24, 2015>
 Article 13 (Procedures for Filing Application for Withdrawal of Recommendation)
(1) A business entity who intends to raise an objection against a recommendation or order for recall, etc. pursuant to Article 12 (1) of the Act shall submit an application for withdrawal of recommendation or order for recall, etc. in attached Form 2 to the head of the competent central administrative agency.
(2) Where the head of the competent central administrative agency extends the time frame for determining whether to withdraw a recommendation or order for recall, etc. pursuant to the proviso of Article 12 (2) of the Act, he or she shall notify the applicant in writing, specifically stating the grounds for extending the time frame, the time frame to be extended, etc.
(3) Where the head of the competent central administrative agency determines whether to fully or partially withdraw a recommendation or order for recall, etc. pursuant to Article 12 (2) of the Act, he or she shall immediately notify a business entity who has filed an application for withdrawal of his or her determination. In such cases, where he or she has published his or her recommendation or order pursuant to Article 10 (2) or 11 (1) of the Act, the withdrawal of such recommendation or order shall be published in the same manner as his or her recommendation or order.
 Article 14 (Methods of Voluntary Product Recalls)
(1) A report under Article 13 (1) of the Act shall include the following:
1. Name, trademark, kind, grade, and designation of the product under voluntary recall;
2. An item number of the product under voluntary recall and the date of manufacture (where the date of manufacture is unknown, referring to the date of import).
(2) Where a business entity intends to implement a recall, etc. under Article 13 (1) of the Act, he or she shall submit a product recall plan in attached Form 3 to the head of the competent central administrative agency within ten days from the date he or she becomes aware of the product’s harms.
(3) Where the head of the competent central administrative agency, in receipt of a product recall plan under paragraph (2), deems such plan insufficient to eliminate risks associated with the relevant product, he or she may require a business entity to rectify deficiencies.
(4) A person who intends to file a report under Article 13 (2) of the Act shall submit a report on status of voluntary product recall, etc. in attached Form 4 to the head of the competent central administrative agency.
(5) A person who intends to file a report under the main sentence of Article 13 (3) of the Act shall submit a report on status of product recall, etc. in foreign countries in attached Form 5 to the head of the competent central administrative agency. <Newly Inserted by Presidential Decree No. 24060, Aug. 22, 2012>
 Article 14-2 (Business Entities’ Duties to Report)
(1) "Accidents prescribed by Presidential Decree, such as an accident that occurs due to user negligence" in the provision, with the exception of the subparagraphs, of Article 13-2 (1) of the Act means the following:
1. An accident which occurs due to negligent operation of a motor vehicle, motor, bicycle, vessel, train, or aircraft;
2. An accident in which case the consumer committed suicide or injured himself or herself or intentionally injured or killed another person using the product;
3. An accident which occurs due to the same product as reported by a business entity or another business entity;
4. An accident reported pursuant to individual statutes.
(2) "Matters prescribed by Presidential Decree, such as the name of the relevant product, the details of the accident, and the quantity sold" in the provision, with the exception of the subparagraphs, of Article 13-2 (1) of the Act means the following:
1. Name, trademark, and model name of the relevant product;
2. How, when, and where the accident occurs;
3. Quantity of the product sold and the period during which the product was sold;
4. Period of manufacture and the quantity of the product manufactured.
(3) "Accidents prescribed by Presidential Decree, such as where the same product causes recurring accidents" in Article 13-2 (1) 4 of the Act means the following:
1. An accident in which the same product has caused an injury or disease at least three times, which requires medical treatment in a medical institution referred to in Article 3 of the Medical Service Act;
2. An accident in which at least three persons have suffered an injury or disease, which requires medical treatment in a medical institution referred to in Article 3 of the Medical Service Act;
3. An accident specified in Article 13-2 (1) 1 through 3 of the Act, which has occurred in a foreign country due to the same product as the product distributed in the market.
(4) A person who intends to file a report under Article 13-2 (1) of the Act shall submit a report on product accident in attached Form 5-2 to the head of the competent central administrative agency within 48 hours from the time he or she becomes aware of the accident.
[This Article Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015]
 Article 14-3 (Accident Investigations by Business Entities)
(1) "Matters prescribed by Presidential Decree, such as the frequency of the accident and the level of harm caused by the accident" in Article 13-3 (1) of the Act means the following:
1. Number of times the same product has caused an accident specified in any subparagraph of Article 13-2 (1) of the Act (excluding an accident specified in the subparagraphs of Article 14-2 (1); hereinafter referred to as "significant accident") for a specified period;
2. Degree of danger or harm to health, safety, or property caused by the relevant significant accident;
3. How often consumers use the same product, and the quantity of the product sold;
4. Sales or total assets of the relevant business entity (referring to the manufacturer or importer; hereafter in this Article, the same shall apply), the status of personnel, technology, etc.
(2) Upon receipt of an order to investigate an accident pursuant to Article 13-3 (1) of the Act, the relevant business entity shall prepare an accident investigation plan and submit it to the head of the competent central administrative agency, within seven days after receipt of such order; and shall take measures necessary for investigating the accident by organizing an investigation team consisting of experts on the relevant product which has caused a significant accident.
(3) Where a business entity receives an order to supplement an accident investigation plan submitted pursuant to paragraph (2) from the head of the competent central administrative agency, he or she shall submit a revised accident investigation plan within three days after receipt of such order.
(4) Article 16 (1) shall apply mutatis mutandis to the method of investigating accidents.
(5) A business entity shall submit a report on the findings from an accident investigation to the head of the competent central administrative agency, within three months after receipt of an order to investigate an accident under Article 13-3 (1) of the Act: Provided, That where the cause of the accident has not yet been determined, or where any other extenuating circumstances exist whereby it is impossible to submit the report within the period, the business entity may report to the head of the competent central administrative agency on such circumstances and may be granted an extension of the submission deadline.
(6) Where a business entity receives an order to supplement a report on the findings from an accident investigation submitted pursuant to paragraph (5) from the head of the competent central administrative agency, he or she shall submit a revised report within one month after receipt of such order.
(7) Product accident investigation centers designated pursuant to Article 15 (2) of the Act, KIPS, and testing and inspection agencies accredited pursuant to Article 23 of the Framework Act on National Standards may provide administrative or technical support for an accident investigation upon request by a business entity. <Amended by Presidential Decree No. 29175, Sep. 18, 2018>
[This Article Newly Inserted by Presidential Decree No. 28961, Jun. 12, 2018]
 Article 15 (Scope of Data Requested to Be Submitted)
In order to ascertain the circumstances and causes of an accident (hereinafter referred to as "product accident") under the former part of Article 15 (1) of the Act and to take necessary safety measures, a business entity or the head of an agency referred to in the subparagraphs of Article 15 (1) of the Act may be requested to submit the following scope of data: <Amended by Presidential Decree No. 26441, Jul. 24, 2015>
1. Data regarding the manufacture, design, or description of the relevant product;
2. Data regarding the quantity, sale, etc. of the product manufactured or distributed;
2-2. Data regarding any harm or damage to health, safety, or property caused by the relevant product (excluding personal information defined in subparagraph 1 of Article 2 of the Personal Information Protection Act);
2-3. Data regarding the findings of inspections independently performed on the product safety, and analysis of experiments and tests conducted by a business entity or an agency referred to in the subparagraphs of Article 15 (1) of the Act;
2-4. Data regarding cases in which the product which has caused the accident has violated statutes;
3. Other data necessary to ascertain the circumstances and causes of product accidents.
 Article 16 (Methods of Investigating Product Accidents)
(1) Methods of investigating a product accident under Article 15 (2) of the Act shall be as follows:
1. On-site inspection or appraisal of facilities, products, etc. associated with the product accident;
2. Inquiring the fact or information related to the product accident.
(2) Where necessary to investigate a product accident, the head of a central administrative agency may require an employee of a product accident investigation center designated pursuant to Article 15 (2) of the Act to visit a certain place or facility to inspect or appraise the facilities, product manufacturing process, products, or data. In such cases, he or she may request relevant persons to appear and make statements.
(3) A person who conducts an on-site inspection pursuant to paragraph (2) shall carry a certificate of product accident investigator in attached Form 6 and present it to the relevant persons. <Amended by Presidential Decree No. 24060, Aug. 22, 2012>
 Article 17 (Designation of Product Accident Investigation Centers)
(1) Requirements for designating a product accident investigation center under Article 15 (2) of the Act (hereinafter referred to as "product accident investigation center") shall be as follows:
1. It shall be a nonprofit corporation or nonprofit organization;
2. It shall be a corporation or organization recognized as a testing or inspection agency pursuant to Article 23 of the Framework Act on National Standards;
3. It shall have a division exclusively responsible for product accident investigation;
4. It shall be independent in all aspects of investigative activities, such as not receiving financial support from business entities.
(2) Where the head of a central administrative agency designates a product accident investigation center pursuant to Article 15 (2) of the Act, he or she shall issue a certificate of designation of product accident investigation center in attached Form 7. <Amended by Presidential Decree No. 24060, Aug. 22, 2012>
(3) The head of a central administrative agency may subsidize expenses incurred in investigating accidents to a product accident investigation center.
 Article 17-2 (Methods of Publishing Findings of Safety Inspections)
(1) The head of a central administrative agency may publish the following through the product safety information network under Article 16 (1) of the Act; newspapers under subparagraph 1 of Article 2 of the Act on the Promotion of Newspapers, Etc.; or broadcast media under subparagraph 1 of Article 2 of the Broadcasting Act, pursuant to Article 15-2 (1) of the Act:
1. Name, model, and photographs of the relevant product;
2. Trade name of the business entity of the relevant product and the name of the representative thereof;
3. Details and findings of safety inspections under Article 9 (1) of the Act or details and findings of product accident investigation under Article 15 (2) of the Act.
(2) The head of a local government or public institution who intends to publish the findings of safety inspections pursuant to Article 15-2 (2) of the Act shall pre-notify the head of the competent central administrative agency of such findings five days prior to the scheduled date of publication: Provided, That where the head of a local government or public institution deems it urgent to prevent any harm or damage to health or safety of consumers and the spread thereof, he or she may immediately publish the findings thereof after notifying the head of the competent central administrative agency thereof.
[This Article Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015]
CHAPTER IV CREATION OF FOUNDATION FOR PRODUCT SAFETY MANAGEMENT
 Article 18 (Sharing of Product Safety Information Network)
(1) Where the head of a central administrative agency establishes a product safety information network pursuant to Article 16 (1) of the Act, he or she shall develop measures to link the product safety information network to product safety information networks of related central administrative agencies to share information referred to in the aforesaid paragraph (hereafter in this Article, referred to as "information related to product safety").
(2) The Minister of Trade, Industry and Energy may prescribe the scope of information related to product safety, the method of using such information, etc. in consultation with the heads of related central administrative agencies to share information related to product safety pursuant to Article 16 (2) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 19 (Methods of Providing Education and Training Programs on Product Safety)
The head of a central administrative agency may formulate and implement a plan which includes the following to comprehensively and systematically provide education and training programs under Article 17 (1) of the Act:
1. Basic direction-setting for education and training;
2. Persons subject to education and training and methods of providing education and training programs;
3. Details of education and training;
4. Other matters necessary for education and training.
 Article 20 (Methods of Publicity on Product Safety)
Methods of publicizing necessary information to consumers under Article 17 (1) of the Act shall be as follows:
1. Using information and communication media;
2. Supporting publicity activities of consumer organizations;
3. Providing experience programs, such as field training;
4. Utilizing noncommercial public service advertisements under Article 73 (4) of the Broadcasting Act;
5. Other methods the head of a central administrative agency deems suitable for publicizing information related to product safety to consumers.
 Article 20-2 (Contributions to Research on Product Safety)
"Corporations or organizations that conduct affairs related to product safety prescribed by Presidential Decree" in Article 18 (1) of the Act means the following corporations or organizations: <Amended by Presidential Decree No. 29175, Sep. 18, 2018>
1. KIPS;
2. The Korea Institute for Advancement of Technology under Article 38 (1) of the Industrial Technology Innovation Promotion Act;
3. Other corporations or organizations deemed by the head of a central administrative agency as having expertise in conducting affairs related to product safety.
[This Article Newly Inserted by Presidential Decree No. 26441, Jul. 24, 2015]
 Article 21 (Standards for Payment, Use, and Management of Contributions)
(1) Where the head of a central administrative agency contributes funds pursuant to Article 18 of the Act, he or she may contribute funds in a lump sum or installments in consideration of the progress of research and technical development concerning product safety.
(2) A person who receives contributions pursuant to paragraph (1) shall manage such contributions in a separate account, and use funds to cover the following expenses related to researches and technical development concerning product safety, as prescribed by the head of a central administrative agency:
1. Labor costs (excluding labor costs unrelated to research and development), such as internal labor costs and external labor costs;
2. Direct costs, such as the costs of research equipment and materials, the costs of research activities, and research allowances;
3. Indirect costs, such as costs incurred in supporting human resources, research activities, and utilizing outcomes;
4. Costs of research and development entrusted.
(3) Where a person who receives contributions pursuant to paragraph (1) uses funds for other than the purposes referred to in paragraph (2) without any just cause, the head of a central administrative agency may require him or her to return all or some of such contributions.
 Article 22 (Cooperation to Prevent Dangerous Product Accidents)
"Market monitoring and other business matters prescribed by Presidential Decree" in Article 19 (1) of the Act means the following:
1. Market monitoring to collect information on the risks of products distributed and guidance on product safety management;
2. Inspecting harm or damage caused by products;
3. Safety inspection of products distributed;
4. Other matters the head of a central administrative agency deems necessary to prevent product accidents.
 Article 23 Deleted. <by Presidential Decree No. 29175, Sep. 18, 2018>
CHAPTER IV-2 KOREAN INSTITUTE OF PRODUCT SAFETY
 Article 23-2 (Articles of Incorporation)
The articles of incorporation of KIPS shall include the following:
1. Objectives;
2. Name;
3. Principal place of business;
4. Operation of the board of directors;
5. Executive officers and employees;
6. Affairs and performance thereof;
7. Property and accounting of KIPS;
8. Amendment of the articles of incorporation;
9. Method of giving public announcement;
10. Establishment, amendment, and repeal of by-laws.
[This Article Newly Inserted by Presidential Decree No. 29175, Sep. 18, 2018]
 Article 23-3 (Executive Officers)
(1) KIPS shall have up to eleven directors, including one head of KIPS (hereinafter referred to as the "President"), and one auditor, as prescribed by its articles of incorporation.
(2) Employees of KIPS shall be appointed and dismissed by the President, as prescribed by its articles of incorporation.
[This Article Newly Inserted by Presidential Decree No. 29175, Sep. 18, 2018]
 Article 23-4 (Duties of Executive Officers)
(1) The President shall represent KIPS and preside over the affairs of KIPS.
(2) Where the President is unable to perform his or her duties in extenuating circumstances, an executive officer prescribed by the articles of incorporation shall act on behalf of the President.
(3) Directors shall deliberate, and pass resolutions, on agenda items submitted to the board of directors.
(4) The auditor shall audit the affairs and accounting of KIPS.
[This Article Newly Inserted by Presidential Decree No. 29175, Sep. 18, 2018]
 Article 23-5 (Board of Directors)
(1) A board of directors shall be established in KIPS to deliberate, and pass resolutions, on important matters concerning the affairs and operation of KIPS.
(2) The board of directors shall be comprised of the President and directors.
(3) The President shall convene and preside over meetings of the board of directors.
(4) The auditor may attend meetings of the board of directors and state his or her opinion.
(5) Except as otherwise provided for in paragraphs (1) through (4), matters concerning the board of directors shall be prescribed by the articles of incorporation.
[This Article Newly Inserted by Presidential Decree No. 29175, Sep. 18, 2018]
 Article 23-6 (Certificates of Product Safety Inspectors)
A person who conducts an inspection related to product safety under subparagraph 1, 2, or 4 through 8 of Article 21-3 of the Act shall carry a certificate in attached Form 8 and present it to the relevant person.
[This Article Newly Inserted by Presidential Decree No. 29175, Sep. 18, 2018]
 Article 23-7 (Approval and Reporting)
(1) To obtain approval from the Minister of Trade, Industry and Energy pursuant to Article 21-5 (1) of the Act, KIPS shall submit the following documents by November 30 each year:
1. A business plan for the following business year;
2. A revenue and expenditure budget for the following business year.
(2) To give a report to the Minister of Trade, Industry and Energy pursuant to Article 21-5 (2) of the Act, KIPS shall submit the following documents within three months after the end of each business year:
1. A settlement of accounts on revenue and expenditure for the immediately preceding business year;
2. A report on business performance for the immediately preceding business year;
3. Status of the promotion of projects entrusted by the Minister of Trade, Industry and Energy.
[This Article Newly Inserted by Presidential Decree No. 29175, Sep. 18, 2018]
 Article 23-8 (Management and Supervision)
(1) The Minister of Trade, Industry and Energy may require KIPS to report on matters relating to its affairs, accounting, and property or to submit data; or may give it other necessary directions or orders, pursuant to Article 21-5 (3) of the Act.
(2) The Minister of Trade, Industry and Energy may have public officials under his or her control engage in management and supervision of KIPS under paragraph (1), such as inspecting its accounting records, documents, and other articles.
[This Article Newly Inserted by Presidential Decree No. 29175, Sep. 18, 2018]
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 24 (Hearings)
Where the head of a central administrative agency intends to issue an order for a recall, etc. pursuant to Article 9, he or she shall hold hearings: Provided, That the foregoing shall not apply where it is deemed essential to prevent the occurrence or spread of imminent and substantial harm or damage which a product causes or is likely to cause to the health, safety, or property of consumers.
 Article 25 (Delegation of Authority)
The Minister of Trade, Industry and Energy shall delegate his or her authority in the following to the Administrator of the Korean Agency for Technology and Standards pursuant to Article 24 of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24955, Dec. 11, 2013; Presidential Decree No. 26441, Jul. 24, 2015; Presidential Decree No. 26646, Nov. 18, 2015>
1. Compiling and managing statistics on product accidents, etc. under Article 8 (1) of the Act;
2. Safety inspections and accessing and retaining the details and findings thereof under Article 9 (1) and (2) of the Act;
2-2. Safety inspections and notifying the findings of safety inspections under Article 9-2 (1) and (2) of the Act;
2-3. Safety inspections and accessing and retaining the details and findings thereof under Article 9-3 (1) and (3) of the Act;
2-4. Requests to return, destruct, or improve products or recommendation or order for recall, etc. under Article 9-3 (4) of the Act;
3. Issuing a recommendation for recall, etc. and publications under Article 10 (1) and (2) of the Act;
4. Issuing an order for recall, etc. and publications under Article 11 (1) of the Act;
5. Taking measures for recall, etc. and collecting expenses under Article 11 (3) of the Act;
6. Full or partial withdrawing of a recommendation or order for recall, etc. under Article 12 (2) of the Act;
7. Requests for data to investigate product accidents under Article 15 (1) of the Act;
8. Designating a product accident investigation center under Article 15 (2) of the Act;
8-2. Publishing the findings of safety inspections or investigations of product accidents under Article 15-2 (1) of the Act;
9. Establishing and operating the product safety information network under Article 16 (1) of the Act;
10. Education and training and publicity concerning product safety under Article 17 of the Act;
11. Contributing funds necessary for researches and technical development concerning product safety under Article 18 (1) of the Act;
12. Implementing cooperation projects to prevent product accidents under Article 19 (1) of the Act;
13. Imposing and collecting administrative fines under Article 27 of the Act.
 Article 25-2 Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016>
CHAPTER VI PENALTY PROVISIONS
 Article 26 (Criteria for Imposing Administrative Fines)
(1) Criteria for imposing administrative fines under Article 27 of the Act shall be as specified in the attached Table.
(2) The head of a central administrative agency may increase or decrease the amount of an administrative fine by up to half the amount of the administrative fine referred to in the attached Table in consideration of the severity, frequency, motives, and consequences of the violation: Provided, That the increase shall not exceed the upper limit of the amount of the administrative fine referred to in Article 27 of the Act.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2011.
Article 2 (Re-Examination of Regulation)
The head of a central administrative agency shall examine whether the deadline for notification of whether to accept a recommendation under Article 6 (2) and the deadline for submitting a product recall plan under Article 14 (2) are appropriate by February 5, 2016; and shall take measures, such as disuse, alleviation, and improvement.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 24060, Aug. 22, 2012>
This Decree shall enter into force on August 24, 2012.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 24955, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26441, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Article 2 (Applicability to Business Entities’ Duties to File Reports)
(1) The amended provisions of Article 14-2 shall begin to apply to the first accident which occurs after this Decree enters into force.
(2) The number of accidents under the amended provision of Article 14-2 (3) 1 shall be calculated beginning with the first accident which occurs after this Decree enters into force.
Article 3 (Transitional Measures concerning Scope of Significant Defects)
Where a product defect referred to in the previous provisions of subparagraph 2 of Article 10 occurs before this Decree enters into force, notwithstanding the amended provisions of subparagraph 2 of Article 10, the previous provisions thereof shall apply thereto.
Article 4 (Transitional Measures concerning Administrative Fines)
(1) Where criteria for imposing administrative fines apply to offenses committed before this Decree enters into force, notwithstanding the amended provisions of the attached Table, the previous provisions thereof shall apply thereto.
(2) No administrative fine imposed for an offense committed before this Decree enters into force shall be included in the number of offenses a business entity commits under the amended provisions of the attached Table.
ADDENDA <Presidential Decree No. 26646, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2015.
Article 2 (Applicability to Safety Inspections on Imported Products)
The amended provisions of Articles 5-3 and 5-4 shall begin to apply to the first product for which a business entity has completed an import declaration pursuant to Article 241 (1) of the Customs Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27806, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28316, Sep. 19, 2017>
This Decree shall enter into force on September 22, 2017.
ADDENDUM <Presidential Decree No. 28961, Jun. 12, 2018>
This Decree shall enter into force on June 13, 2018.
ADDENDA <Presidential Decree No. 29175, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Article 2 (Transitional Measures concerning Certificates of Product Safety Inspectors)
The certificate of a product safety inspector of illegal and defective products issued under the previous provisions of attached Form 8, before this Decree enters into force, may be used along with the certificate of a product safety inspector issued under the amended provisions of attached Form 8, for one month after this Decree enters into force.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.