ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON NATIONAL STANDARDS
Presidential Decree No. 16494, Jul. 29, 1999
Amended by Presidential Decree No. 16851, jun. 23, 2000
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21569, jun. 26, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22534, Dec. 20, 2010
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 24955, Dec. 11, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26363, jun. 30, 2015
Presidential Decree No. 26703, Dec. 10, 2015
Presidential Decree No. 28212, Jul. 26, 2017
Presidential Decree No. 28799, Apr. 17, 2018
Presidential Decree No. 28960, jun. 12, 2018
Presidential Decree No. 29345, Dec. 11, 2018
Presidential Decree No. 29758, May 14, 2019
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 2 (Members of Deliberative Committee on National Standards from Related Central Administrative Agencies) |
The Vice Ministers, and public officials in the rank of Vice Minister, of related central administrative agencies provided in Article 5 (4) 2 of the Framework Act on National Standards (hereinafter referred to as the “Act”) means the following persons: if a ministry has two or more Vice Ministers, the Vice Minister designated by the head of the relevant ministry shall be a member: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26363, Jun. 30, 2015; Presidential Decree No.28212, Jul. 26, 2017> | 1. | The Vice Minister of Science and ICT; |
| 2. | The Vice Minister of the Interior and Safety; |
| 3. | The Vice Minister of Culture, Sports and Tourism; |
| 4. | The Vice Minister of Agriculture, Food and Rural Affairs; |
| 5. | The Vice Minister of Health and Welfare; |
| 6. | The Vice Minister of Environment; |
| 7. | The Vice Minister of Employment and Labor; |
| 8. | The Vice Minister of Land, Infrastructure and Transport; |
| 9. | The Vice Minister of Oceans and Fisheries; |
| 9-2. | The Vice Minister of SMEs and Startups; |
| 10. | The Minister of Food and Drug Safety; |
| 11. | The Administrator of the Public Procurement Service; |
| 12. | The Minister of the Defense Acquisition Program Administration; |
| 13. | The Minister of the Korea Forest Service. |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 3 (Meetings of Deliberative Committee on National Standards) |
| (1) | A meeting of the Deliberative Committee on National Standards (hereinafter referred to as the “Deliberative Committee”) shall be convened by the chairperson where he or she deems it necessary or at the request of the head of a related central administrative agency. |
| (2) | Deleted. <by Presidential Decree No. 26363, Jun. 30, 2015> |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 4 (Organization and Operation of Working Committee) |
| (1) | The working committee under Article 5 (7) of the Act (hereinafter referred to as "working committee") shall be composed of up to 25 members, including one chairperson; and the president of the Korean Agency for Technology and Standards shall serve as the chairperson. <Amended by Presidential Decree No. 24955, Dec. 11, 2013> |
| (2) | The following persons shall be the members of the working committee: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 29345, Dec. 11, 2018> |
| 1. | Public officials appointed by the heads of their agencies, from among those who belong to the Senior Executive Service of the Office for Government Policy Coordination and related central administrative agencies; |
| 2. | Persons commissioned by the Minister of Trade, Industry and Energy, from among those who have extensive knowledge of, and experience in, standard science and technology and conformity assessment and from among those who are recommended by the heads of related central administrative agencies; |
| 3. | Deleted; <by Presidential Decree No. 29345, Dec. 11, 2018> |
| 4. | Deleted. <by Presidential Decree No. 29345, Dec. 11, 2018> |
| (3) | The working committee shall have one secretary, and the secretary shall be appointed by the president of the Korean Agency for Technology and Standards from among public officials of the Agency. <Amended by Presidential Decree 24955, Dec. 11, 2013> |
| (4) | When intending to commission the members of the working committee under paragraph (2) 2, the Minister of Trade, Industry and Energy shall consult in advance with the head of the related central administrative agency. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 29345, Dec. 11, 2018> |
| (5) | A meeting of the working committee shall be convened by the chairperson. |
| (6) | A quorum for a meeting of the working committee shall be constituted by a majority of all members of the working committee; and any resolution thereof shall require the concurring vote of a majority of the members present. |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 4-2 (Dismissal of Members) |
The Minister of Trade, Industry and Energy may dismiss a member of the Deliberative Committee prescribed in Article 5 (4) 4 of the Act or a member of the working committee prescribed in the subparagraphs of Article 4 (2) from office for falling under any of the following: | 1. | Where a member is unable to perform duties due to a physical or mental disorder; |
| 2. | Where the member commits any misconduct in relation to the duties; |
| 3. | Where the member is deemed unfit and unqualified to be a member due to dereliction of duty, injury to dignity, or other similar reasons: |
| 4. | Where a member voluntarily declares that it is impracticable to perform the duties. |
[This Article Newly Inserted by Presidential Decree No. 26703, Dec. 10, 2015]
Allowances may be provided, and travel expenses reimbursed, within budgetary limits, to members who attend a meeting of the Deliberative Committee or the working committee: Provided, That this shall not apply where a member who is a public official attends such meeting in direct relation to his or her affairs.
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 5-2 (Operating Rules) |
Except as provided in this Decree, matters necessary for operating the Deliberative Committee or the working committee shall be prescribed by their respective chairperson, subject to resolution of the Deliberative Committee or the working committee.
[This Article Newly Inserted by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 6 (Preparation of Master Plans for National Standards) |
| (1) | Before consolidating plans of each related central administrative agency under Article 7 (2) of the Act (hereinafter referred to as "area-specific plan”), the Minister of Trade, Industry and Energy may determine matters to be included in area-specific plans, relevant materials, their submission schedules, and other similar matters and may give notice of such to the heads of related central administrative agencies. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | The head of each related central administrative agency shall prepare an area-specific plan in consideration of the opinions of the institutions and organizations that use and produce national standards and shall submit such plan to the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 7 (Public Announcement of Master Plans for National Standards and Implementation Plans for National Standards) |
A master plan for national standards finalized under Article 7 of the Act shall be publicly announced by the Minister of Trade, Industry and Energy; and an implementation plan for national standards finalized under Article 8 of the Act shall be publicly announced by the head of each related central administrative agency. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> [This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 8 (Definition of Base Units and Methods of Implementing Such Units) |
| (1) | The definition of base units prescribed in Article 10 of the Act shall be as listed in attached Table 1. |
| (2) | The base units under paragraph (1) shall be implemented by the Korea Research Institute of Standards and Science under Article 13 of the Act (hereinafter referred to as the "Institute of Standards"), as prescribed by the General Conference on Weights and Measures. <Amended by Presidential Decree No. 26363, Jun. 30, 2015; Presidential Decree No. 29345, Dec. 11, 2018> |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 8-2 (Symbols of Base Units) |
Base units under Article 10 of the Act shall be indicated by the following symbols, as stipulated by the General Conference on Weights and Measures: | 1. | Meter as a unit of length measurement: m; |
| 2. | Kilogram as a unit of mass measurement: kg; |
| 3. | Second as a unit of time measurement: s; |
| 4. | Ampere as a unit of electric current measurement: A; |
| 5. | Kelvin as a unit of thermodynamic temperature measurement: K; |
| 6. | Mole as a unit of measurement of the amount of substance: mol; |
| 7. | Candela as a unit of luminous intensity measurement: cd. |
[This Article Newly Inserted by Presidential Decree No. 26363, Jun. 30, 2015]
| Article 9 (Derived Units) |
Derived units formed by a combination of base units or by a combination of a base unit and another derived unit under Article 11 of the Act shall be as specified in attached Table 2. [This Article Wholly Amended by Presidential Decree No. 29758, May 14, 2019]
| Article 10 (Prefixes of International System of Units) |
The expression of the international system of units in decimal multiples or fractions under Articles 10 and 11 of the Act shall be as specified in attached Table 4. [This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 11 Deleted. <by Presidential Decree No. 28960, Jun. 12, 2018> |
| Article 12 (Designation and Operation of Institutes Exclusively Dedicated to Nationwide Calibration) |
| (1) | The standards for designating an institute exclusively dedicated to nationwide calibration under Article 14 (3) of the Act (hereinafter referred to as “national calibration institute”) are as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | A national calibration institute shall be capable of building and operating a quality management system in conformity with international standards; |
| 2. | The measuring apparatus and measuring environments of a national calibration institute shall meet international standards and shall maintain the traceability to national measurement standards; |
| 3. | A national calibration institute shall employ a quality manager, a technology manager, and a technician; |
| 4. | The quality management system, technological requirements, and other similar requirements of a national calibration institute shall meet the standards determined and publicly notified by the Minister of Trade, Industry and Energy. |
| (2) | A person designated as a national calibration institute shall calibrate measuring instrument owned or used by industrial enterprises, research institutes, and other similar entities. In such cases, he or she shall ensure the maintenance of the traceability to national measurement standards in calibration. |
| (3) | The procedures for designating a national calibration institute and other matters regarding the operation of the designation system shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 13 (Certification and Diffusion of Reference Materials) |
| (1) | The Minister of Trade, Industry and Energy may conduct the following programs regarding the certification and diffusion of reference materials under Article 15 (2) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Maintaining a system to ensure the traceability of certified reference materials to national measurement standards; |
| 2. | Establishing standards and procedures for certifying reference materials, and operating other certification systems; |
| 3. | Formulating methods to ensure a stable supply of reference materials; |
| 4. | Diffusion programs such as education and publicity regarding reference materials. |
| (2) | Matters necessary for operating reference material certification systems under paragraph (1) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 14 (Enactment and Diffusion of Reference Standards) |
| (1) | Deleted. <by Presidential Decree No. 28960, Jun. 12, 2018> |
| (2) | In order to efficiently promote activities for enacting and diffusing reference standards under Article 16 (2) of the Act, the Minister of Trade, Industry and Energy may require the Institute of Standards to perform activities for collecting, accumulating, and assessing measured data related to reference standards. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28960, Jun. 12, 2018> |
| (3) | Except as provided in paragraph (2), matters necessary for enacting and diffusing reference standards shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28960, Jun. 12, 2018> |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 15 (Projects for Establishment of National Measurement Standards) |
The head of each related central administrative agency may perform the following activities as projects for the establishment of national measurement standards under Article 19 (1) of the Act: | 1. | Enhancing the precision and accuracy of measuring technologies in accordance with national measurement standards; |
| 2. | Maintaining the traceability of measuring instrument under his or her jurisdiction to national measurement standards; |
| 3. | Promoting the use of national measurement standards by small and medium enterprises. |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 15-2 (Maintaining Consistency of National Standards) |
| (1) | Where the head of a related central administrative agency intends to establish or amend national standards under Article 20 (3) of the Act, the drafts of the standards shall be prepared in accordance with the following requirements: |
| 2. | Electronic processing shall be available. |
| (2) | The head of a related central administrative agency shall request the Minister of Trade, Industry and Energy to verify, among other things, whether the drafts of the standards prepared under paragraph (1) are in compliance with the standards form and whether they overlap with other standards. |
| (3) | Upon receipt of the request for verification under paragraph (2), the Minister of Trade, Industry and Energy shall give notice as to the verification results within 30 days of receiving the request: Provided, That where unable to give notice within such period due to any inevitable reason, the Minister shall provide notice as to the reasons therefor and the expected date of completion. |
| (4) | The head of a related central administrative agency shall provide public notice as to the national standards after reflecting the results given under paragraph (3). |
| (5) | Paragraphs (1) through (4) shall not apply to cases determined not subject to national standards that shall maintain consistency according to consultations between the Minister of Trade, Industry and Energy and the head of a related central administrative agency. |
[This Article Newly Inserted by Presidential Decree No. 26363, Jun. 30, 2015]
[Previous Article 15-2 moved to Article 15-4 <by Presidential Decree No. 26363, Jun. 30, 2015>]
| Article 15-3 (Establishing and Operating National Standards Information System) |
| (1) | The Minister of Trade, Industry and Energy may establish and operate a national standards information system under Article 20 (3) of the Act (hereinafter referred to as “national standards information system”) in order to provide the following services: |
| 1. | Building and managing a data and information database regarding national standards, and providing information on national standards; |
| 2. | Managing the progress and history of work pertaining to national standards; |
| 3. | Producing and managing statistics on national standards; |
| 4. | Other matters deemed necessary by the Minister of Trade, Industry and Energy in order to efficiently manage data and information on national standards. |
| (2) | The Minister of Trade, Industry and Energy may request that the head of a related central administrative agency or the head of a local government submit data or information necessary for efficiently managing and operating the national standards information system. |
| (3) | Except as provided in paragraphs (1) and (2), detailed matters necessary for establishing and operating the national standards information system shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted by Presidential Decree No. 26363, Jun. 30, 2015]
[Previous Article 15-3 moved to Article 15-5 <by Presidential Decree No. 26363, Jun. 30, 2015>]
| Article 15-4 (Submitting Results of Reviewing Necessity for Continuing Conformity Assessment) |
| (1) | The head of each related central administrative agency shall review the necessity and procedures for continuing conformity assessment, etc. under his or her jurisdiction (hereinafter referred to as “necessity for continuing conformity assessment, etc.”) every three years, pursuant to Article 22 (3) of the Act. |
| (2) | The head of each related central administrative agency shall prepare a list of items subject to annual review (hereinafter referred to as “list of items subject to review”) that specifies items to be reviewed for a certain year regarding the necessity for continuing conformity assessment, etc. under his or her jurisdiction, by the end of February of the year in which the three-year cycle begins under paragraph (1); and shall provide notice as to such list to the Regulatory Reform Committee under Article 23 of the Framework Act on Administrative Regulations (hereinafter referred to as the "Regulatory Reform Committee"). |
| (3) | The Regulatory Reform Committee may compile and adjust the lists of items subject to review notified by the heads of related central administrative agencies under paragraph (2), finalize the lists of items subject to review during the relevant cycle for each agency, and provide notice as to such lists to the heads of related central administrative agencies; and in such cases, the heads of related central administrative agencies so notified shall reflect the results. |
| (4) | The head of each related central administrative agency shall review the necessity, etc. for continuing conformity assessment on the items subject to review for the corresponding year from among the list of items subject to review finalized under subparagraph (3), prepare a result report (hereinafter referred to as “self-review report”), and submit it to the Regulatory Reform Committee by June 30 every year. |
| (5) | The self-review report shall include the following: |
| 1. | Whether to continue, improve, integrate, or repeal the conformity assessment; |
| 2. | The necessity and reasons for continuing, improving, integrating, or repealing the conformity assessment; |
| 3. | Any economic and social impact from continuing, improving, integrating, or repealing the conformity assessment; |
| 4. | Administrative organs, human resources, and budgets required for continuing, improving, integrating, or repealing the conformity assessment; |
| 5. | Results of gathering consensus from administrative agencies, non-governmental organizations, interested parties, research institutes, experts, and others; |
| 6. | Other matters deemed necessary to be included in the self-review report by the head of each related central administrative agency. |
| (6) | The head of a related central administrative agency may entrust relevant specialized institutions with survey and research in order to prepare a self-review report. |
| (7) | The head of a related central administrative agency may request institutions and organizations relating to conformity assessments to submit necessary data, documents, and the like, if it is deemed necessary for preparing a self-review report. |
| (8) | Having entrusted survey and research under paragraph (6), the head of a related central administrative agency may pay all or some of the expenses incurred in conducting the survey and research to the specialized institution and others, within budgetary limits. |
[This Article Newly Inserted by Presidential Decree No. 29345, Dec. 11, 2018]
[Previous Article 15-4 moved to Article 15-5 <by Presidential Decree No. 29345, Dec. 11, 2018>]
| Article 15-5 (Mode of Examination for Certification of Standards) |
| (1) | The mode of examination for the certification of standards to perform a conformity assessment under Article 22-2 of the Act shall be as specified in attached Table 5. <Amended by Presidential Decree No. 29345, Dec. 11, 2018> |
| (2) | When intending to change the mode of examination for the certification of standards under paragraph (1), the Minister of Trade, Industry and Energy shall submit the case to the Deliberative Committee for deliberation and resolution. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 29345, Dec. 11, 2018> |
[This Article Newly Inserted by Presidential Decree No. 21569, Jun. 26, 2009]
[Title Amended by Presidential Decree No. 29345, Dec. 11, 2018]
[Moved from Article 15-4; previous Article 15-5 moved to Article 15-6 <by Presidential Decree No. 29345, Dec. 11, 2018>]
| Article 15-6 (Operating Mode of Examination for Certification of Standards) |
| (1) | When intending to conduct a conformity assessment under Article 22-2 (1) of the Act, the head of a central administrative agency shall introduce the mode of examination for the certification of standards by any of the following means: <Amended by Presidential Decree No. 29345, Dec. 11, 2018> |
| 1. | By choosing any of the modes of examination listed in attached Table 5 and stipulating it in relevant statutes and regulations; |
| 2. | By reflecting the contents, methods, and the like of the conformity assessment falling under any of the modes of examination listed in attached Table 5 in relevant statutes and regulations to stipulate such. |
| (2) | When intending to change the mode of examination introduced for the conformity assessment under his or her jurisdiction under paragraph (1), the head of a central administrative agency shall notify in advance the Minister of Trade, Industry and Energy of the mode of examination to be changed. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 29345, Dec. 11, 2018> |
| (3) | The head of a central administrative agency may prescribe the detailed criteria, procedures, and the like of the conformity assessment that are necessary for the mode of examination introduced for the conformity assessment under his or her jurisdiction under paragraph (1). In such cases, he or she shall endeavor to ensure that the criteria, procedures, and the like meet international standards. <Amended by Presidential Decree No. 29345, Dec. 11, 2018> |
| (4) | In cases of a product that has to undergo at least two conformity assessments, the head of the related central administrative agencies may consolidate and jointly provide public notice as to the detailed criteria, procedures, and the like determined under paragraph (3), after deliberation and resolution by the Deliberative Committee: Provided, That if only one related central administrative agency exists, deliberation and resolution by the Deliberative Committee need not be undergone. <Amended by Presidential Decree No. 29345, Dec. 11, 2018> |
[This Article Newly Inserted by Presidential Decree No. 21569, Jun. 26, 2009]
[Title Amended by Presidential Decree No. 29345, Dec. 11, 2018]
[Moved from Article 15-5; previous Article 15-6 moved to Article 15-7 <by Presidential Decree No. 29345, Dec. 11, 2018>]
| Article 15-7 (Guidelines for Labeling Integrated National Certification Marks) |
| (1) | The guidelines for, and the methods of, labeling integrated national certification marks under Article 22-4 (1) of the Act shall be as specified in attached Table 6. <Amended by Presidential Decree No. 22534, Dec. 20, 2010> |
| (2) | When intending to change the guidelines for, and the methods of, labeling integrated national certification marks under paragraph (1), the Minister of Trade, Industry and Energy shall undertake deliberation and resolution by the Deliberative Committee. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | When introducing an integrated national certification mark, the head of a central administrative agency may separately prescribe the detailed guidelines for, and methods of, labeling the conformity assessment under his or her jurisdiction. <Amended by Presidential Decree No. 29345, Dec. 11, 2018> |
| (4) | In cases of a product that has to undergo at least two conformity assessments, the head of the related central administrative agencies may consolidate and jointly provide public notice as to the detailed guidelines for, and the methods of, labeling determined under paragraph (3), after deliberation and resolution by the Deliberative Committee: Provided, That if only one related central administrative agency exists, deliberation and resolution by the Deliberative Committee need not be undergone. <Amended by Presidential Decree No. 29345, Dec. 11, 2018> |
[This Article Newly Inserted by Presidential Decree No. 21569, Jun. 26, 2009]
[Moved from Article 15-6 <by Presidential Decree No. 29345, Dec. 11, 2018>]
| Article 16 (Accreditation of Laboratories) |
| (1) | When intending to designate and operate an accrediting organization and an operating agency to establish the laboratory accreditation system under Article 23 (2) of the Act, the head of each related central administrative agency shall report such designation and operation to the Deliberative Committee. |
| (2) | The head of each related central administrative agency may designate the Korean Agency for Technology and Standards as an accrediting organization under paragraph (1). <Amended by Presidential Decree No. 24955, Dec. 11, 2013> |
| (3) | An accrediting organization designated under paragraph (1) shall determine and publicly notify standards and procedures for accrediting laboratories and the like. In such cases, it shall endeavor to ensure that the standards and procedures are in conformity with international standards prescribed by international organizations. |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 16-2 (Procedures for Mutual Recognition of Results of Examination) |
| (1) | A person who wants to be exempted from examination pursuant to Article 25-2 (2) of the Act, based on recognition of the results of an examination taken under other statutes or regulations, shall submit the written results of an examination obtained by any of the following means of testing and inspection (hereinafter referred to as “written results of examination”) to the head of the relevant central administrative agency. In such cases, the written results of the examination shall be limited to testing or inspection conducted within the latest two years before the submission of such results, except as otherwise provided in the relevant statutes or regulations. <Amended by Presidential Decree No. 29345, Dec. 11, 2018> |
| 1. | Written results of examination issued by a conformity assessment body under other statutes or regulations; |
| (2) | Other than the procedures prescribed in paragraph (1), the head of a central administrative agency may determine matters necessary for the detailed procedures of mutual recognition of results of examination. Public notice shall be provided of any detailed procedure, so determined. |
[This Article Newly Inserted by President Decree No. 26363, Jun. 30, 2015]
[Title Amended by Presidential Decree No. 29345, Dec. 11, 2018]
| Article 16-3 (Organizing and Operating Council to Respond to Technical Barriers to Trade) |
| (1) | The chairperson (hereinafter referred to as the “chairperson”) of the council to respond to technical barriers to trade under Article 26-2 (5) of the Act (hereinafter referred to as the “Council”) shall be the person appointed by the Minister of Trade, Industry and Energy, from among members of the Senior Executive Service of the Ministry of Trade, Industry and Energy. |
| (2) | Members of the Council shall be the persons appointed by the heads of the respective agencies, from among public officials of at least Grade IV or equivalent thereto who are in charge of affairs regarding technical barriers to trade, in the related central administrative agencies relating to matters subject to consultation specified in the subparagraphs of paragraph (4). |
| (3) | A meeting of the Council shall be convened if the chairperson deems it necessary or at the request of the head of a related central administrative agency. |
| (4) | The Council shall consult on the following: |
| 1. | Matters regarding identifying and responding to difficulties faced by businesses due to technical barriers to trade; |
| 2. | Matters regarding exchange and cooperation with international organizations and foreign governments with respect to technical barriers to trade; |
| 3. | Matters regarding cooperation with relevant administrative agencies and organizations with respect to technical barriers to trade; |
| 4. | Matters regarding the implementation of bilateral or multilateral negotiations and agreements on technical barriers to trade; |
| 5. | Other matters necessary for responding to technical barriers to trade, referred to the Council by the chairperson. |
| (5) | The chairperson may require experts and others who have abundant specialized knowledge and experience, other than the members described in paragraph (2), to attend a meeting of the Council and present their opinions; and may make a request to relevant institutions and public officials and others to submit data, if necessary. |
| (6) | The Council may establish a working council if necessary to efficiently operate its meetings. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for organizing and operating the Council and the working council shall be prescribed by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted by Presidential Decree No. 29345, Dec. 11, 2018]
| Article 17 (Providing Funds Necessary for Establishing National Standards System) |
| (1) | Any person who has received contributions prescribed in Article 27 (1) of the Act shall manage them by establishing a separate account. |
| (2) | The head of a related central administrative agency that has made contributions prescribed in Article 27 (1) of the Act may recover all or some of the contributions if the person in receipt of the contributions uses them for other than their intended purposes without good cause. |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 18 (Projects Conducted by the Korea Association of Standards and Testing Organizations) |
| (1) | For the development and growth of industries of calibration and instruments related to calibration under Article 28 (1) of the Act, the Minister of Trade, Industry and Energy may require the Korea Association of Standards and Testing Organizations under Article 40 of the Measures Act (hereinafter referred to as the “Association”) to perform the following projects: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Education, survey, research, publication of materials, provision of information, and publicity to enhance the precision and accuracy of measurement; |
| 2. | Improving and developing methods and procedures for calibration and similar projects; |
| 3. | Supporting the evaluation for designating a national calibration institute, and developing skills test programs; |
| 4. | Other projects to enhance the precision and accuracy of measurement. |
| (2) | The Association may require a person who requests calibration to bear the costs of projects conducted under paragraph (1), as prescribed by the articles of association. |
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 19 (Nurturing Standard Technology Professionals) |
The head of a related central administrative agency may designate the Institute of Standards, the Korean Agency for Technology and Standards, or other relevant institutions as an educational institution for nurturing standard technology professionals. <Amended by Presidential Decree No. 24955, Dec. 11, 2013>
[This Article Wholly Amended by Presidential Decree No. 21569, Jun. 26, 2009]
| Article 20 (Delegation of Authority) |
The Minister of Trade, Industry and Energy shall delegate the following authority to the Administrator of the Korean Agency for Technology and Standards pursuant to Article 31 (1) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24955, Dec. 11, 2013; Presidential Decree No. 26363, Jun. 30, 2015; Presidential Decree No. 28960, Jun. 12, 2018> | 1. | Designating and operating an institute exclusively dedicated to nationwide calibration referred to in Article 14 (3) of the Act; |
| 3. | Deleted; <by Presidential Decree No. 28960, Jun. 12, 2018> |
| 4. | Enacting and providing public notice as to quality management systems and technological requirements under Article 12 (1) 4; |
| 5. | Enacting and providing public notice as to procedures for designating a national calibration institute and other matters regarding the operation of the designation system under Article 12 (3); |
| 6. | Enacting and providing public notice as to matters necessary for operating reference material certification systems under Article 13 (2); |
| 6-2. | Enacting and providing public notice as to matters necessary for enacting and diffusing the reference standards under Article 14 (3); |
| 7. | Verifying the compliance with the standards form and the overlap with other standards under Article 15-2 (2), and providing notice as to the verification results under paragraph (3) of that Article; |
| 8. | Establishing and operating the national standards information system under Article 15-3. |
[This Article Newly Inserted by Presidential Decree No. 21569, Jun. 26, 2009]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16851, Jun. 23, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2000.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 21569, Jun. 26, 2009>
This Decree shall enter into force on July 1, 2009.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22534, Dec. 20, 2010>
This Decree shall enter into force on the date of its promulgation.
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. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26363, Jun. 30, 2015>
This Decree shall enter into force on July 1, 2015.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28799, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 17, 2018.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 28960, Jun. 12, 2018>
This Decree shall enter into force on June 13, 2018.
ADDENDA <Presidential Decree No. 29345, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 13, 2018.
Article 2 (Applicability to Reviewing Necessity for Continuing Conformity Assessment)
The amended provisions of Article 15-4 shall begin to apply to a review of the necessity and procedures for continuing conformity assessment, etc. conducted on or after January 1, 2019.
ADDENDA <Presidential Decree No. 29758, May 14, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 20, 2019.
Article 2 Omitted.