ENFORCEMENT DECREE OF THE INDUSTRIAL STANDARDIZATION ACT
Wholly Amended by Presidential Decree No. 20789, May 21, 2008
Amended by Presidential Decree No. 22855, Apr. 5, 2011
Presidential Decree No. 24305, Jan. 9, 2013
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 24955, Dec. 11, 2013
Presidential Decree No. 25805, Dec. 3, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26021, Jan. 6, 2015
Presidential Decree No. 26129, Mar. 3, 2015
Presidential Decree No. 26440, Jul. 24, 2015
Presidential Decree No. 27807, Jan. 26, 2017
Presidential Decree No. 28092, jun. 2, 2017
Presidential Decree No. 28212, Jul. 26, 2017
Presidential Decree No. 28277, Sep. 5, 2017
Presidential Decree No. 29133, Sep. 4, 2018
Presidential Decree No. 29659, Mar. 26, 2019
Presidential Decree No. 31925, Aug. 3, 2021
The purpose of this Decree is to prescribe matters delegated by the Industrial Standardization Act and those necessary for the enforcement of said Act.
| Article 2 (Composition of Industrial Standards Council) |
| (1) | The Industrial Standards Council under Article 4 of the Industrial Standardization Act (hereinafter referred to as the “Act”) (hereinafter referred to as the “Council”) shall be composed of not more than 1,000 members, including one chairperson and two vice-chairpersons. <Amended on Mar. 3, 2015; Aug. 3, 2021> |
| (2) | The chairperson and the vice-chairpersons shall be elected by the votes of members of the Conference on Standards referred to in Article 5 (1). <Amended on Mar. 3, 2015> |
| (3) | Members shall be appointed or commissioned by the Minister of Trade, Industry and Energy from among the following persons in consultation with the heads of relevant central administrative agencies; in such cases, where appointing a person falling under subparagraphs 2 and 3 as a member, gender should be considered: <Amended on Mar. 23, 2013; Mar. 3, 2015; Jul 24, 2015; Aug. 3, 2021> |
| 1. | Those recommended by the head of a competent agency from among public officials of Grade IV or higher of relevant central administrative agencies or equivalent thereto (including public officials belonging to the Senior Executive Service); |
| 2. | Persons with abundant knowledge and experience in industrial standardization; |
| 3. | Persons with abundant knowledge and experience in dispute mediation, etc. |
| (4) | A member who is not a public official shall serve a term of office of three years, and may serve consecutive terms: Provided, That if such member is unable to perform his or her duties due to special reasons, he or she may be released from his or her office during his or her term of office, and the term of office of the succeeding member shall be the remainder of the term of office of his or her predecessor. |
| Article 3 (Operation of Council) |
| (1) | The chairperson of the Council shall represent the Council, and exercise overall control over its affairs. |
| (2) | The vice-chairpersons shall assist the chairperson, and if the chairperson is unable to perform his or her duties due to any unavoidable cause, the vice-chairperson concurrently chairing the first technology sub-council under Article 5-2 (1) 1 shall act on behalf of the chairperson. <Amended on Mar. 3, 2015> |
| (3) | When deemed necessary, the chairperson shall convene meetings of the Council and preside over them. |
| (4) | Where the chairperson intends to convene a meeting, he or she shall notify each member of the date, time, and place of the meeting and matters to be deliberated upon by not later than five days before the meeting is held, except in cases where it is required urgently or where any inevitable reason exists. |
| (5) | One-third of the members of the Council shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (6) | Deleted. <Mar. 27, 2015> |
| Article 4 (Matters to be Deliberated upon by Council) |
"Other matters related to industrial standardization determined by Presidential Decree" in Article 4 (2) 6 of the Act means the matters requested by the Minister of Trade, Industry and Energy or the chairperson of the Council for deliberation related to industrial standardization. <Amended on Mar. 23, 2013>
| Article 5 (Composition and Operation of Conference on Standards) |
| (1) | The Conference on Standards prescribed in Article 4 (3) of the Act (hereinafter referred to as the "Conference on Standards") shall be comprised of not more than sixty members of the Council, including one chairperson. <Amended on Mar. 3, 2015> |
| (2) | The chairperson of the Council shall concurrently chair the Conference on Standards. <Newly Inserted on Mar. 3, 2015> |
| (3) | Members of the Conference on Standards shall be appointed by the Minister of Trade, Industry and Energy following consultation with the heads of related central administrative agencies. <Newly Inserted on Mar. 3, 2015> |
| (4) | The Conference on Standards shall deliberate upon the following matters: <Amended on Mar. 3, 2015> |
| 1. | Matters concerning operation of the Council; |
| 2. | Matters concerning the establishment or abolition of a technology council, as prescribed in Article 6, and coordination of functions or opinions among technology councils; |
| 3. | Matters submitted by a technology council under Article 6 (1) for the ascertainment of redundancy between industrial standards and the maintenance, etc. of consistency in industrial standard forms, etc.; |
| 4. | Other matters the Minister of Trade, Industry and Energy requests to deliberate on or the chairperson of the Conference on Standards refers to deliberation regarding the industrial standards. |
| (5) | If deemed necessary, the chairperson of the Conference on Standards shall convene a Conference on Standards and serve as the chairperson of the conference. <Amended on Mar. 3, 2015> |
| (6) | Where the chairperson of the Conference on Standards intends to convene a meeting, he or she shall notify each member of the date, time, and venue of the meeting and matters for deliberation by not later than five days before the meeting is held, except in cases of urgency or extenuating circumstances. <Amended on Mar. 3, 2015> |
| (7) | A majority of the members of conferences on standards shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. <Amended on Mar. 3, 2015> |
| (8) | The Conference on Standards may resolve through an information and communications system which satisfies the following requirements: <Newly Inserted on Mar. 3, 2015> |
| 1. | It can identify whether a person in question is the relevant member; |
| 2. | It can register an opinion of the principal and inquire into other members' opinions. |
<Newly Inserted on Mar. 3, 2015>
| Article 5-2 (Composition and Operation of Sub-Councils) |
| (1) | The Conference on Standards shall organize and operate the following sub-councils: |
| 1. | The first technology sub-council: Deliberation on matters concerning the verification of redundancy between industrial standards and the maintenance, etc. of consistency in industrial standard forms, etc. in the fields of standards prescribed by the International Organization for Standardization (ISO); |
| 2. | The second technology sub-council: Deliberation on matters concerning the verification of redundancy between industrial standards and maintenance, etc. of consistency in industrial standard forms, etc. in the fields of standards prescribed by the International Electrotechnical Commission (IEC) and other institutions related to international standardization, excluding the International Organization for Standardization. |
| (2) | Members of a sub-council shall be nominated by the chairperson of the Conference on Standards from among members of the Conference on Standards. |
| (3) | The chairperson of the Council shall nominate the chairpersons of the first and second technology sub-councils, respectively from among the vice-chairpersons of the Council. |
| (4) | The chairperson of a sub-council shall convene meetings of the relevant sub-council and preside thereover. |
| (5) | The chairperson of a sub-council shall notify a relevant technology council within 30 days from the date submitted for deliberation of the results of deliberation on the matters subject to deliberation referred to in Article 5 (4) 3: Provided, That if it is difficult to notify such results within the processing period due to any unavoidable cause, he or she shall notify a relevant technology council thereof, specifying the grounds therefor and the scheduled date of completion of deliberation. |
| (6) | Except as provided in paragraphs (1) through (5), Article 5 (6) and (7) shall apply mutatis mutandis to matters concerning the composition and operation of sub-councils. In such cases, "Conference on Standards" shall be construed as "sub-council." |
[This Article Newly Inserted on Mar. 11, 2015]
| Article 6 (Composition of Technology Councils) |
| (1) | Each technology council established under Article 4 (3) of the Act shall be comprised of each technical field of the Council by a resolution of the Conference on Standards, but the number of the councils shall not be limited. <Amended on Mar. 3, 2015> |
| (2) | Members of each technology council shall be nominated by the Minister of Trade, Industry and Energy from among members of the Council. <Amended on Mar. 3, 2015> |
| (3) | Each technology council shall have one chairperson, who shall be elected by vote of members of the technology council. |
| Article 7 (Functions of Technology Councils) |
| (1) | Each technology council shall research and deliberate upon the following matters concerning each professional field: <Amended on Mar. 23, 2013; Mar. 3, 2015> |
| 1. | Matters concerning the enactment, amendment or abolition of industrial standards under Article 5 of the Act; |
| 2. | Matters concerning confirmation of whether industrial standards are appropriate under Article 10; |
| 4. | Deleted; <Dec. 30, 2014> |
| 5. | Matters concerning deliberation on international standards; |
| 6. | Other matters the Minister of Trade, Industry and Energy or chairperson of the Council requests the technology council to deliberate upon, in connection with industrial standardization. |
| (2) | Where deliberation by a technology council has been completed on the matters prescribed in subparagraphs of paragraph (1), the results shall be submitted to the Conference on Standards for deliberation. <Amended on Mar. 3, 2015> |
| (3) | The chairperson of each technology council referred to in Article 6 (3) shall report the performance outcome of the previous year including the results, etc. of the research and deliberation conducted under paragraph (1) and a plan for the relevant year to the Conference on Standards by the end of February each year. <Newly Inserted on Mar. 3, 2015> |
| Article 8 (Operation of Technology Council) |
| (1) | The chairperson of each technology council shall represent each technology council and exercise overall control over its affairs. |
| (2) | When the chairperson is not able to perform his or her duties due to any unavoidable cause, a member designated in advance by the chairperson shall act for the chairperson. |
| (3) | Each technology council may make decisions through an information and communications system satisfying the requirements prescribed in Article 5 (8): <Amended on Mar. 3, 2015> |
| 1. | Deleted; <Mar. 3, 2015> |
| 2. | Deleted. <Mar. 3, 2015> |
| (4) | A majority of members of each technology council shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (5) | The technology council may establish an expert committee by resolution for the purposes of researching and examining professional matters on industrial standards, international standard documents, etc. |
| Article 9 (Joint Technology Council) |
| (1) | Each technology council may hold joint conferences with other technology councils upon recommendation of the Conference on Standards or in consultation with other technology councils. |
| (2) | Joint conferences shall be convened by the chairperson of each technology council, who shall be elected by vote at joint conferences. |
| Article 9-2 (Composition of Special Councils) |
| (1) | A special council established under Article 4 (3) of the Act (hereinafter referred to as "special council") shall be comprised of not more than 10 members, including one chairperson. |
| (2) | The chairperson of a special council shall be elected from among and by its members. |
| (3) | Members of a special council shall be nominated by the Minister of Trade, Industry and Energy from among the members of the Council. In such cases, those who have deliberated on the relevant agenda shall be excluded. |
[This Article Newly Inserted on Jul. 24, 2015]
| Article 9-3 (Operation of Special Councils) |
| (1) | A special council shall examine and deliberate on matters requested by the Minister of Trade, Industry and Energy or the chairperson of a technical council for the coordination of opinions related to the following matters: |
| 1. | Matters concerning the appropriate processing of opinions submitted on the enactment, amendment, or abolition of industrial standards under Article 16; |
| 2. | Matters concerning the appropriateness, etc. of composition of the members and operation of expert committees and technology councils; |
| 3. | Other matters deemed necessary by the Minister of Trade, Industry and Energy or the chairperson of a technical council to ensure the fairness of deliberation. |
| (2) | The chairperson of a special council shall notify the relevant technical council of the results of deliberation conducted by the special council within 15 days from the closing date of the special council meeting. |
| (3) | A technical council in receipt of the results of deliberation by the special council pursuant to paragraph (2) shall hold a technical council meeting within 15 days from the date of receipt of the results of deliberation taking into account the results of deliberation by the special council. |
| (4) | Article 5 (5) through (8) shall apply mutatis mutandis to matters concerning the operation of the special council other than those prescribed in paragraphs (1) through (3). In such cases, "Conference on Standards" shall be construed as "special council." |
[This Article Newly Inserted on Jul. 24, 2015]
| Article 10 (Composition and Operation of Expert Committee) |
| (1) | The expert committee shall be comprised of not more than 20 members, including one representative expert member. |
| (2) | The expert committee shall research and examine the following matters: <Amended on Mar. 23, 2013> |
| 1. | Research on and examination of matters concerning the enactment, amendment, and abolition of industrial standards, and confirmation of whether industrial standards are appropriate; |
| 2. | Research on and examination of documents related to international standards; |
| 3. | Other matters subject to research and examination regarding international standard documents, etc. upon request by the Minister of Trade, Industry and Energy or the representative expert member. |
| (3) | The representative expert member shall be elected by the votes cast by members of the expert committee. |
| (4) | Members of the expert committee shall be commissioned by the Minister of Trade, Industry and Energy from among those with professional knowledge in standardization in the field of industry and technology and international standard documents. <Amended on Mar. 23, 2013> |
| (5) | The members shall serve a term of office of one year, and may serve consecutive terms. |
| (6) | The expert committee is entitled to conduct research and examination through information and communications systems that satisfy the requirements referred to in subparagraphs of Article 5 (8). <Amended on Mar. 3, 2015> |
| (7) | Each representative expert member shall report the results of research on and examination of the matters referred to in subparagraphs of paragraph (2), as prescribed in the following subparagraphs: <Amended on Mar. 23, 2013; Mar. 3, 2015> |
| 1. | Paragraph (2) 1 and 2: Reporting to the technology council; |
| 2. | Paragraph (2) 3 (limited to where the Minister of Trade, Industry and Energy has requested): Reporting to the Minister of Trade, Industry and Energy; |
| 3. | Paragraph (2) 3 (limited to where the representative expert member has requested): Reporting to the technology council. |
| (8) | Article 8 (1) and (4) shall apply to the operation of the expert committee. In such cases, "chairperson of the technology council" shall be deemed a "representative expert member of the expert committee" and "technology council" shall be deemed an "expert committee." |
| Article 11 (Full-Time Member and Full-Time Expert Member) |
| (1) | The technology council may have one full-time member, and the expert committee may have one full-time expert member. |
| (2) | The full-time member shall be appointed by the Minister of Trade, Industry and Energy upon recommendation of the chairperson of the technology council, and the full-time expert member upon the recommendation of the representative expert member, respectively. <Amended on Mar. 23, 2013> |
| Article 12 (Executive Secretary) |
| (1) | In order to manage general affairs of the Council, the Conference on Standards, a sub-council, a technology council, a special council, an executive secretary shall be assigned respectively to them, and all executive secretaries shall be appointed by the Minister of Trade, Industry and Energy from among public officials belonging to the Ministry of Trade, Industry and Energy: Provided, That where the authority to appoint executive secretaries is delegated or entrusted under Article 32 (1) 22 and (2) 4, the heads of institutions delegated or entrusted with such authority shall appoint them from among the public officials belonging to them. <Amended on Mar. 23, 2013; Mar. 3, 2015; Jul. 24, 2015> |
| (2) | Where deemed necessary for research on and examination of international standard documents, the Minister of Trade, Industry and Energy may, for each expert committee, designate a relevant research institute and association, etc. as domestic executive secretariat of international standardization (hereafter referred to as "executive secretariat" in this Article). <Amended on Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy may pay expenses for research on and examination of international standard documents to executive secretariats designated under paragraph (2) within budgetary limits. <Amended on Mar. 23, 2013> |
| (4) | Matters necessary for the designation, operation, etc. of executive secretariats shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
Members and related experts attending meetings of any Council, Conference on Standards, technology council, special council or expert committee and the full-time member and the full-time expert member commissioned under Article 11 may receive allowances and be compensated for travel expenses within budgetary limits; Provided, That this shall not apply to where members who are public officials attend meetings of the Council, Conference on Standards, technology council, special council or expert committee, in direct connection with duties under their control. <Amended on Jul. 24, 2015>
| Article 14 (Listening to Opinions of Related Persons) |
Where deemed necessary, the Council, the Conference on Standards, a sub-council, a technology council, a special council or an expert committee may request relevant public officials, experts, etc. to submit data or state opinions, and to provide other necessary cooperation. <Amended on Mar. 3, 2015; Jul. 24, 2015>
| Article 15 (Operational Regulations) |
Matters necessary for operation of the Council other than those prescribed by this Decree shall be determined by the Minister of Trade, Industry and Energy by a resolution of the Conference on Standards. <Amended on Mar. 23, 2013>
| Article 16 (Advance Notice of Enactment of Industrial Standards) |
| (1) | Where the Minister of Trade, Industry and Energy intends to enact, amend, or abolish industrial standards under Article 5 (1) of the Act, he or she shall publicly announce the name and number (limited to cases of amending or abolishing them) of relevant industrial standards, and key details thereof, reasons therefor and comment period, etc. in the Official Gazette and on the website. <Amended on Mar. 23, 2013> |
| (2) | The comment period set under paragraph (1) shall be as follows: <Amended on Sep. 4, 2018> |
| 1. | Where the Minister intends to enact, amend, or abolish industrial standards: 60 days: Provided, That where the Minister intends to enact collective standards as industrial standards, he or she may include a period of not more than 30 days taken for the collection of opinions of interested parties while enacting or amending collective standards in calculating the period prescribed in the main clause; |
| 2. | Where the Minister of Trade, Industry and Energy intends to amend minor matters among details of industrial standards, including changes of terms: 30 days. |
| Article 17 (Consultation with Relevant Administrative Agencies) |
When the Minister of Trade, Industry and Energy intends to go through deliberation by the Council for the purposes of enacting, amending or abolishing industrial standards under Article 5 (2) of the Act, he or she shall have prior consultation with the head of a relevant administrative agency. <Amended on Mar. 23, 2013>
| Article 18 (Procedures for Designating Cooperative Organizations) |
| (1) | Where the Minister of Trade, Industry and Energy deems that any juristic person or organization that has applied for designation as a cooperative organization (hereinafter referred to as "cooperative organization") for the purpose of developing industrial standards under Article 5 (4) of the Act satisfies the requirements prescribed by Ordinance of the Ministry of Trade, Industry and Energy, he or she may designate such juristic person or organization as a cooperative organization by determining its field of industrial standards development. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy may designate a representative cooperative organization from among those designated under paragraph (1) in order to efficiently promote the development of industrial standards. <Newly Inserted on Jan. 9, 2013; Amended on Mar. 23, 2013> |
| (3) | When the Minister of Trade, Industry and Energy has designated a cooperative organization under paragraph (1), he or she shall provide the applicant with the certificate of designation as a cooperative organization to develop industrial standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted on Jan. 9, 2013; Mar. 23, 2013> |
| (4) | Deleted. <Jul. 24, 2015> |
| (5) | Deleted. <Jul. 24, 2015> |
| (6) | Other matters necessary for designation, etc. of a cooperative organization and selection and operation of a representative cooperative organization shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended on Jan. 9, 2013; Mar. 23, 2013> |
| Article 18-2 (Conclusion of Agreements and Management of Contributions) |
| (1) | Where the Minister of Trade, Industry and Energy intends to grant contributions to a cooperative organization pursuant to Article 5-2 (1) of the Act, he or she shall enter into an agreement with the relevant cooperative organization that includes the following matters: |
| 1. | Details of the project; |
| 2. | Use of contributions and contributions management plans; |
| 3. | Utilization of project outcomes; |
| 4. | Matters concerning the amendment to the agreement; |
| 5. | Other matters deemed necessary by the Minister of Trade, Industry and Energy including the termination of the agreement. |
| (2) | The Minister of Trade, Industry and Energy may grant contributions referred to in paragraph (1) in lump sum or installments taking into account details of the project, timing of commencement of the project and other relevant matters. |
| (3) | A cooperative organization in receipt of contributions shall open a separate account to manage them. |
| (4) | Contributions shall be used only for purposes stipulated in the agreement. |
| (5) | Where a cooperative organization in receipt of contributions uses the contributions for any other purpose than the one referred to in paragraph (1) 2 without good cause, the Minister of Trade, Industry and Energy may recover all or part of the contributions. |
[This Article Newly Inserted on Jul. 24, 2015]
| Article 19 (Application by Interested Parties) |
Where an interested party referred to in Article 6 (1) of the Act intends to apply to enact, amend or abolish any industrial standards, he or she shall formulate a document required by Ordinance of the Ministry of Trade, Industry and Energy and submit it to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013>
| Article 20 (Conformity with Korean Industrial Standards) |
"Matters deemed necessary for conformity with industrial standards" in Article 6 (2) of the Act means any of the following matters: | 1. | Where criteria or standards are otherwise enacted although the Korean Industrial Standards can be used in the related field; |
| 2. | Where criteria or standards of the field citing the Korean Industrial Standards are otherwise amended; |
| 3. | Where the State or a local government intends to enact or amend criteria or standards used in the procurement, production management, facility construction, etc. of goods and services; |
| Article 21 (Deliberations in Council) |
Upon receipt of a request for deliberation from the Minister of Trade, Industry and Energy under Article 7 of the Act, the Council shall refer such request to a relevant technology council referred to in Article 6 for deliberation. <Amended on Mar. 23, 2013>
| Article 22 (Public Hearings) |
Any person who intends to request a public hearing under Article 9 (2) of the Act shall submit to the Minister of Trade, Industry and Energy an application containing the following matters: <Amended on Mar. 23, 2013> | 1. | An address and a name or title of the applicant; |
| 2. | Matters to be discussed at the public hearing; |
| 3. | Grounds for an application. |
| Article 23 (Public Notification of Industrial Standards) |
When the Minister of Trade, Industry and Energy intends to publicly notify any industrial standards under Article 11 of the Act, he or she shall publish the name and number of industrial standards, key details thereof, classification thereof into enactment, amendment, confirmation or abolition, and the date when such changes thereto were made, in the Official Gazette and on the website. <Amended on Mar. 23, 2013>
| Article 24 (Certification of Products) |
| (1) | Upon designating product items of the mining and manufacturing sector subject to certification under Article 15 (1) of the Act, the Minister of Trade, Industry and Energy shall publicly announce them in the Official Gazette and on the website. <Amended on Mar. 23, 2013; Jan. 6, 2015> |
| 1. | Examination of factory: An examination to ascertain whether the technical conditions of a products manufacturing factory meet the criteria for certification examination prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 2. | Examination of products: An examination to ascertain whether the quality of products meets the Korean Industrial Standards under Article 12 (1) of the Act. |
[Title Amended on Jan. 6, 2015]
| Article 25 (Certification of Services) |
| (1) | Upon designating fields of service subject to certification under Article 16 (1) of the Act, the Minister of Trade, Industry and Energy shall publicly announce them in the Official Gazette and on the website. <Amended on Mar. 23, 2013; Jan. 6, 2015> |
| 1. | Examination of place of business: An examination to ascertain whether the quality control system, etc. of a place of business meets the criteria for certification examination prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 2. | Examination of services: An examination to ascertain from persons who directly receive services or other persons whether the services meet the criteria for certification examination prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
[Title Amended on Jan. 6, 2015]
| Article 26 (Qualifications for certification examiners) |
The term "standards prescribed by Presidential Decree" in Article 18 (1) of the Act shall be as described in attached Table 1. [This Article Wholly Amended on Jan. 9, 2013]
| Article 26-2 (Types of Regular Examinations and Relocation Examinations) |
Products or services required to undergo regular examinations and relocation examinations by a certification institution under Article 19 (1) and (2) of the Act shall be classified as follows: <Amended on Jun. 2, 2017> [This Article Newly Inserted on Jan. 6, 2015]
[Title Amended on Jun. 2, 2017]
| Article 27 (Investigation of Goods Available in the Market) |
| (1) | The investigation of certified goods available in the market under Article 20 (1) of the Act shall be conducted with samples taken from among certified goods in circulation: Provided, That in cases of goods the samples of which are difficult to collect through distribution channels, samples may be taken from a factory manufacturing such goods. |
| (2) | The field investigation of certified services under Article 20 (1) of the Act shall be conducted to examine the current status of service performance at the place of business. |
| (3) | Matters necessary for the procedures and methods, etc. for investigating goods available in the market and for conducting field investigations under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| Article 28 (Criteria for Disposition of Removal of Certification Marks) |
Criteria for disposition regarding removal or suspension of certification marks or suspension of sale, etc. referred to in Article 21 (1) of the Act shall be listed in attached Table 1-2. <Amended on Jan. 9, 2013; Jul. 24, 2015>
| Article 29 (Procedures for Order to Recall) |
| (1) | Where the Minister of Trade, Industry and Energy intends to issue an order to recall products under Article 21 (2) of the Act, he or she shall do so in writing specifying the following matters: |
| 1. | Trade names and trademarks of the relevant products; |
| 2. | Certification number of the relevant products and period of manufacture; |
| 3. | Company name of the person obligated to execute the order and name of the company representative; |
| 4. | Grounds for, and details of the order; |
| 5. | Other matters deemed necessary by the Minister of Trade, Industry and Energy to recall the products. |
| (2) | A person in receipt of an order to recall products under Article 21 (2) of the Act shall submit a plan to execute the order to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (3) | A person in receipt of an order to recall products shall report the following matters in writing to the Minister of Trade, Industry and Energy after completing the recall of the products in accordance with the order execution plan referred to in paragraph (2): |
| 1. | Details and a result of the recall; |
| 2. | Measures to prevent recurrence of any hazard; |
| 3. | Other matters necessary to confirm the results of execution of the order to recall and to prevent hazards to consumers. |
[This Article Newly Inserted on Jul. 24, 2015]
| Article 30 (Contents of Training on Industrial Standardization) |
| (1) | Training on industrial standardization and quality management offered pursuant to Article 28 of the Act shall be classified as follows: <Amended on Jan. 9, 2013> |
| 1. | Deleted; <Jan. 9, 2013> |
| 2. | Training for management executives (referring to training for the executives at a team manager or higher level at manufacturing or quality control departments); |
| 3. | Training designed to educate persons in charge of quality control, and regular training. |
| (2) | Training curricula, hours, cycle, and institutions referred to in paragraph (1) shall be listed in attached Table 2. |
| (3) | Training institutions referred to in paragraph (2) shall report a training plan for the following year by December 31 of each year, and the outcomes of training for the previous year by January 31 of each year to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| Article 30-2 (Details and Methods of Fact-Finding Surveys) |
| (1) | "Status of use of certified products and certified services, current status of enactment of collective standards under Article 27, and other matters prescribed by Presidential Decree" in Article 30-2 (2) of the Act means the following matters: |
| 1. | Actual state of the use of certified products and certified services; |
| 3. | Current status of operation of industrial standards and collective standards and the actual state of use thereof; |
| 4. | Current status of standardization activities in and out of the country and factors obstructing these activities; |
| 5. | Other matters necessary to grasp the actual state of industrial standardization, such as quality management for standardization activities of enterprises and organizations and company standards. |
| (2) | "Corporation or organization prescribed by Presidential Decree" in Article 30-2 (4) of the Act means any of the following corporations or organizations: |
| 3. | A corporation or an organization designated and publicly notified by the Minister of Trade, Industry and Energy as having expertise in the affairs related to the survey of matters referred to in paragraph (1) 1 through 4. |
| (3) | Upon entrusting a fact-finding survey of industrial standardization to a corporation or an organization prescribed in paragraph (2) pursuant to Article 30-2 (4) of the Act, the Minister of Trade, Industry and Energy shall publicly announce the institution entrusted. |
| (4) | Where the Minister of Trade, Industry and Energy intends to conduct a fact-finding survey, he or she shall determine entities subject to the survey and survey items and formulate a survey plan including the date and time, purpose and details of the survey, an agency conducting the fact-finding survey, etc. |
| (5) | The Minister of Trade, Industry and Energy shall inform entities subject to survey of the survey plan referred to in paragraph (4) not later than seven days before the scheduled date of the survey. |
[This Article Newly Inserted on Jul. 24, 2015]
| Article 30-3 (Headquarters to Promote Quality Management) |
| (1) | “A juristic person, a public institution or an organization relevant to quality management prescribed by Presidential Decree” in Article 31-3 (1) of the Act means the following juristic persons, public institutions or organizations: |
| 2. | Juristic persons, public institutions or organizations meeting all of the following requirements, which are established mainly for the purpose of distribution and promotion of quality management: |
| (b) | They shall have not less than three employees who have been engaged in duties relevant to business under subparagraphs of Article 31-3 (2) of the Act for not less than three years. |
| (2) | “Projects, which are prescribed by Presidential Decree” in Article 31-3 (2) 6 of the Act means projects to discover any of the followings, which achieved excellent results in quality management activities: |
| 1. | Businesses, public institutions, organizations (hereinafter referred to as “businesses, etc.”) or individuals; |
| 2. | A small group of workers who work at companies, etc. (hereinafter referred to as “small group”). |
[This Article Newly Inserted on Jan. 26, 2017]
| Article 30-4 (Award and Support regarding Quality Management) |
| (1) | Those eligible for awards and types thereof under Article 31-4 (2) of the Act shall be classified as follows: <Amended on Sep. 5, 2017> |
| 1. | Businesses, etc. which achieved excellent results in quality management: following awards: |
| (a) | National quality award; |
| (b) | National quality management award; |
| (c) | National quality innovation award; |
| 2. | Individuals who achieved excellent results in quality improvement: national quality master and quality management merit; |
| 3. | Small groups who achieved excellent results in quality improvement: Excellent quality group award (awarded by classifying into gold prize, silver prize, and bronze prize). |
| (2) | The Government may award additional prize and certificate prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the awardees under paragraph (1). <Newly Inserted on Sep. 5, 2017> |
| (3) | The Minister of Trade, Industry and Energy shall determine and notify matters regarding methods and procedures for awardee selection, awards standards, etc. under paragraph (1) by March 31 each year. <Amended on Sep. 5, 2017> |
| (4) | The Minister of Trade, Industry and Energy may provide the following support to executive officers of businesses, etc. or small groups or individuals selected as awardees under paragraph (1): <Amended on Sep. 5, 2017> |
| 1. | Providing opportunity to give a lecture on contents relevant to quality management and providing lecturer fee; |
| 2. | Subsidizing expenses of domestic and overseas training regarding quality management (limited to cases where awardees are small and medium-sized businesses or small groups belonging to small and medium-sized businesses and cases of persons selected as quality masters). |
[This Article Newly Inserted on Jan. 26, 2017]
| Article 31 (Establishment of Research Promotion Institute by Korean Standards Association) |
Where deemed necessary to efficiently conduct the activities referred to in Article 34 of the Act, the Korean Standards Association provided for in Article 32 of the Act may establish a research promotion institute and entrust such institute with laying the groundwork for and conducting inspections of and research on industrial standardization and quality management. <Amended on Jan. 9, 2013> [Title Amended on Jan. 9, 2013]
| Article 32 (Delegation and Entrustment of Authority) |
| (1) | 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 40 of the Act: Provided, That the same shall not apply to the authority entrusted under paragraph (2) to the Minister of Science and ICT, the Minister of Agriculture, Food and Rural Affairs, the Minister of Environment, the Minister of Employment and Labor, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of Food and Drug Safety, the Minister of the Defense Acquisition Program Administration, the Administrator of the Rural Development Administration, the Minister of the Korea Forest Service, and the Administrator of the Korea Meteorological Service: <Amended on Mar. 23, 2013; Dec. 11, 2013; Dec. 3, 2014; Mar. 3, 2015; Jul. 24, 2015; Jan. 26, 2017; Jun. 2, 2017; Jul. 26, 2017; Aug. 3, 2021> |
| 1. | Deleted; <Mar. 3, 2015> |
| 3. | Enactment, amendment, and abolition of industrial standards and confirmation as to whether industrial standards are appropriate, designation and operation of cooperative organizations, granting of contributions to cooperative organizations, consultation on the establishment of industrial standards, etc., referral to the Council, receipt of the results of deliberation and notice thereof, and holding of public hearings under Articles 5, 5-2 and 6 through 10 of the Act; |
| 6. | Designation of product items of the mining and manufacturing sector subject to certification and designation of fields of service subject to certification under Articles 15 (1) and 16 (1) of the Act; |
| 7. | Granting, suspension, and cancellation of qualification as a certification examiner under Article 18 of the Act; |
| 16. | Holding of public hearings under Article 36 (1); |
| 20. | Appointment, commissioning, or nomination of members, full-time members, and full-time expert members of the Council, the Conference on Standards, technology councils, and expert committees under Articles 2 (3), 5 (3), 6 (2), 9-2 (3), 10 (4), and 11 (2); |
| 21. | Requests for deliberation to the Council, the Conference on Standards, technology councils, special councils, and expert committees under Articles 4, 5 (4) 4, 7 (1) 6, 9-3 (1) and 10 (2) 3 and (7) 2 and acceptance of reports; |
| 22. | Appointment of executive secretaries and designation and operation of executive secretariats of the Council, the Conference on Standards, sub-councils, technology councils and special councils under Article 12 (1) through (4); |
| 23. | Enactment and amendment of operational regulations under Article 15; |
| 23-2. | Conclusion of agreements and management of contributions under Article 18-2; |
| 24. | Designation and public announcement of products and fields of service subject to certification under Articles 24 and 25; |
| 24-2. | Reports to confirm whether recall of products have been completed under Article 29 (3); |
| 25. | Acceptance of training plans and reports on the outcomes of training under Article 30 (3). |
| (2) | The Minister of Trade, Industry and Energy shall, under Article 40 of the Act, entrust the Minister of Science and ICT, the Minister of Agriculture, Food, and Rural Affairs, the Minister of Environment, the Minister of Employment and Labor, the Minister of Land, Infrastructure, and Transport, the Minister of Oceans and Fisheries, the Minister of Food and Drug Safety, the Minister of the Defense Acquisition Program Administration, the Minister of the Korea Forest Service and the Administrator of the Korea Meteorological Service with the following authority regarding industrial standards which are to be determined in consultation with the heads of related central administrative agencies: <Amended on Mar. 3, 2015; Jul. 24, 2015; Jan. 26, 2017; Jul. 26, 2017> |
| 1. | Authority granted under paragraph (1) 3 through 13 and 15 through 19; |
| 2. | Appointment, commissioning or nomination of members, full-time members, and full-time expert members of the Council, technology councils, and expert committees among the provisions of paragraph (1) 20; |
| 3. | Requests for deliberation to technology councils, and expert committees among the provisions of paragraph (1) 21 and acceptance of reports; |
| 4. | Appointment of executive secretaries and designation and operation of executive secretariats of technology councils among the provisions of paragraph (1) 22; |
| 4-2. | Conclusion of agreements and management of contributions under paragraph (1) 23-2; |
| 5. | Designation and public announcement of products and fields of service subject to certification under paragraph (1) 24; |
| 6. | Reports under paragraph (1) 24-2. |
| (3) | The Minister of Trade, Industry and Energy shall publicly announce the industrial standards and the heads of institutions entrusted with authority under paragraph (2) in the Official Gazette and on the website each year. <Newly Inserted on Mar. 3, 2015> |
| (4) | Where deemed necessary to conduct such affairs in the process of investigation of goods available in the market referred to in Article 20 of the Act under paragraph (1) 9, the Administrator of the Korean Agency for Technology and Standards may receive support from an agency or an organization designated by him or her, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Dec. 11, 2013; Mar. 3, 2015> |
| Article 32-2 (Re-Examination of Regulation) |
The Minister of Trade, Industry and Energy shall examine the appropriateness of the standards for qualifications of certification examiners under Article 26 and attached Table 1 every two years, counting from January 1, 2015 (referring to a date before January 1 of the year that comes every two years), and shall take measures, such as making improvements. [This Article Newly Inserted on Dec. 9, 2014]
| Article 33 (Criteria for imposition of Administrative Fines) |
The standards for the imposition of administrative fines under Article 44 (1) of the Act shall be as specified in attached Table 4. [This Article Wholly Amended on Apr. 5, 2011]
ADDENDA <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 2008.
Article 2 (Transitional Measures concerning Vice-Chairperson of Subconference)
The vice-chairperson of the subconference referred to in the previous provisions as at the time this Decree enters into force shall be deemed the chairperson of the technology council under the amended provisions of this Decree.
Article 3 (Transitional Measures concerning Members of Subconference)
Members of the subconference referred to in the previous provisions as at the time this Decree enters into force shall be deemed members of the technology council under the amended provisions of this Decree.
Article 4 (Transitional Measures concerning Full-Time Members of Subconference)
Full-time members of the subconference referred to in the previous provisions as at the time this Decree enters into force shall be deemed full-time members of the technology council under the amended provisions of this Decree.
Article 5 Omitted.
Article 6 (Relations with other Acts and Subordinate Statutes)
Where the previous Enforcement Decree of the Industrial Standardization Act or its provisions are cited by other statutes as at the time this Decree enters into force, if this Decree includes the corresponding provisions, this Decree or its corresponding provisions shall be deemed to have been cited.
ADDENDA <Presidential Decree No. 22855, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | The former provisions shall apply to the imposition of administrative fines for violations committed before this Act enters into force, notwithstanding the amended provisions of attached Table 4. |
| (2) | Administrative fines imposed for violations committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provisions of attached Table 4. |
ADDENDUM <Presidential Decree No. 24305, Jan. 9, 2013>
This Decree shall enter into 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 Dec. 12, 2013.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25805, Dec. 3, 2014>
This Decree shall enter into force on the date of its promulgation.
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. 26021, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 1-2 shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Dispositions such as Removal or Suspension of Validity of Certification Marks, or Suspension of Sale)
Notwithstanding the amended provisions of subparagraph 2 of attached Table 1-2, the dispositions concerning the removal or suspension of the validity of certification marks, the suspension of the sale, etc. imposed on a person who has undergone a regular examination conducted under Article 19 of the Act or an investigation of goods in the market or a field investigation conducted under Article 20 of the Act before this Decree enters into force shall be governed by the former provisions.
ADDENDUM <Presidential Decree No. 26129, Mar. 3, 2015>
This Decree shall enter into force on July 29, 2015.
ADDENDUM <Presidential Decree No. 26440, Jul. 24, 2015>
This Decree shall enter into force on July 29, 2015.
ADDENDA <Presidential Decree No. 27807, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 28092, Jun. 2, 2017>
This Decree shall enter into force on June 3, 2017.
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28277, Sep. 5, 2017>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 29133, Sep. 4, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Intended Enactment of Collective Standards as Industrial Standards)
The amended provisions of Article 16 (2) 1 shall apply to advance notice of enactment of industrial standards to enact collective standards as industrial standards after this Decree enters into force.
ADDENDUM <Presidential Decree No. 29659, Mar. 26, 2019>
This Decree shall enter into force on April 1, 2019.
ADDENDUM <Presidential Decree No. 31925, Aug. 3, 2021>
This Decree shall enter into force on the date of its promulgation.