ENFORCEMENT DECREE OF THE ELEVATOR SAFETY MANAGEMENT ACT
Wholly Amended by Presidential Decree No. 29498, Jan. 22, 2019
Amended by Presidential Decree No. 30256, Dec. 24, 2019
Presidential Decree No. 30993, Sep. 8, 2020
Presidential Decree No. 31328, Dec. 29, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 32169, Nov. 30, 2021
Presidential Decree No. 32382, Feb. 3, 2022
Presidential Decree No. 32528, Mar. 8, 2022
CHAPTER I GENERAL PROVISIONS
| Article 2 (Elevators Excluded from Application) |
"Equipment prescribed by Presidential Decree, such as mechanical parking equipment under the Parking Lot Act" in subparagraph 1 of Article 2 of the Elevator Safety Management Act (hereinafter referred to as the "Act") means the following: <Amended on Dec. 24, 2019; Jan. 5, 2021> | 6. | An elevator deemed necessary by the Minister of the Interior and Safety to comply with an international agreement or an agreement between states, such as an elevator installed in a foreign diplomatic mission in the Republic of Korea or any institution equivalent thereto. |
| Article 3 (Types of Elevators) |
| (1) | "Equipment ... prescribed by Presidential Decree" in subparagraph 1 of Article 2 of the Act means the equipment classified as follows: |
| 1. | An elevator: Equipment that carries persons or freight onto a platform with the car that moves up and down in a vertical or inclined shaft; |
| 2. | An escalator: Equipment that carries persons or freight onto a platform with steps that moves up and down or from side to side along an inclined or horizontal path; |
| 3. | A wheelchair lift: Equipment that carries onto a platform persons with disabilities in wheelchairs or those with mobility difficulties, such as persons with disabilities, senior citizens, pregnant women, and nursing mothers, with the car that moves up and down along a vertical or inclined path. |
| (2) | Detailed types of elevators classified under the subparagraphs of paragraph (1) by structure or use shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 4 (Elevator Business Operators) |
| Article 5 (Composition and Operation of Elevator Safety Committee) |
| (1) | The Minister of the Interior and Safety shall establish an Elevator Safety Committee (hereinafter referred to as the “Committee”) to deliberate on the following matters: |
| 7. | Other important matters that are related to policies on the safety management of elevators and that the Minister of the Interior and Safety refers to a meeting. |
| (2) | The Committee shall be composed of up to 15 members including one chairperson. |
| (3) | A member in general service of the Senior Executive Service of the Ministry of the Interior and Safety who is in charge of the safety management of elevators (limited to a public official whose class of duties falls under the category of class A) shall serve as the chairperson of the Committee, and members of the Committee shall be appointed or commissioned by the Minister of the Interior and Safety from among any of the following persons in consideration of their gender: |
| 1. | A public official of Grade IV or higher of the Ministry of the Interior and Safety or a member in general service of the Senior Executive Service thereof (limited to a public official whose class of duties falls under the category of class B) who is in charge of the safety management of elevators; |
| 2. | A person recommended by the president of the Korea Elevator Safety Agency established under Article 55 of the Act (hereinafter referred to as the "Agency") from among executive officers and employees in charge of the safety management of elevators in the Agency; |
| 3. | A person recommended by the president of the Korea Consumer Agency established under Article 33 of the Framework Act on Consumers from among executive officers and employees in charge of the safety management of elevators in the Korea Consumer Agency; |
| 5. | Other persons with extensive knowledge of and experience in the safety management of elevators. |
| (4) | Each member of the Committee (excluding a member under paragraph (3) 1) shall hold office for a term of three years and may be reappointed only for one consecutive term. |
| (5) | The chairperson shall convene and preside over meetings of the Committee. |
| (6) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (7) | Allowances, travel expenses, etc. may be paid to members who attend a meeting of the Committee within the budget: Provided, That this shall not apply where a member who is a public official attends a meeting in direct connection with his or her duties. |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for the composition and operation of the Committee shall be determined by the Minister of the Interior and Safety. |
| Article 6 (Exclusion of, Challenge to, or Recusal of, Members of Committee) |
| (1) | A member of the Committee who falls under any of the following shall be excluded from its deliberation and decision-making: |
| 1. | Where the member or the current or former spouse of the member is a party to the relevant agenda item (where a party is a corporation, an organization, etc., the executive officers thereof shall be included; hereafter in this subparagraph and subparagraph 2, the same shall apply) or is a joint right holder or a joint obligor with a party to the relevant agenda item; |
| 2. | Where the member is or was a relative of a party to the relevant agenda item; |
| 3. | Where the member has given a testimony, made a statement, offered advice, conducted research, provided service, or presented an expert opinion regarding the relevant agenda item; |
| 4. | Where the member or the corporation, organization, etc. to which he or she belongs is or was an agent of a party to the relevant agenda item; |
| 5. | Where the member has served as an executive officer or an employee of a corporation, an organization, etc. which is a party to the relevant agenda item within the recent two years. |
| (2) | Where the circumstances indicate that it would be impracticable to expect fair deliberations or decisions of a member, a party to the relevant agenda item may file a request for a challenge to the member with the Committee, which shall decide whether or not to accept the request by resolution. In such cases, the member against whom the request for a challenge is filed shall not participate in the resolution. |
| (3) | Where a member is subject to exclusion for any ground prescribed in the subparagraphs of paragraph (1), he or she shall recuse himself or herself from deliberation and decision-making on the relevant agenda item. |
| Article 7 (Dismissal of Members of Committee) |
Where a member of the Committee falls under any of the following, the Minister of the Interior and Safety may withdraw the appointment of the member or dismiss him or her:
| 1. | Where the member becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | Where the member commits any misconduct in relation to his or her duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where the member voluntarily indicates that it is impracticable for him or her to perform his or her duties. |
CHAPTER II MANUFACTURING BUSINESS OR IMPORT BUSINESS OF ELEVATORS
| Article 8 (Types of Manufacturing Business or Import Business) |
Types of manufacturing business or import business under the former part of Article 6 (1) of the Act shall be as specified in attached Table 1.
| Article 9 (Elevator Parts Subject to Registration of Manufacturing Business or Import Business) |
"Elevator parts prescribed by Presidential Decree" in the former part of Article 6 (1) of the Act means the elevator parts specified in attached Table 2.
| Article 10 (Standards for Registration of Manufacturing Business or Import Business) |
A person who intends to file for registration of manufacturing business or import business pursuant to the former part of Article 6 (1) of the Act shall satisfy all of the following standards: | 1. | Capital (in the case of a corporation, referring to its paid-in capital, and in the case of an individual, referring to the estimated value of his or her assets) shall be at least 200 million won; |
| 2. | The person shall have the technical personnel and equipment prescribed in subparagraph 2 of attached Table 1 by type of manufacturing business or import business under Article 8. |
| Article 11 (Period for Providing Elevator Maintenance Parts) |
| (1) | To smoothly provide elevator maintenance parts under Article 8 (1) 1 of the Act (hereinafter referred to as “maintenance parts”) or equipment or software under subparagraph 2 of that paragraph (hereinafter referred to as “equipment, etc.”), a person who files for registration of manufacturing business or import business under the former part of Article 6 (1) of the Act to engage in such business (hereinafter referred to as "manufacturing business or import business") shall provide maintenance parts or equipment, etc. of the same type for at least 10 years from the date of selling or transferring such parts or equipment, etc.: Provided, That this shall not apply where other similar maintenance parts or equipment, etc. can be used and provided. |
| (2) | Where a manufacturer or importer sells or transfers an elevator or an elevator part, he or she shall provide the relevant purchaser or transferee (including the managing body; hereafter in this Article, the same shall apply) with the following materials: |
| 2. | A warranty stating the following matters: |
| (a) | Date of sale or transfer; |
| (c) | Particulars of warranty; |
| (d) | Name (in the case of a corporation, referring to the names of the corporation and its representative), address, and telephone number of the manufacturer and importer; |
| (e) | Manufacturing country and manufacturer of, and period for retaining, maintenance parts or equipment, etc.; |
| (f) | Information on the after-sale repair and support system. |
| (3) | The warranty period under paragraph (2) 2 (b) shall be at least three years, and where any breakdown or defect occurs although a purchaser or a transferee correctly uses and manages an elevator or an elevator part in accordance with the relevant operating manual, a manufacturer or importer shall provide maintenance parts or equipment, etc. without compensation (maintenance service shall be included). |
| (4) | Matters necessary for methods and procedures for providing materials under the subparagraphs of paragraph (2) and for providing maintenance parts or equipment, etc. without compensation under paragraph (3) (maintenance service shall be included) shall be determined and publicly notified by the Minister of the Interior and Safety. |
| Article 12 (Methods for Technical Guidance and Education for Maintenance Business Operators) |
| 1. | On-line education on the website, etc. of a manufacturer or importer; |
| 2. | Audio-visual education using video recordings; |
| 3. | Written education using teaching materials and references. |
| (2) | Data relating to maintenance under Article 8 (1) 3 (b) of the Act (hereinafter referred to as "data relating to maintenance") shall be provided on the website of the relevant manufacturer or importer: Provided, That where it is impracticable to provide such data on the website, the data may be provided in the form of printed materials, etc. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for providing technical guidance, education, and data relating to maintenance shall be determined and publicly notified by the Minister of the Interior and Safety. |
| Article 13 (Disclosure of Data regarding Recommended Replacement Cycle and Prices of Elevator Parts) |
| (1) | A manufacturer or importer shall disclose data regarding the recommended replacement cycle and prices of elevator parts under Article 8 (1) 4 of the Act (limited to maintenance parts; hereafter in this Article, the same shall apply) on the website of the relevant manufacturer or importer for at least the period prescribed in the main clause of Article 11 (1): Provided, That a manufacturer or importer having no website may disclose such data on the website, etc. of an association or organization that he or she joins. |
| (2) | A manufacturer or importer shall annually update data regarding the recommended replacement cycle and prices of elevator parts under paragraph (1). |
| Article 14 (Orders for Performance Issued to Manufacturers or Importers) |
| (1) | Where 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 "Mayor/Do Governor") intends to order a manufacturer or importer to perform duties pursuant to Article 8 (3) of the Act, he or she shall give written notice thereof, stating specific measures to be taken by the manufacturer or importer, the period for performing duties, and other matters. |
| (2) | Where deemed necessary for determining whether a manufacturer or importer is subject to an order for performance under paragraph (1) (limited to cases related to Article 11 (3)), a Mayor/Do Governor may hear the opinion of the Agency, a consumer organization, or an expert in a related field such as academia on whether any breakdown or defect occurs under Article 11 (3). |
| Article 15 (Penalty Surcharges Imposed on Manufacturers or Importers in Lieu of Business Suspension) |
| (1) | The amount of a penalty surcharge under Article 10 (1) of the Act shall be calculated by applying the standards for imposing penalty surcharges under attached Table 3. |
| (2) | Where a Mayor/Do Governor imposes a penalty surcharge under Article 10 (1) of the Act, he or she shall give written notice of the payment of the penalty surcharge, specifying the provisions under which the penalty surcharge is imposed, the type of the relevant violation, and its amount. |
| (3) | Upon receipt of notice under paragraph (2), a person shall pay a penalty surcharge to a collecting agency determined by a Mayor/Do Governor within 20 days: Provided, That where it is impossible to pay the penalty surcharge by the payment deadline due to an act of God or any other unavoidable reason, the person shall pay it within seven days from the date the relevant reason ceases to exist. |
| (4) | Upon receipt of a penalty surcharge under paragraph (3), a collecting agency shall issue a receipt to the payer and shall notify such fact to a Mayor/Do Governor without delay. |
| (5) | Where a Mayor/Do Governor grants an extension of the payment deadline for penalty surcharges to a person on whom a penalty surcharge is imposed under Article 10 (1) of the Act or allows the person to pay it in installments under Article 29 of the Framework Act on Administration or Article 7 of the Enforcement Decree of that Act, the period by which the payment deadline is extended and the period for payment in installments shall not exceed one year from the date following the initial payment deadline, and the number of installments shall not exceed three.<Newly Inserted on Feb. 3, 2022> |
| (6) | Except as provided in paragraph (5), matters necessary for extending the payment deadline for penalty surcharges, filing applications for paying them in installments, and other matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Feb. 3, 2022> |
CHAPTER III SAFETY CERTIFICATION OF ELEVATOR PARTS
| Article 16 (Elevator Parts Subject to Safety Certification) |
"Elevator part prescribed by Presidential Decree" in Article 11 (1) of the Act means an elevator safety part specified in attached Table 4 (hereinafter referred to as "elevator safety part").
| Article 17 (Details of Safety Certification of Parts) |
Where a manufacturer or importer of an elevator safety part intends to obtain safety certification of the elevator safety part (hereinafter referred to as "safety certification of a part") pursuant to Article 11 (1) of the Act, the following evaluations and tests shall be conducted: | 1. | Design evaluation: Evaluating whether technical drawings and manuals determined and publicly notified by the Minister of the Interior and Safety, such as the mechanical drawings and electrical drawings of an elevator safety part, meet the standards prescribed in Article 11 (3) 1 of the Act (hereinafter referred to as "safety standards for elevator safety parts"); |
| 2. | Safety test: Testing to verify whether an elevator safety part meets the safety standards for elevator safety parts; |
| 3. | Factory evaluation: Evaluating whether the manufacturing system of a factory that manufactures elevator safety parts, including its facilities and technical capacity, meets the standards under Article 11 (3) 2 of the Act (hereinafter referred to as "standards for evaluation of a part factory"). |
| Article 18 (Exemption from Safety Certification of Parts) |
| (1) | Exemption from safety certification of a part under Article 12 of the Act shall be classified as follows: |
| 1. | In cases falling under any of subparagraphs 1 through 3 of Article 12 of the Act: Exemption from safety certification of a part; |
| (a) | Where safety certification equivalent to safety certification of a part is obtained from a foreign institution prescribed in subparagraph 4 of Article 12 of the Act: Exemption from safety certification of a part; |
| (b) | Where an evaluation or a test equivalent to that specified in the subparagraphs of Article 17 is conducted by a foreign institution prescribed in subparagraph 4 of Article 12 of the Act: Exemption from the equivalent evaluation or test; |
| 5. | In cases falling under subparagraph 7 of Article 12, exemption classified as follows: |
| (a) | Where safety certification equivalent to safety certification of a part is obtained: Exemption from safety certification of a part; |
| (b) | Where an evaluation or a test equivalent to that specified in the subparagraphs of Article 17 is conducted: Exemption from the equivalent evaluation or test. |
| (2) | "Elevator safety part prescribed by Presidential Decree" in subparagraph 1 of Article 12 of the Act means an elevator safety part specified in attached Table 5. |
| (3) | "Elevator safety part prescribed by Presidential Decree" in subparagraph 2 of Article 12 of the Act means any of the following elevator safety parts: |
| 1. | An elevator safety part that is not sold or leased in the Republic of Korea and that is imported for the purpose of exportation; |
| 2. | An elevator safety part that is exported and brought into the Republic of Korea for repair or maintenance on condition that the part is released. |
| (4) | A person who intends to be fully or partially exempted from safety certification of a part pursuant to Article 12 of the Act shall file an application for exemption with the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 19 (Regular Evaluations of Elevator Safety Parts) |
| (1) | A manufacturer or importer of an elevator safety part shall have such part undergo an evaluation conducted by the Minister of the Interior and Safety every three years from the date he or she obtains safety certification of the part pursuant to Article 13 (1) of the Act (hereinafter referred to as "regular evaluation of a part"). |
| (2) | Where the Minister of the Interior and Safety conducts a regular evaluation of a part, he or she shall verify the following matters: |
| 1. | Whether the relevant elevator safety part meets the safety standards for elevator safety parts; |
| 2. | Whether the manufacturing system of a factory that manufactures the relevant elevator safety part, such as its facilities and technical capacity, meets the standards for evaluation of a part factory; |
| 3. | Whether a self-evaluation of the relevant elevator safety part is conducted and the records of such evaluation are prepared and retained under Article 13 (2) of the Act; |
| 4. | Other matters publicly notified by the Minister of the Interior and Safety as deemed necessary to ensure the safety of the relevant elevator safety part. |
| (3) | Where a manufacturer or importer of an elevator safety part has an objection to the results of a regular evaluation of the part, he or she may request the Minister of the Interior and Safety to conduct a re-evaluation. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for application for a regular evaluation of a part, notification of the results of such evaluation, a re-evaluation, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 20 (Details of Safety Certification of Elevators) |
Where a manufacturer or importer of an elevator intends to obtain safety certification of an elevator by model pursuant to the main clause of Article 17 (1) of the Act (hereinafter referred to as "safety certification of a model elevator"), the following evaluations and tests shall be conducted: | 1. | Design evaluation: Evaluating whether technical drawings and manuals determined and publicly notified by the Minister of the Interior and Safety, such as the mechanical drawings and electric circuits of an elevator, meet the standards prescribed in Article 17 (3) 1 of the Act (hereinafter referred to as "elevator safety standards"); |
| 2. | Safety test: Testing to verify whether an elevator meets the elevator safety standards; |
| 3. | Factory evaluation: Evaluating whether the manufacturing system of a factory that manufactures an elevator, such as its facilities and technical capacity, meets the standards under Article 17 (3) 2 of the Act (hereinafter referred to as "standards for evaluation of an elevator factory"). |
| Article 21 (Exemption from Safety Certification of Elevators) |
| 1. | In cases falling under any of subparagraphs 1 through 3 of Article 18 of the Act: Exemption from safety certification of an elevator; |
| (a) | Where safety certification equivalent to safety certification of a model elevator is obtained from a foreign institution prescribed in subparagraph 4 of Article 18 of the Act: Exemption from safety certification of a model elevator; |
| (b) | Where an evaluation or a test equivalent to that specified in the subparagraphs of Article 20 is conducted by a foreign institution prescribed in subparagraph 4 of Article 18 of the Act: Exemption from the equivalent evaluation or test; |
| (a) | Where safety certification equivalent to safety certification of an elevator is obtained: Exemption from safety certification of an elevator; |
| (b) | Where an evaluation or a test equivalent to that prescribed in the subparagraphs of Article 20 is conducted: Exemption from the equivalent evaluation or test. |
| (2) | "Elevator prescribed by Presidential Decree" in subparagraph 1 of Article 18 of the Act means an elevator specified in attached Table 5. |
| (3) | "Elevator prescribed by Presidential Decree" in subparagraph 2 of Article 18 of the Act means an elevator that is not sold nor installed in the Republic of Korea and that is imported for the purpose of exportation. |
| (4) | A person who intends to obtain exemption from safety certification of an elevator under Article 18 of the Act shall file an application for exemption with the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 22 (Regular Evaluations of Elevators) |
| (1) | A manufacturer or importer of an elevator shall have such elevator undergo an evaluation conducted by the Minister of the Interior and Safety every three years from the date he or she obtains safety certification of the elevator pursuant to Article 19 (1) of the Act (hereinafter referred to as "regular evaluation of an elevator"). |
| (2) | Where the Minister of the Interior and Safety conducts a regular evaluation of an elevator, he or she shall verify the following matters: |
| 1. | Whether the relevant elevator meets the elevator safety standards; |
| 2. | Whether the manufacturing system of a factory that manufactures the relevant elevator, including its facilities and technical capacity, meets the standards for evaluation of an elevator factory; |
| 3. | Whether a self-evaluation of the relevant elevator is conducted and the records of such evaluation is prepared and retained under Article 19 (2) of the Act; |
| 4. | Other matters publicly notified by the Minister of the Interior and Safety as deemed necessary to ensure the safety of an elevator. |
| (3) | Where a manufacturer or importer of an elevator has an objection to the results of a regular evaluation of the elevator, he or she may request the Minister of the Interior and Safety to conduct a re-evaluation. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for application for a regular evaluation of an elevator, notification of the results of such evaluation, a re-evaluation, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 23 (Standards for Designation of Designated Certification Agencies) |
A person who intends to be designated as an agency for safety certification of a part (hereinafter referred to as "designated certification agency") pursuant to Article 23 (1) of the Act shall meet all of the following standards for designation: | 1. | The person shall be a non-profit corporation or organization which engages mainly in safety tests on elevator safety parts; |
| 3. | The person shall have facilities that test at least 1/3 of elevator safety parts and that are required according to the safety standards for elevator safety parts; |
| 4. | At least three of each of the following persons shall work on a permanent basis: |
| 5. | The person shall not receive any financial support from elevator business operators or from a corporation or organization comprised of elevator business operators and shall be independent in relation to safety certification of parts; |
| 6. | Where the person is a corporation or organization of a foreign country, the country shall permit a corporation or organization of the Republic of Korea to conduct safety certification of a part or perform business affairs similar thereto under the same conditions as those applicable to a corporation or organization of the country. |
| Article 24 (Penalty Surcharges Imposed on Designated Certification Agencies in Lieu of Business Suspension) |
| (2) | The Minister of the Interior and Safety may increase or decrease the amount of a penalty surcharge by up to 1/2 of the amount prescribed in paragraph (1) in consideration of the motive for, and the details, severity, frequency, etc. of, a violation. In such cases, the total amount of an increased penalty surcharge shall not exceed the maximum amount of a penalty surcharge under Article 24 (1) of the Act. |
| (3) | Where the Minister of the Interior and Safety imposes a penalty surcharge under Article 24 (1) of the Act, he or she shall give written notice of the payment of the penalty surcharge, specifying the provisions under which the penalty surcharge is imposed, the type of the relevant violation, and the amount of penalty surcharge. |
| (4) | Upon receipt of notice under paragraph (3), a person shall pay a penalty surcharge to a collecting agency determined by the Minister of the Interior and Safety within 20 days: Provided, That where it is impossible to pay the penalty surcharge by the payment deadline due to an act of God or any other unavoidable reason, the person shall pay it within seven days from the date the relevant reason ceases to exist. |
| (5) | Upon receipt of a penalty surcharge under paragraph (4), a collecting agency shall issue a receipt to the payer and shall notify such fact to the Minister of the Interior and Safety without delay. |
| (6) | Article 15 (5) and (6) shall apply mutatis mutandis to extending the payment deadline for penalty surcharges prescribed in paragraph (1) and to paying them in installments. <Newly Inserted on Feb. 3, 2022> |
| Article 25 (Orders for Improvement, Destruction, Collection, or Suspension of Sale) |
| (1) | Pursuant to Article 25 (1) or (2) of the Act, the Minister of the Interior and Safety shall order an manufacturer or importer, a seller, a rental business operator, a business operator (referring to a person falling under Article 14 (3) 6 or 20 (3) 5 of the Act), a sales broker, a purchasing agent, or an import agent of an elevator safety part or an elevator (hereinafter referred to as "manufacturer, importer, etc.") to improve, destroy, collect, or suspend the sale of such elevator safety part or elevator (hereinafter referred to as "suspension of sale, etc.") in accordance with the following classification: |
| 1. | The Minister may issue an order for suspension of sale, and may issue an order for collection or destruction for a specified period not exceeding two months in any of the following cases: |
| 2. | The Minister may issue an order for suspension of sale and issue an order for making an improvement for a specified period not exceeding one month in any of the following cases, and where sale is not suspended or the order for an improvement is not complied with, he or she may issue an order for collection or destruction for a specified period not exceeding two months: |
| (2) | An order for suspension of sale, etc. shall be issued in writing, specifying the following: |
| 1. | Trade name of a person obligated to comply with the order, and the name of the representative thereof; |
| 2. | Grounds for and details of the order; |
| 4. | Matters with which the relevant elevator safety part or elevator can be identified, such as the name of the elevator safety part, and the name and model name of the elevator; |
| 5. | Other matters deemed necessary by the Minister of the Interior and Safety for suspension of sale, etc. of the relevant elevator safety part or elevator. |
| (3) | Where the Minister of the Interior and Safety has a public official under his or her control directly destroy or collect an elevator safety part or an elevator under the former part of Article 25 (3) of the Act, he or she shall require the relevant manufacturer or importer, etc. to be present at the scene to observe the destruction or collection: Provided, That the Minister need not require the manufacturer or importer, etc. to be present at the scene, where he or she fails to comply with such request or his or her whereabouts are unknown. |
| Article 26 (Orders for Performance Issued to Manufacturers or Importers) |
| (1) | Where the Minister of the Interior and Safety issues an order for performance under Article 26 of the Act, he or she shall do so in writing, specifying the following: |
| 1. | Matters under the subparagraphs of Article 25 (2); |
| 2. | Methods for announcing the fact that an order for suspension of sale, etc. is issued under subparagraph 1 of Article 26 of the Act; |
| 3. | Other matters deemed necessary by the Minister of the Interior and Safety for announcement of any harm caused by the relevant elevator safety part or elevator, exchange of such part or elevator, refund of its price, repair, or prevention of harm. |
| (2) | A manufacturer or importer, etc. issued with an order under paragraph (1) shall submit a plan for performance to the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety, and upon completing the performance of the order, he or she shall notify the results thereof to the Minister of the Interior and Safety. |
| (3) | Where deemed necessary to determine whether an order for performance under Article 26 of the Act (limited to cases related to Article 25 (1) 2 and 3 and (2) 2 and 3 of the Act) is issued, the Minister of the Interior and Safety may request the Agency to conduct a detailed inspection of whether the relevant elevator safety part or elevator causes any harm or of other matters. |
CHAPTER IV INSTALLATION AND SAFETY MANAGEMENT OF ELEVATORS
| Article 27 (Types of Insurance) |
| (1) | The types of insurance under Article 30 (1) of the Act (hereinafter referred to as "liability insurance") shall be either elevator accident liability insurance or insurance which contains the same details as elevator accident liability insurance. |
| (2) | Liability insurance shall be purchased or re-purchased at any of the following times: |
| 2. | Where a managing body is changed, the date of such change; |
| 3. | Within the date liability insurance expires. |
| (3) | The maximum amount covered by liability insurance shall be at least the following relevant amount: Provided, That the amount of insurance money to be paid shall not exceed the amount of actual damage, except in cases falling under the proviso of subparagraph 1: |
| 1. | In the case of a death, 80 million won per person: Provided, That where the amount of actual damage incurred from the death is less than 20 million won, 20 million won shall be paid; |
| 2. | In the case of an injury, the amount determined according to the amount of insurance money by injury grade per person under subparagraph 1 of attached Table 6; |
| 3. | In the case of an injury which results in a physical disability after treatment for such injury is completed (hereinafter referred to as “permanent disability”), the amount determined according to the amount of insurance money by grade of permanent disability per person under subparagraph 2 of attached Table 6; |
| 4. | In the case of a property loss, 10 million won per accident; |
| 5. | In the case of an injured person who dies due to the relevant injury during the treatment therefor, the aggregate of the amounts under subparagraphs 1 and 2; |
| 6. | In the case of an injured person who suffers from a permanent disability due to the relevant injury, the aggregate of the amounts under subparagraphs 2 and 3; |
| 7. | In the case of a death which results from the injury after the amount under subparagraph 3 is paid, the amount calculated by subtracting the amount paid under subparagraph 3 from the amount under subparagraph 1. |
| (4) | A managing body which purchases liability insurance (including re-purchase; hereafter in this Article the same shall apply) shall require the seller of such liability insurance to enter the purchase specified in paragraph (2) into the comprehensive elevator safety information network under Article 73 (1) of the Act (hereinafter referred to as “comprehensive elevator safety information network”) within 14 days from the date of the purchase. <Amended on Feb. 3, 2022> |
| (5) | Details necessary for entry under paragraph (4) shall be determined by the Minister of the Interior and Safety. <Newly Inserted on Feb. 3, 2022> |
| Article 28 (Qualifications of Persons Eligible for Self-Examinations) |
| (1) | A managing body shall have any of the following persons who complete on-the-job education under Article 52 (2) of the Act to take charge of a self-examination of the safety of elevators under Article 31 (1) of the Act (hereinafter referred to as "self-examination"): |
| 2. | A person who has at least two months of practical work experience in designing, manufacturing, installing, certifying, inspecting, or maintaining elevators (hereinafter referred to as "practical work experience in elevators") after qualifying as an elevator industrial engineer under the National Technical Qualifications Act (hereinafter referred to as “elevator industrial engineer qualification”); |
| 3. | A person who has at least four months of practical work experience in elevators after qualifying as an elevator technician under the National Technical Qualifications Act (hereinafter referred to as "elevator technician qualification"); |
| 4. | A person who has at least four months of practical work experience in elevators after qualifying as an industrial engineer or higher in the field of machinery, electricity, or electronics under the National Technical Qualifications Act; |
| 5. | A person who has at least six months of practical work experience in elevators after qualifying as a technician in the field of machinery, electricity, or electronics under the National Technical Qualifications Act (hereinafter referred to as "technician qualification in the field of machinery, electricity, or electronics"); |
| 6. | A person who has at least six months of practical work experience in elevators after obtaining a bachelor's degree in the department of elevators, machinery, electricity, or electronics, or in any other similar department from a school prescribed in Article 2 of the Higher Education Act (including a degree acknowledged as equal to or higher than the level of such degree under statutes or regulations; hereinafter referred to as “bachelor’s degree in a department related to elevators, machinery, electricity, or electronics”); |
| 7. | A person who has at least one years of practical work experience in elevators after obtaining an associate degree in the department of elevators, machinery, electricity, or electronics, or in any other similar department from a school prescribed in Article 2 of the Higher Education Act (including a degree acknowledged as equal to or higher than the level of such degree under statutes or regulations; hereinafter referred to as “associate degree in a department related to elevators, machinery, electricity, or electronics); |
| 8. | A person who has at least one year and six months of practical work experience in elevators after graduating from the department of elevators, machinery, electricity, or electronics, or from any other similar department of a high school or a high technical school prescribed in subparagraph 3 of Article 2 of the Elementary and Secondary Education Act (hereinafter referred to as “department related to elevators, machinery, electricity, or electronics of a high school or a technical high school"); |
| 9. | A person who has at least three years of practical work experience in elevators. |
| (2) | Notwithstanding paragraph (1), any of the following persons who complete on-the-job education under Article 52 (2) of the Act shall be required to take charge of a self-examination of a high-speed elevator with a rated speed of more than four meters per second: |
| 1. | A person who has at least three years of practical work experience in elevators after obtaining elevator engineer qualifications; |
| 2. | A person who has at least five years of practical work experience in elevators after obtaining elevator industrial engineer qualifications; |
| 3. | A person who has at least seven years of practical work experience in elevators after obtaining elevator technician qualifications; |
| 4. | A person who has at least five years of practical work experience in elevators after obtaining a bachelor’s degree in a department related to elevators, machinery, electricity, or electronics; |
| 5. | A person who has at least seven years of practical work experience in elevators after obtaining an associate degree in a department related to elevators, machinery, electricity, or electronics; |
| 6. | A person who has at least nine years of practical work experience in elevators after graduating from a department related to elevators, machinery, electricity, or electronics of a high school or a technical high school; |
| 7. | A person who has at least 12 years of practical work experience in elevators. |
| Article 29 (Self-Examinations of Elevators) |
| (1) | A person in charge of a self-examination shall conduct the self-examination in accordance with the standards, items, methods, etc. therefor determined and publicly notified by the Minister of the Interior and Safety in consideration of the following: |
| 1. | Elevator safety standards; |
| 2. | Standards prescribed in data relating to maintenance; |
| 3. | Obligations of elevator-related business owners regarding safety and health and the matters to be observed by their employees under the Occupational Safety and Health Act. |
| (2) | Upon completion of a self-examination, a person in charge of the self-examination shall notify the managing body of the results thereof by grading such results as “good”, “attention”, and “urgent repair”, and the managing body shall enter the results into the comprehensive elevator safety information network within 10 days after the self-examination. <Amended on Feb. 3, 2022> |
| Article 30 (Adjustment of Cycle of Self-Examinations) |
| (1) | "Reasons prescribed by Presidential Decree, such as the introduction of new repair and management technique" in Article 31 (3) 4 of the Act means any of the following cases: |
| 1. | Where an elevator with a remote management function determined and publicly notified by the Minister of the Interior and Safety, such as a remote examination and real-time monitoring of breakdowns, is managed; |
| 2. | Where a person who files for registration of elevator maintenance business to engage in such business pursuant to the former part of Article 39 (1) of the Act (hereinafter referred to as "maintenance business operator") manages an elevator by concluding a contract for comprehensive maintenance which includes all of the safety management activities prescribed in the items of subparagraph 5 of Article 2 of the Act; |
| 3. | Where a maintenance business operator manages an elevator by concluding a contract under subparagraph 7 (c) of Article 2 of the Act (referring to a contract under which a maintenance business operator is the managing body); |
| 4. | Where a maintenance business operator selected as an excellent safety management business entity under Article 66 of the Act manages an elevator which has passed a safety inspection under Article 32 (1) of the Act for the recent two years; |
| 5. | Where an elevator not required to be installed in a building or a fixed facility under other statutes or regulations (excluding any of the following elevators) is managed: |
| (b) | An escalator under Article 3 (1) 2 (hereinafter referred to as "escalator"); |
| (c) | A wheelchair lift under Article 3 (1) 3 (hereinafter referred to as "wheelchair lift"). |
| (2) | In cases falling under any of the subparagraphs of paragraph (1), a managing body may adjust the cycle of a self-examination of the elevators that it manages by up to three months: Provided, That this shall not apply to any of the following elevators: |
| 3. | An elevator in which a serious breakdown under Article 48 (1) 2 of the Act has occurred on at least three occasions within the recent one year. |
| (3) | Where a maintenance business operator who conducts a self-examination as an agency pursuant to Article 31 (4) of the Act intends to adjust the cycle of a self-examination under the main clause, with the exception of the subparagraphs, of paragraph (2), he or she shall obtain written consent from the relevant managing body in advance. |
| Article 31 (Standards for Designation of Designated Inspection Agencies) |
A person who intends to be designated as an agency for regular inspections pursuant to Article 37 (1) of the Act (hereinafter referred to as "designated inspection agency") shall satisfy all the following standards for designation: | 1. | The person shall be a non-profit corporation or an organization established to prevent safety accidents of elevators; |
| 2. | The person shall have places of business in at least three Cities/Dos among the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"); |
| 3. | The person shall have human resources and facilities required for inspections specified in attached Table 7 in each place of business under subparagraph 2; |
| 5. | The person shall not receive any financial support from elevator business operators or from a corporation or organization comprised of elevator business operators, and shall be independent in relation to regular inspections. |
| Article 32 (Penalty Surcharges Imposed on Designated Inspection Agencies in Lieu of Business Suspension) |
| (2) | The Minister of the Interior and Safety may increase or decrease the amount of a penalty surcharge by up to 1/2 of the amount prescribed in paragraph (1) in consideration of the motive for, and the details, severity, frequency, etc. of, a violation. In such cases, the total amount of an increased penalty surcharge shall not exceed the maximum amount of a penalty surcharge under Article 38 (1) of the Act. |
| (3) | Article 24 (3) through (5) shall apply mutatis mutandis to procedures for imposing and paying a penalty surcharge under paragraph (1). |
| (4) | Article 15 (5) and (6) shall apply mutatis mutandis to extending the payment deadline for a penalty surcharge under paragraph (1) and to paying them in installments. <Newly Inserted on Feb. 3, 2022> |
| Article 33 (Standards for Registration of Elevator Maintenance Business) |
A person who intends to file for registration of elevator maintenance business pursuant to the former part of Article 39 (1) of the Act shall satisfy all of the following standards for registration: | 1. | Capital shall be at least 100 million won; |
| 2. | The person shall have technical personnel and equipment by type of elevator subject to maintenance under attached Table 8. |
| Article 34 (Percentage of Subcontracts for Maintenance Work) |
| (1) | "Percentage prescribed by Presidential Decree" in the proviso of Article 42 of the Act means the following: |
| 1. | Where maintenance work is subcontracted: 1/2 of the maintenance work; |
| 2. | Where only replacement of elevator parts among maintenance work is subcontracted: 1/2 of replacement of elevator parts; |
| 3. | Where only a self-examination among maintenance work is subcontracted: 2/3 of the self-examination. |
| (2) | A written consent to a subcontract under the proviso of Article 42 of the Act shall include the following: |
| 1. | Trade name of the person awarded the subcontract (in the case of a corporation, referring to its name) and registration number of maintenance business; |
| 2. | Division of maintenance work between the contractor and the subcontractor; |
| 3. | Ratio of the contract amount to the subcontract amount. |
| Article 35 (Penalty Surcharges Imposed on Maintenance Business Operators in Lieu of Business Suspension) |
| (1) | The amount of a penalty surcharge under Article 45 (1) of the Act shall be calculated by applying the standards for imposing penalty surcharges prescribed in attached Table 3. |
| (2) | Article 15 (2) through (4) shall apply mutatis mutandis to procedures for imposing and paying a penalty surcharge under paragraph (1). |
| (3) | Article 15 (5) and (6) shall apply mutatis mutandis to extending the payment deadline for penalty surcharges prescribed in paragraph (1) and to paying them in installments under paragraph (1). <Newly Inserted on Feb. 3, 2022> |
| Article 36 (Matters to Be Observed by Elevator Users) |
"Matters ... prescribed by Presidential Decree" in subparagraph 3 of Article 46 of the Act shall be as follows: | 1. | Prohibition against riding an elevator in excess of its capacity; |
| 2. | Prohibition against loading freight in the excess of its rated load; |
| 3. | Other matters determined and publicly notified by the Minister of the Interior and Safety by type of elevator under Article 3. |
| Article 37 (Serious Accidents and Serious Breakdowns) |
| (1) | “Serious accident prescribed by Presidential Decree, such as death or injury of a person” in Article 48 (1) 1 of the Act means any of the following: |
| 1. | An accident causing a death; |
| 2. | An accident causing an injured person who requires hospitalization and treatment for at least one week based on a doctor’s initial diagnosis made within seven days from the date the accident occurs; |
| 3. | An accident causing an injured person who requires treatment for at least three weeks based on a doctor’s initial diagnosis made within seven days from the date the accident occurs. |
| (2) | "Serious breakdown prescribed by Presidential Decree, such as where an elevator is operated with its door open" in Article 48 (1) 2 of the Act means the breakdowns classified as follows: <Amended on Feb. 3, 2022> |
| 1. | An elevator or a wheelchair lift: A breakdown falling under the following cases: |
| (a) | Where it moves with its door open; |
| (b) | Where it is not operated because the door is derailed or damaged; |
| (c) | Where it moves continuously through the top floor or the bottom floor; |
| (d) | Where a user is stuck in the car as the elevator does not go to the intended floor (excluding a case that occurs due to a power failure or an act of God); |
| (e) | Where a user is stuck in the car as the elevator stops while in operation (excluding a case that occurs due to a power failure or an act of God); |
| (f) | Where the car, or a hanging device or means of compensation fixed to the counterweight (including components of such device or means of compensation, respectively) is derailed or falls; |
| 2. | An escalator: A breakdown falling under the following cases: |
| (a) | Where the difference between the speed of the handrails and that of the steps exceeds the level publicly notified by the Minister of the Interior and Safety; |
| (b) | Where the escalator moves at an over speed exceeding the level publicly notified by the Minister of the Interior and Safety while it moves downwards; |
| (c) | Where the steps move in the opposite direction while the escalator moves upwards; |
| (d) | Where a device for preventing an over speed or backward-moving fails to normally work; |
| (e) | Where the escalator is not operated as the steps are derailed or damaged. |
| Article 38 (Additional Investigations of Serious Accidents) |
"Accident prescribed by Presidential Decree, such as a serious accident" in Article 49 (1) of the Act means any of the following: <Amended on Feb. 3, 2022> | 1. | A serious accident under Article 48 (1) 1 of the Act (excluding where an investigation of an elevator accident under paragraph (4) of that Article finds that the accident is caused by intent or negligence of a user); |
| 2. | An accident where a user injured due to a serious breakdown prescribed in Article 48 (1) 2 of the Act requires treatment for at least one week based on a doctor’s initial diagnosis made within seven days from the date the breakdown occurs (excluding where an investigation of an elevator accident under paragraph (4) of that Article finds that the accident is caused by intent or negligence of a user). |
| Article 39 (Composition of Elevator Accident Investigation Committee) |
| (1) | The Elevator Accident Investigation Committee under Article 49 (1) of the Act (hereinafter referred to as the “Accident Investigation Committee”) shall be composed of by up to nine members including one chairperson. |
| (2) | Members of the Accident Investigation Committee shall be appointed or commissioned by the Minister of the Interior and Safety from among any of the following persons in consideration of their gender, and the chairperson shall be appointed by the Minister of the Interior and Safety from among its members: |
| 1. | A public official of Grade IV or higher of the Ministry of the Interior and Safety or a member in general service of the Senior Executive Service thereof who is in charge of the safety management of elevators; |
| 2. | A person who has at least 10 years of practical experience in legal practice after qualifying as an attorney-at-law; |
| 3. | A person who currently holds or has held a position of associate professor or higher for at least five years at a university or a college, teaching subjects related to the field of elevators such as the safety management of elevators; |
| 4. | A person who has served for at least two years as a public official of Grade IV or higher of an administrative agency or a member in general service of the Senior Executive Service; |
| 5. | A person who has worked for the Agency, a designated certification agency, or a designated inspection agency for at least 10 years and has retired therefrom prior to the recent three years; |
| 6. | A person who has worked for a business entity related to the manufacture, installation, or maintenance of elevators or elevator parts for at least 15 years and has retired therefrom prior to the recent three years. |
| (3) | A member of the Accident Investigation Committee (excluding a member under paragraph (2) 1) shall hold office for a term of three years and may be reappointed only for one consecutive term. |
| Article 40 (Operation of Accident Investigation Committee) |
| (1) | The chairperson of the Accident Investigation Committee shall convene and preside over its meetings. |
| (2) | A majority of the members of the Accident Investigation Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | Where deemed necessary, the Accident Investigation Committee may require a relevant person or a relevant expert to attend its meeting and make a statement or to present his or her opinion in writing. |
| (4) | Allowances and travel expenses may be paid to members, relevant persons, and relevant experts who attend a meeting of the Accident Investigation Committee, within the budget: Provided, That this shall not apply where a member who is a public official attends its meeting in direct connection with his or her duties. |
| (5) | Where the Accident Investigation Committee completes its deliberation and decision on an accident investigation, it shall report the results thereof to the Minister of the Interior and Safety without delay. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the operation of the Accident Investigation Committee shall be determined and publicly notified by the Minister of the Interior and Safety. |
| Article 41 (Exclusion of, Challenge to, or Recusal or Dismissal of, Members of Accident Investigation Committee) |
| (1) | Article 6 shall apply mutatis mutandis to exclusion of, challenge to, and recusal of, members of the Accident Investigation Committee. In such cases, the "Committee" shall be construed as the "Accident Investigation Committee". |
| (2) | Article 7 shall apply mutatis mutandis to withdrawal of the appointment and dismissal of members of the Accident Investigation Committee. In such cases, the "Committee" shall be construed as the "Accident Investigation Committee". |
| Article 42 (Orders to Suspend Operation of Elevators) |
Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu) issues an order to suspend the operation of an elevator pursuant to Article 50 (2) of the Act, he or she shall do so in writing, specifying the grounds for and period of suspension. <Amended on Sep. 8, 2020>
CHAPTER V REPORTING ON CAREERS OF TECHNICIANS AND EDUCATION THEREOF
| Article 43 (Technicians Subject to Reporting on Careers) |
“Technician ... prescribed by Presidential Decree" in the former part, with the exception of the subparagraphs, of Article 51 (1) of the Act means a technician specified in attached Table 9.
| Article 44 (Affairs Subject to Reporting on Careers) |
| 1. | Advice on the design of an elevator; |
| 2. | Elevator installation work; |
| 3. | Supervision over elevator installation work. |
| Article 45 (Standards for Designation of Educational Institutions) |
Standards for designating an institution dedicated to technical education or on-the-job education under Article 53 (1) of the Act (hereinafter referred to as "educational institution") shall be as follows: | 1. | It shall be any of the following corporations, organizations, or institutions: |
| (c) | A non-profit corporation established with permission from the Minister of the Interior and Safety to conduct affairs related to technical education or on-the-job education; |
| 2. | It shall have human resources, facilities, and equipment specified in attached Table 10. |
| Article 46 (Grounds for Revoking Designation of Educational Institutions) |
“Cases where it falls under any ground prescribed by Presidential Decree" in Article 53 (2) 5 of the Act means where an educational institution becomes unable to conduct technical education under Article 52 (1) of the Act or on-the-job education under paragraph (2) of that Article due to business suspension for at least one month without good cause.
CHAPTER VI KOREA ELEVATOR SAFETY AGENCY
| Article 47 (Government Subsidies) |
Where the Agency intends to receive a subsidy to cover expenses incurred in performing its business or a loan for financial funds under Article 60, it shall submit to the Minister of the Interior and Safety an application for a subsidy, etc., along with a business plan and a budget execution plan.
| Article 48 (Disposal of Important Property) |
| (2) | Where any important property under paragraph (1) is transferred, taken over, leased, exchanged, or offered as security, the Minister of the Interior and Safety shall grant approval therefor in advance: Provided, That this shall not apply to matters included in a business plan and the budget approved by the Minister of the Interior and Safety pursuant to Article 61 (2) of the Act. |
| Article 49 (Submission of Business Plans) |
| (1) | The Agency shall submit a business plan and a budget proposal for the following year to the Minister of the Interior and Safety by November 30 of each year and shall obtain approval thereof from him or her under Article 61 (2) of the Act. |
| (2) | Where a business plan and a budget proposal under paragraph (1) are submitted, documents necessary to clarify the details thereof shall be attached thereto. |
| (3) | Where the Agency intends to modify a business plan and a budget approved under paragraph (1), it shall submit a document stating the grounds for and details of such modification to the Minister of the Interior and Safety and shall obtain approval thereof from him or her. |
| Article 50 (Handling of Surplus) |
Where any surplus accrues in the settlement of accounts for each business year, the Agency shall appropriate such surplus to cover losses carried forward and the remainder shall be used as funds for its projects for the following year.
| Article 51 (Standards for Human Resources and Facilities) |
The standards for human resources and facilities, including technical personnel, and facilities for testing and inspection, that the Agency is required to satisfy under Article 61 (3) of the Act shall be as specified in attached Table 11.
CHAPTER VII PROMOTION OF ELEVATOR SAFETY INDUSTRY
| Article 52 (Guidance on Subcontracts or Joint Contracts) |
| (1) | Where deemed necessary to maintain a cooperative relationship between a manufacturer or importer and a maintenance business operator, or between a maintenance business operator which is a large enterprise and a maintenance business operator which is a small and medium enterprise under Article 67 (1) of the Act, the Minister of the Interior and Safety may determine and publicly notify the following matters regarding a subcontract, a joint contract, etc. and may provide guidance accordingly: |
| 1. | Standards for the type and operation of a joint contract; |
| 2. | Recommendations regarding mutual cooperation, such as support for human resources; |
| 3. | Standards for evaluation of mutual cooperation. |
| (2) | The Minister of the Interior and Safety may evaluate a cooperative relationship prescribed in paragraph (1) and may request a relevant agency to cooperate in giving preferential treatment to a manufacturer or importer, or a maintenance business operator that demonstrates outstanding performance, when awarding a contract for the installation or maintenance of elevators. |
| Article 53 (Registration of Partners) |
| (1) | Where deemed necessary for requiring a manufacturer or importer of an elevator to have the relevant maintenance business operator registered as a partner pursuant to Article 67 (2) of the Act, the Minister of the Interior and Safety may determine and publicly notify methods, procedures, etc. for the registration of a partner and may provide guidance accordingly. |
| (2) | A manufacturer or importer of an elevator may request a maintenance business operator who intends to be registered as a partner pursuant to Article 67 (2) of the Act to submit data, such as the results of maintenance work and financial structures. |
| (3) | Where registration is to be made pursuant to Article 67 (2) of the Act, the term of validity of such registration shall be three years and it may be extended continuously by an agreement between the parties. |
| Article 54 (Matters to Be Observed in Cooperative Relationship) |
| (1) | A manufacturer or importer of an elevator that has a partner registered pursuant to Article 67 (2) of the Act and the partner shall determine matters to be mutually observed by an agreement, and they shall faithfully fulfill such matters on equal terms. |
| (2) | A manufacturer or importer of an elevator that has a partner registered pursuant to Article 67 (2) of the Act may provide assistance with human resources, technology, etc. for the performance of maintenance work by an agreement with the partner. In such cases, the manufacturer or importer of an elevator shall not interfere with the management or business affairs of the partner on grounds of assistance. |
| Article 55 (Termination of Registration of Partners) |
A manufacturer or importer of an elevator that has a partner registered pursuant to Article 67 (2) of the Act and the partner may terminate registration if the other party fails to fulfill the matters to be observed under Article 54.
| Article 56 (Matters to Be Entered in Articles of Association) |
Matters to be entered in the articles of association of the Association of Elevator Business Operators established pursuant to Article 68 of the Act (hereinafter referred to as the "Association") shall be as follows: | 3. | Location of its main office; |
| 5. | Qualifications of members; |
| 6. | Number, terms of office, and election methods of executive officers; |
| 7. | Composition of general meetings and matters to be resolved thereat; |
| 8. | Composition of the board of directors and matters to be resolved thereat; |
| 9. | Matters regarding assets and accounting; |
| 10. | Procedures for changing the articles of association. |
| Article 57 (Supervision over Association) |
The Association shall submit its business plan and budgetary bill on revenues and expenditures to the Minister of the Interior and Safety before each fiscal year begins.
| Article 58 (Number of Elevator Business Operators Required to Give Consent When Association Is Established) |
"Number ... prescribed by Presidential Decree" in Article 69 (1) of the Act means 1/5 of elevator business operators qualified as members.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 59 (Entering Results of Certification or Inspections) |
A person who grants or conducts any of the following certification or inspections shall enter the results thereof into the comprehensive elevator safety information network within five days under Article 72 (2) of the Act after the relevant certification or inspection: 1 Safety certification of a part;
| 2. | Safety certification of an elevator; |
| Article 60 (Issuance and Affixing of Signs with Elevator Numbers) |
| (1) | The Minister of the Interior and Safety shall assign an identification number to each elevator that has undergone an installation inspection under Article 28 (1) of the Act (hereinafter referred to as "elevator number") to establish and operate the comprehensive elevator safety information network pursuant to Article 73 (1) of the Act and shall issue a sign on which the elevator number is inscribed to the manufacturer or importer of the relevant elevator. |
| (2) | A person issued with a sign on which an elevator number is inscribed under paragraph (1) shall immediately affix such sign to the relevant elevator. |
| (3) | Where a sign on which an elevator number is inscribed pursuant to paragraph (2) is damaged, a managing body shall be issued with a new sign and immediately affix it to the relevant elevator. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for methods of assigning an elevator number, a place where a sign on which an elevator number is inscribed is affixed, expenses incurred in issuing such sign, etc. shall be determined and publicly notified by the Minister of the Interior and Safety. |
[Title Amended on Feb. 3, 2022]
| Article 61 (Methods of Submission of Materials) |
A person who is requested to submit any of the following may submit the relevant materials (including electronic documents) by visit, mail, fax, email, or other electronic means:
| 1. | Materials necessary for establishing and operating the comprehensive elevator safety information network under Article 73 (2) of the Act; |
| 2. | Materials regarding human resources, equipment, or performance records of a designated certification agency, a designated inspection agency, and an educational institution under Article 75 (1) of the Act; |
| Article 62 (Range of Fees Prescribed by Ordinance of City/Do) |
The range of fees prescribed by ordinance of each City/Do pursuant to Article 76 (2) of the Act shall not exceed an amount specified in attached Table 12.
| Article 63 (Delegation of Authority) |
The Minister of the Interior and Safety shall delegate the following authority to a Mayor/Do Governor pursuant to Article 78 (1) of the Act: | 1. | Revocation of safety certification of a part, an order to prohibit the use of a safety certification mark, etc. of a part, or an order for improvement under Article 16 (1) of the Act, and public announcement under paragraph (2) of that Article; |
| 2. | Revocation of safety certification of an elevator, an order to prohibit the use of a safety certification mark, etc. of an elevator, or an order for improvement under Article 21 (1) of the Act, and public announcement under paragraph (2) of that Article; |
| 3. | Ordering a safety management technician to suspend his or her business under Article 54 (1) of the Act (limited to cases falling under subparagraphs 1 and 2 of that paragraph). |
| Article 64 (Entrustment of Business Affairs) |
| (1) | The Minister of the Interior and Safety shall entrust the following business affairs to the Agency pursuant to Article 78 (2) and (3) of the Act: Provided, That this shall not apply to the duties entrusted to a designated certification agency pursuant to paragraph (3) and the business affairs entrusted to a designated inspection agency pursuant to paragraph (4) among those prescribed in subparagraphs 2, 7, and 10: |
| 1. | Verification of exemption from safety certification of a part under Article 12 of the Act (excluding subparagraph 2 of that Article); |
| 3. | Verification of exemption from safety certification of an elevator under Article 18 of the Act (excluding subparagraph 2 of that Article); |
| 6. | Receipt of notification of appointment, replacement, etc. of an elevator safety manager under Article 29 of the Act; |
| 7. | Issuance of a certificate of inspection and an operation prohibition mark under Article 34 of the Act; |
| 11. | Establishment and operation of the comprehensive elevator safety information network and provision of information; |
| 1. | Verification of exemption from safety certification of a part under subparagraph 2 of Article 12 of the Act; |
| 2. | Verification of exemption from safety certification of an elevator under subparagraph 2 of Article 18 of the Act; |
| (3) | Pursuant to Article 78 (3) of the Act, the Minister of the Interior and Safety may entrust a regular evaluation of an elevator safety part prescribed in Article 13 (1) of the Act to the relevant designated certification agency which conducts part of safety certification of a part on his or her behalf pursuant to the proviso, with the exception of the subparagraphs, of Article 22 (1) of the Act. |
| (4) | Pursuant to Article 78 (3) of the Act, the Minister of the Interior and Safety may entrust the following duties to the relevant designated inspection institution which conducts part of a regular inspection on his or her behalf pursuant to the proviso, with the exception of the subparagraphs, of Article 36 (1) of the Act: |
| (5) | The Minister of the Interior and Safety may entrust the following duties to the Agency or the Association pursuant to Article 78 (3) of the Act: |
| 2. | Management of matters regarding the career, etc. of a technician and issuance of a certificate under Article 51 (2) of the Act; |
| (6) | Where the Minister of the Interior and Safety entrusts the business affairs pursuant to paragraph (3) through (5), he or she shall publicly notify a person entrusted with the business affairs and the details of the entrusted business affairs. |
| Article 65 (Processing of Sensitive Information and Personally Identifiable Information) |
| (1) | The Minister of the Interior and Safety (including a Mayor/Do Governor delegated with the authority of the Minister of the Interior and Safety pursuant to Article 63 and a person entrusted with the duties of the Minister of the Interior and Safety pursuant to Article 64 (1) and (3) through (5)) may process any data that constitutes criminal history records prescribed in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act (hereinafter referred to as "data on criminal history records"), and data containing resident registration numbers, passport numbers, or alien registration numbers (hereinafter referred to as "resident registration numbers, etc.") under subparagraph 1, 2, or 4 of Article 19 of that Decree, if unavoidable to perform the following: |
| 1. | Affairs regarding safety certification of a part, exemption from safety certification of a part, and a regular evaluation of an elevator safety part under Articles 11 through 13 of the Act; |
| 2. | Affairs regarding safety certification of an elevator, exemption from safety certification of an elevator, and a regular evaluation of an elevator under Articles 17 through 19 of the Act; |
| 3. | Affairs regarding designation, revocation of designation, or suspension of business of a designated certification agency and imposition of a penalty surcharge thereon under Articles 23 and 24 of the Act; |
| 4. | Affairs regarding an order for suspension of sale, etc., and an order for performance issued to a manufacturer or importer, etc. under Articles 25 and 26 of the Act; |
| 5. | Affairs regarding notification of appointment, replacement, etc. of an elevator safety manager under Article 29 of the Act; |
| 7. | Affairs regarding execution of an installation inspection and a safety inspection by proxy; designation, revocation of designation, or suspension of business of a designated inspection agency; and imposition of a penalty surcharge on a designated inspection agency under Articles 36 through 38 of the Act; |
| 9. | Affairs regarding designation, revocation of designation, or suspension of business of an educational institution under Article 53 of the Act; |
| 10. | Affairs regarding suspension of business of a safety management technician under Article 54 of the Act; |
| 11. | Affairs regarding the selection, etc. of an excellent safety management business entity under Article 66 of the Act; |
| 13. | Affairs regarding the establishment and operation of the comprehensive elevator safety information network under Article 73 of the Act; |
| (2) | A Mayor/Do Governor (including a person entrusted with the duties of a Mayor/Do Governor pursuant to Article 64 (2)) may process data on criminal history records or data containing resident registration numbers, etc., if unavoidable to perform the following: |
| 1. | Affairs regarding registration, registration of modification, revocation of registration, and suspension of business of manufacturing business or import business, and imposition of penalty surcharges under Articles 6, 9, and 10 of the Act; |
| 3. | Affairs regarding registration, registration of modification, revocation of registration, and suspension of business of maintenance business, and imposition of penalty surcharges under Articles 39, 44, and 45 of the Act; |
| (3) | A public official who performs affairs related to inspections under Article 75 (3) of the Act may process data on criminal history records and data containing resident registration numbers, etc., if inevitable to perform such affairs. |
| Article 66 (Re-Examination of Regulation) |
The Minister of the Interior and Safety shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Mar. 8, 2022>
| 1. | Standards for registration of manufacturing business or import business under Article 10: July 1, 2019; |
| 2. | Elevator parts subject to safety certification under Article 16: July 1, 2019; |
| 3. | Standards for designation of a designated certification agency under Article 23: July 1, 2019; |
| 4. | Standards for the maximum amount covered by liability insurance under Article 27: July 1, 2019; |
| 5. | Qualifications of a person eligible for a self-examination under Article 28: July 1, 2019; |
| 6. | Standards for designation of a designated inspection agency under Article 31: July 1, 2019; |
| 7. | Standards for registration of elevator maintenance business under Article 33: July 1, 2019; |
| 8. | Percentage of subcontracts for maintenance work under Article 34: July 1, 2019; |
| 9. | Standards for designation of an educational institution under Article 45: July 1, 2022. |
CHAPTER IX PENALTY PROVISIONS
| Article 67 (Criteria for Imposition of Administrative Fines) |
ADDENDA <Presidential Decree No. 29498, Jan. 22, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2019.
Article 2 (Applicability to Period for Providing Elevator Maintenance Parts)
The amended provisions of Article 11 (1) shall begin to apply where manufacturers or importers sell or transfer maintenance parts or equipment, etc. on or after the date this Decree enters into force. Article 3 (Applicability to Percentage of Subcontracts for Replacement of Elevator Parts)
The amended provisions of Article 34 (1) 2 shall begin to apply where subcontracts for replacement of elevator parts are concluded on or after the date this Decree enters into force. Article 4 (Special Cases concerning Regular Evaluations of Elevator Safety Parts)
Any of the following elevator parts for which three years have passed from the date a report was filed as at the time this Decree enters into force shall undergo a regular evaluation of the part under the amended provisions of Article 19 within six months from the date this Decree enters into force. In such cases, a regular evaluation of the part shall be conducted every three years from the date an initial regular evaluation of the part is conducted: Article 5 (Transitional Measures concerning Standards for Registration of Manufacturing Business or Import Business)
| (1) | A person who files for registration, or registration of modification, of elevator manufacturing business or import business under the previous Elevator Facilities Safety Management Act as at the time this Decree enters into force and who fails to meet the standards for registration under the amended provisions of subparagraph 2 of attached Table 1 (limited to the parts regarding practical work experience in elevators of responsible technical personnel; hereafter in this paragraph the same shall apply) shall meet the standards for registration prescribed in such amended provisions within three years from the date this Decree enters into force. |
| (2) | A person who files for registration, or registration of modification, of elevator manufacturing business or import business under the previous Elevator Facilities Safety Management Act as at the time this Decree enters into force and who fails to meet the standards for registration under the amended provisions of subparagraph 2 of attached Table 1 (excluding the parts regarding practical work experience in elevators of responsible technical personnel; hereafter in this paragraph the same shall apply) shall meet the standards for registration prescribed in such amended provisions within six months from the date this Decree enters into force. |
Article 6 (Transitional Measures concerning Adjustment of Cycle of Self-Examinations)
An elevator, the cycle of a self-examination of which is adjusted pursuant to the previous Elevator Facilities Safety Management Act as at the time this Decree enters into force, shall be deemed an elevator, the cycle of a self-examination of which is adjusted pursuant to the amended provisions of Article 30 (2). Article 7 (Transitional Measures concerning Standards for Registration of Maintenance Business Operators)
A person who files for registration of elevator maintenance business under the previous Elevator Facilities Safety Management Act as at the time this Decree enters into force and who fails to meet the standards for registration prescribed in the amended provisions of subparagraph 2 of attached Table 8 shall meet the standards for registration specified in such amended provisions within six months from the date this Decree enters into force. Article 8 (Transitional Measures concerning Standards for Designation of Educational Institutions)
An institution that is publicly notified by the Minister of the Interior and Safety under the previous Elevator Facilities Safety Management Act as at the time this Decree enters into force and that fails to meet the standards for designation prescribed in the amended provisions of attached Table 10 shall meet the standards for designation specified in such amended provisions within one year from the date this Decree enters into force. Article 9 (Transitional Measures concerning Registration of Partners)
Where a manufacturer or importer of an elevator registers a partner before this Decree enters into force, he or she shall be deemed to register the partner pursuant to the amended provisions of Article 53. Article 10 (Transitional Measures concerning Standards for Imposing Administrative Fines)
| (2) | The imposition of an administrative fine for a violation committed before this Decree enters into force shall not be included in calculating the number of violations under the amended provisions of attached Table 13. |
Article 11 Omitted.
Article 12 (Relationship to Other Statutes or Regulations)
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 16, 2020. (Proviso Omitted.)
Articles 2 through 33 Omitted.
ADDENDUM <Presidential Decree No. 30993, Sep. 8, 2020>
This Decree shall enter into force on January 1, 2021.
ADDENDA <Presidential Decree No. 31328, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2022.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32169, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Transitional Measure concerning Amendment to the Enforcement Decree of the Elevator Safety Management Act) Notwithstanding the amended provisions of subparagraph 2 (r) of attached Table 13 of the Enforcement Decree of the Elevator Safety Management Act, the previous provisions shall apply to the application of standards for imposing an administrative fine for a violation committed before this Decree enters into force. Articles 4 through 7 Omitted.
ADDENDA <Presidential Decree No. 32382, Feb. 3, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 2, 2022.
Article 2 (Applicability to Extension of Payment Deadline for Penalty Surcharges and Payment in Installments)
The amended provisions of Articles 15 (5) and (6), 24 (6), 32 (4), and 35 (3) shall begin to apply where any ground for imposing a penalty surcharge arises on or after the date this Decree enters into force. Article 3 (Applicability to Period for Entering Results of Self-Examinations)
The amended provisions of Article 29 (2) shall also apply where 10 days have not elapsed since a self-examination was conducted as at the time this Decree enters into force. Article 4 (Transitional Measures concerning Serious Breakdowns Requiring Notification of Elevator Breakdowns)
Notwithstanding the amended provisions of Article 37 (2) 1 (d), the previous provisions shall apply to notification of elevator breakdowns that occur before this Decree enters into force. Article 5 (Transitional Measures concerning Additional Investigation of Serious Accidents)
Notwithstanding the amended provisions of subparagraph 2 of Article 38, the previous provisions shall apply to additional investigations of accidents that occur before this Decree enters into force. Article 6 (Transitional Measures concerning Standards for Imposing Administrative Fines)
Notwithstanding the amended provisions of attached Table 13, the previous provisions shall apply to the application of standards for imposing an administrative fine for a violation committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.