ENFORCEMENT DECREE OF THE SENIOR-FRIENDLY INDUSTRY PROMOTION ACT
Presidential Decree No. 20106, Jun. 26, 2007
Amended by Presidential Decree No. 20789, May 21, 2008
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 23807, May 23, 2012
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27599, Nov. 22, 2016
Presidential Decree No. 27806, Jan. 26, 2017
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 29972, Jul. 9, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 31379, Jan. 5, 2021
Presidential Decree No. 31520, Mar. 9, 2021
Presidential Decree No. 34521, May 21, 2024
1. | Medicines and cosmetics for senior citizens; |
2. | Means of transportation, traffic facilities and services suitable for the mobility of senior citizens; |
3. | Food and feeding services for senior citizens; |
4. | Other products or services determined and publicly notified by the Minister of Health and Welfare, which are developed for senior citizens. |
(2) | “Central administrative agencies specified by Presidential Decree" in subparagraph 4 of Article 2 of the Act means the Ministry of Oceans and Fisheries. <Added on Mar. 9, 2021> |
Article 3 (Agency for Standardization Projects in Senior-Friendly Industry) |
(1) | "Senior-friendly institute specified by Presidential Decree" in Article 8 (2) of the Act means an entity designated by the head of a relevant central administrative agency from among research institutes, institutions, or organizations which meet all of the following requirements: |
1. | To be a non-profit corporation or organization which performs standardization projects as its main business; |
2. | To be equipped with dedicated personnel, organizations, and business implementation systems determined and publicly notified by the heads of a relevant central administrative agency; |
3. | Deleted. <Jan. 5, 2021> |
(2) | An entity which intends to be designated as a senior-friendly institute under Article 8 (2) of the Act (hereinafter referred to as "agency for standardization projects in the senior-friendly industry") shall submit an application for designation (including in electronic form), together with the following documents (including electronic documents), to the head of a relevant central administrative agency pursuant to paragraph (1): <Added on Jan. 5, 2021> |
1. | Regulations on standardization projects; |
2. | A plan for the placement and management of human resources for the standardization projects; |
3. | A business plan for each project under the subparagraphs of Article 8 (1) of the Act; |
4. | Performance, if any, of the standardization projects implemented. |
(3) | Upon receipt of an application under paragraph (2), the head of the relevant central administrative agency shall examine whether the application meets all the requirements under the subparagraphs of paragraph (1) and determine whether to designate the applicant entity as an agency for standardization projects in the senior-friendly industry. <Added on Jan. 5, 2021> |
(4) | When deciding whether to make such designation under paragraph (3), the head of a relevant central administrative agency shall take into account the performance of the standardization projects implemented by the applicant entity. <Added on Jan. 5, 2021> |
(5) | Where the head of a relevant central administrative agency designates an agency for standardization projects in the senior-friendly industry pursuant to paragraph (3), he or she shall, without delay, publicly announce the following matters: <Amended on Jan. 5, 2021> |
1. | The name and address of the representative of the agency for the standardization projects in the senior-friendly industry; |
2. | The field and product item of the standardization projects; |
3. | A business plan for the standardization projects. |
Article 4 (Agencies for Projects for International Cooperation) |
"Appropriate senior-friendly institute" referred to in Article 9 (3) of the Act means a senior-friendly institute specified by Presidential Decree under Article 3 (1) and a support center for the senior-friendly industry designated under Article 5.
Article 5 (Designation Standards for Support Center for Senior-friendly Industry) |
(1) | Any person who intends to be designated as a support center for the senior-friendly industry (hereinafter referred to as "support center") under Article 10 (1) of the Act shall meet the following requirements: <Amended on Nov. 22, 2016> |
1. | To be a non-profit corporation or organization which performs support projects in the senior-friendly industry as its main business; |
2. | To meet all of following requirements capable of performing any affair under the subparagraphs of Article 10 (2) of the Act: |
(a) | To have a separate body consisting of at least four full-time workers who take the exclusive charge of effectively supporting the senior-friendly industry; |
(b) | To be headed by a person with expertise and experience on the senior-friendly industry including working experience of at least three years in such industry; |
(c) | Deleted; <Jan. 5, 2021> |
(d) | To have facilities and equipment necessary for the performance of business to nurture professional manpower on the senior-friendly industry. |
(2) | A person who intends to apply for the designation of a support center shall submit a written application for the designation of a support center in attached Form 1 (including a written application in electronic form) to the relevant central administrative agency, together with the following documents (including in electronic form): Provided, That where the data under subparagraph 1 are disclosed on the website, etc. of the relevant corporation or organization, such person need not submit said application and documents: <Amended on Dec. 9, 2014; Nov. 22, 2016; Jan. 5, 2021> |
1. | Articles of association, or regulations on business operation corresponding thereto; |
2. | Current status of retention of personnel in exclusive charge and plan for placement; |
3. | Business plans for any of the activities falling under subparagraphs of Article 10 (2) of the Act; |
4. | Organizational chart that clarifies lines of responsibility; |
5. | Resume of the head of a support center; |
6. | List of performance (if any) of investigation into or research on the senior-friendly industry over the last two years; |
7. | Current status of retention of facilities and equipment necessary for the performance of business to nurture professional manpower on the senior-friendly industry; |
8. | Written designation of a support center (only in cases of applying for renewal of designation). |
(3) | The head of a relevant central administrative agency in receipt of an application under paragraph (2) shall confirm the certificate of the matters to be filed in the register of corporation (limited to where the applicant is a corporation) through common use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended on May 4, 2010; Nov. 2, 2010> |
(4) | Where it is proved that a person who has filed an application for designation pursuant to paragraph (2) meets the requirements under paragraph (1), the head of a relevant central administrative agency shall designate such person as a support center and issue a certificate of designation of a support center in attached Form 2. |
(5) | When designating a support center pursuant to paragraph (4), the head of a relevant central administrative agency may take into account the performance of investigation into and research on the senior-friendly industry over the last two years. <Added on Jan. 5, 2021> |
(6) | The head of a relevant central administrative agency shall, after designating a support center pursuant to paragraph (4), publicly announce the following matters. This shall apply to designation for change under paragraph (7): <Amended on Jan. 5, 2021> |
1. | The name of the support center, and the name and address of the representative thereof; |
2. | The scope and content of the business to be performed by the support center. |
(7) | Where a support center designated pursuant to paragraph (4) intends to change the following among designated matters, it shall obtain approval for change from the head of the relevant central administrative agency: <Amended on Jan. 5, 2021> |
1. | Current status of retention of dedicated personnel; |
2. | The matters under paragraph (6). |
(8) | The period of validity of designation of a support center under paragraph (4) shall be two years from the date of its designation. <Added on Nov. 22, 2016; Jan. 5, 2021> |
(9) | A person who intends to continue operating a support center after termination of the period of validity under paragraph (8) shall renew its designation before said period of validity is terminated. <Added on Nov. 22, 2016; Jan. 5, 2021> |
(10) | Paragraphs (1) through (6) shall apply mutatis mutandis to the requirements of and procedures for the renewal of designation under paragraph (8). <Added on Nov. 22, 2016; Jan. 5, 2021> |
Article 6 (Report on Business Achievements) |
The head of a support center shall report the business performance of the previous year and the business plan for the current year to the head of a relevant central administrative agency until the end of January every year. The same shall apply where intending to change the business plan.
Article 7 (Standards and Procedures for Designation of Exemplary Products) |
(1) | An exemplary senior-friendly product under Article 12 (1) of the Act (hereinafter referred to as "exemplary product") shall be an item determined and publicly notified by the head of the relevant central administrative agency and shall fall under any of the following subparagraphs: <Amended on May 21, 2008; Jan. 26, 2017> |
3. | A product complying with the standards prescribed by other relevant statutes or regulations. |
(2) | A person who intends to obtain the designation for an exemplary product shall submit a written application for the designation in attached Form 3 (including an application in electronic document form) to the head of a relevant central administrative agency or the head of a support center (hereinafter the former head and the latter head are referred to as "the designating authority") which performs the business of designating exemplary products pursuant to Article 12 (3) of the Act, attaching the following documents (including electronic documents): <Amended on May 21, 2008; Dec. 9, 2014; Jan. 26, 2017> |
1. | A written description of the functions, etc. of the product; |
2. | Any of the following documents: |
(c) | Any other documents proving the compliance with the standards prescribed by any relevant Act or subordinate statute; |
(3) | Upon receiving an application for designation of an exemplary product pursuant to paragraph (2), if it is deemed that the relevant product meets the requirements under paragraph (1), the designating authority shall designate the relevant product as an exemplary product following a review by the review committee under Article 10, and shall issue a written designation in attached Form 5. <Added on May 21, 2024> |
(4) | Upon designating an exemplary product pursuant to paragraph (3), the designating authority shall, without delay, publicly announce such designation on the website of the agency to which the relevant designating authority belongs. <Added on May 21, 2024> |
(5) | Except as provided in paragraphs (1) through (4), details necessary for the standards and procedures for designating exemplary products shall be determined and publicly notified by the head of the relevant central administrative agency. <Added on May 21, 2024> |
Article 8 Deleted. <Feb. 15, 2022> |
Article 9 Deleted. <May 21, 2024> |
Article 10 (Review Committee for Exemplary Products) |
(1) | The designating authority shall organize a review committee in order to conduct reviews for the designation of exemplary products. <Amended on Mar. 9, 2021; Feb. 15, 2022> |
(2) | The review committee shall be composed of not more than 10 members, including one chairperson, in consideration of gender equality. <Amended on Mar. 9, 2021> |
(3) | The members of the review committee shall be appointed or commissioned by the designating authority from among any of the following persons: <Amended on Mar. 9, 2021; Feb. 15, 2022> |
1. | Public officials belonging to the relevant central administrative agency; |
2. | Persons with extensive knowledge of and experience in the senior-friendly industry; |
3. | Persons recommended by the heads of institutions, organizations, or corporations related to senior-friendly products. |
(4) | Except as provided in paragraphs (1) through (3), details necessary for the composition, operation, etc. of the review committee shall be determined and publicly notified by the head of the relevant central administrative agency. <Added on May 21, 2024> |
[Title Amended on Feb. 15, 2022]
Article 11 (Marking Exemplary Products) |
A person who has obtained the designation of an exemplary product pursuant to Article 7 (3) may mark the exemplary product as prescribed in Appendix 1 on the relevant product, its packaging, promotional materials, etc. <Amended on May 21, 2024> [This Article Wholly Amended on Feb. 15, 2022]
Article 12 (Public Announcements of Performance of Designation Businesses by Support Center) |
When having a support center designate exemplary products under Article 12 (3) of the Act, the head of a relevant central administrative agency shall make a public announcement thereof without delay. <Amended on Feb. 15, 2022>
Article 13 (Support for Manufacturers of Exemplary Products) |
(1) | The head of a relevant central administrative agency and the head of a local government may, in accordance with Article 15 (1) 4 of the Act, perform the following business or support a person who performs any of such business: |
1. | Business for marketing and securing of markets; |
2. | Business for establishing and operating a permanent open exhibition and sale shop; |
3. | Business for sound distribution and transaction of exemplary products. |
(2) | The head of the relevant central administrative agency may, in order to promote the purchase of exemplary products, recommend that any of the following entities purchase an exemplary product: <Amended on Feb. 15, 2022> |
1. | State agencies or local governments; |
[Title Amended on Feb. 15, 2022]
Article 14 (Recovery Procedures from Exemplary Product Manufacturers) |
Procedures determined by the National Funds Management Act and its Decrees and by the Local Finance Act and its Decrees shall apply mutatis mutandis to procedures for recovering an amount equivalent to funding paid under Article 15 (2) of the Act. [Title Amended on Feb. 15, 2022]
Article 14-2 (Re-Examination of Regulation) |
The Minister of Health and Welfare shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period ending on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Mar. 3, 2020; Feb. 15, 2022; Mar. 8, 2022>
1. | Requirements for designation of support centers for the senior-friendly industry under Article 5 (1): January 1, 2022; |
2. | Standards and procedures for designating exemplary products under Article 7: January 1, 2014. |
[This Article Added on Dec. 30, 2013]
Article 15 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines prescribed in Article 16 (1) of the Act shall be as specified in Appendix 2. [This Article Wholly Amended on Feb. 15, 2022]
ADDENDUM <Presidential Decree No. 20106, Jun. 26, 2007>
This Decree shall enter into force on June 29, 2007.
ADDENDA <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 2008.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23807, May 23, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measure concerning Amendment of Formats) The formats set under the previous provisions as at the time this Decree enters into force may be used together with the formats set under this Decree until August 31, 2012.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 3 (Transitional Measure Concerning Amendment of Enforcement Decree of Senior-Friendly Industry Promotion Act)
ADDENDUM <Presidential Decree No. 27599, Nov. 22, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27806, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of promulgation.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31379, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Requirements for Designation or Entrustment)
This Decree shall begin to apply to cases where procedures for designation or entrustment commence after this Decree enters into force for designation or entrustment under the statutes or regulations amended under this Decree.
ADDENDUM <Presidential Decree No. 31520, Mar. 9, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32437, Feb. 15, 2022>
This Decree shall enter into force on February 18, 2022.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33434, Apr. 25, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Administrative Dispositions, Penalty Surcharges, or Administrative Fines)
The amended provisions of Articles 1 through 61 shall also apply where an administrative disposition, a penalty surcharge, or an administrative fine is imposed after this Decree enters into force for a violation committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 34521, May 21, 2024>
This Decree shall enter into force 3 months after the date of its promulgation.