Article 43(Designation of inspection institutions) #
(1) The Minister of Climate, Energy and Environment may designate institutions to inspect raw materials, products, containers, etc. collected pursuant to Article 42(1)3 and to examine the quality of drinking water pursuant to Article 5(2). Where any designated institution (hereinafter referred to as "inspection institution") intends to alter important matters prescribed by Decree of the Ministry of Climate, Energy and Environment, it shall file a report on alterations with the Minister of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
(2) The Minister of Climate, Energy and Environment shall notify a person who has filed a report on alterations under the latter part of paragraph (1) as to whether or not to accept such report, within 20 days from the date of the receipt thereof. <Added on Jan. 5, 2021; Oct. 1, 2025>
(3) Where the Minister of Climate, Energy and Environment fails to notify a person who has filed a report as to whether or not to accept it or the extension of the processing period pursuant to the statutes or regulations related to the processing of civil petitions, within the period prescribed in paragraph (2), the report on alterations shall be deemed accepted on the following day after the end of such period (referring to the relevant processing period where the processing period under the statutes or regulations related to the processing of civil petitions is extended or re-extended). <Added on Jan. 5, 2021; Oct. 1, 2025>
(4) Inspection institutions shall be classified into institutions to examine the quality of drinking water, institutions to inspect water treatment chemicals, institutions to conduct the quality tests of water purifiers, and institutions to conduct the performance tests of water purifiers. <Amended on Jan. 5, 2021>
(5) None of the following persons shall be designated as an inspection institution under paragraph (1): <Added on Mar. 21, 2008; Feb. 3, 2015; Dec. 24, 2018; Jan. 5, 2021>
1. A person who is under adult guardianship or limited guardianship;
2. A person sentenced to imprisonment with labor for a violation of this Act in whose case two years have not elapsed from the date of the termination of execution of such sentence (including where such execution is deemed terminated) or from the date of the exemption from such execution;
3. A person sentenced to suspension of execution of imprisonment with labor for a violation of this Act, who is in the period of suspension of such execution;
4. A person in whose case four years have not elapsed after designation was revoked pursuant to paragraph (8);
5. A corporation or institution, any of whose executives or representatives falls under any of subparagraphs 1 through 4.
(6) Where the Minister of Climate, Energy and Environment receives an application for designation as an inspection institution or designates an inspection institution pursuant to paragraph (1), he or she may assess its capability to measure and analyze water quality. <Amended on Mar. 21, 2008; Jan. 5, 2021; Oct. 1, 2025>
(7) Institutions designated to conduct the quality tests of water purifiers pursuant to paragraph (1) may each establish a deliberative committee on the quality of water purifiers in order to ensure the fair quality tests of water purifiers. <Amended on Mar. 21, 2008; Jan. 5, 2021>
(8) In any of the following cases, the Minister of Climate, Energy and Environment may revoke designation of an inspection institution or take a disposition suspending its business for a specified period of up to six months; provided, in the case of subparagraph 1, 1-2, 2 or 3, the Minister of Climate, Energy and Environment must revoke the designation of the inspection institution: <Amended on Mar. 21, 2008; Mar. 22, 2010; Jan. 21, 2014; Jan. 5, 2021; Feb. 20, 2024; Oct. 1, 2025>
1. Where it is designated by fraud or other improper means;
1-2. Where the inspection institution falls under any subparagraph of paragraph (5); provided, where a corporation or institution replaces its executive or representative falling under paragraph (5)1 through 4 with a newly appointed executive or representative within three months, such designation shall not be revoked;
2. Where the inspection institution issues false inspection reports or makes false records of the inspection results under paragraph (12) intentionally or by gross negligence, while conducting inspections under this Act or other statutes (limited to statutes stipulating that inspections shall be conducted by inspection institutions designated under Article 43);
3. Where the inspection institution conducts inspections and tests as an agent in the period during which its business is suspended;
4. Where the inspection institution fails to commence inspections and tests as an agent within one year after designation and has no record of conducting inspections and tests for at least one year;
5. Where it fails to file a report on alterations under paragraph (1);
6. Where the inspection institution fails to meet the assessment standards set under paragraph (9) as a result of the assessment conducted under paragraph (6);
7. Where the inspection institution fails to meet the standards for technical human resources and facilities under paragraph (9);
8. Where the inspection institution fails to meet any of the requirements determined under paragraph (12).
9. Where the inspection institution re-entrusts an inspection or is re-entrusted with it, in violation of paragraph (14).
(9) The standards for technical human resources and facilities required to be designated as an inspection institution pursuant to paragraphs (1) through (6), filing applications for designation as an inspection institution, the designation of an inspection institution, the assessment standards, and other relevant matters, shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Mar. 21, 2008; Jan. 5, 2021; Oct. 1, 2025>
(10) The functions of the institutions charged with the quality tests of water purifiers under paragraph (7) and the organization, members’ terms of office, functions of the deliberative committee on the quality of water purifiers, and other necessary matters, shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Mar. 21, 2008; Jan. 5, 2021; Oct. 1, 2025>
(11) Detailed standards for the administrative dispositions taken under paragraph (8) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Mar. 21, 2008; Jan. 5, 2021; Oct. 1, 2025>
(12) Inspection institutions shall meet the requirements determined by Decree of the Ministry of Climate, Energy and Environment, such as the methods of testing water quality and the recording and keeping of inspection results. <Added on Mar. 22, 2010; Jan. 5, 2021; Oct. 1, 2025>
(13) Technical human resources in charge of inspections shall undergo training conducted by the Minister of Climate, Energy and Environment, as prescribed by Decree of the Ministry of Climate, Energy and Environment. In such cases, the Minister of Climate, Energy and Environment may collect expenses for such training from employers of trainees. <Added on Mar. 22, 2010; Jan. 5, 2021; Oct. 1, 2025>
(14) Where an inspection institution conducts an inspection, it must neither re-entrust the inspection nor be re-entrusted with it. <Added on Feb. 20, 2024>