QUALITY CONTROL AND SAFETY MANAGEMENT OF INDUSTRIAL PRODUCTS ACT

Article 1(Purpose) #

The purpose of this Act is to provide for matters concerning creation of an environmental that facilitates quality control and support therefor in enterprises, public institutions, organizations, etc. and matters concerning the safety management of industrial products with the aim of strengthening the competitiveness of enterprises, public institutions, organizations, etc. in terms of quality and protecting the interests and safety of consumers.

Article 2(Definitions) #

The terms used in this Act shall be defined as follows: <Amended by Act No. 11690, Mar. 23, 2013>

1. The term "quality control" means management activities of enterprises, public institutions, organizations, etc. (hereinafter referred to as "enterprises, etc."), establishing quality targets for consumer satisfaction, and systematically designing, controlling and improving quality to attain such quality targets;

2. The term "quality control system" means systems established by enterprises, etc. so as to realize the quality control, by utilizing human and physical resources (including special quality control systems by industry prescribed by Presidential Decree);

3. The term "international standards" means the international standards set by the International Organization for Standardization (ISO) with respect to quality control systems;

4. The term "certification of quality control systems" means to certify that the quality control system of an enterprise, etc. is in conformity with international standards;

5. The term "industrial products" means final products or parts or accessories of such products industrially manufactured and are available to consumers without additional processing (excluding simple assembly);

6. The term "safety management of industrial products" means to control manufacturing (referring to production, assembly and processing; hereinafter the same shall apply), importation, sale, etc. of industrial products to prevent a threat to the life or health of consumers, damage to property, or harm to the natural environment caused by handling and using such products (excluding those controlled by other statutes; hereinafter the same shall apply);

7. The term "safety certification" means to certify the safety of an industrial product after conducting both product testing (which shall refer to test and inspection of an industrial product manufactured for sale; hereinafter the same shall apply) and factory inspections (which shall refer to examination of manufacturing facilities, self-inspection facilities, technical capacity, and manufacturing systems; hereinafter the same shall apply) or after conducting product testing only;

8. The term "industrial products subject to safety certification" means industrial products prescribed by Ordinance of the Ministry of Trade, Industry and Energy, the hazards of which are deemed preventable through safety certification, among those deemed highly likely to cause harm to the life and health of consumers, damage to property, or harm to the natural environment due to their structure, quality of materials, methods of use, etc.;

9. The term "industrial products subject to safety self-assurance" means industrial products prescribed by Ordinance of the Ministry of Trade, Industry and Energy, the hazards of which are deemed preventable through product testing only, among those deemed likely to cause hazards to the body of consumers due to their structure, quality of materials, or methods of use, etc.;

10. The term "industrial products subject to safety and quality labeling requirements" means the industrial products prescribed by Ordinance of the Ministry of Trade, Industry and Energy that expose consumers to the risks of accident or harm in the course of handling, using, or transporting such products or whose ingredients, performance, specifications, etc. are hard to be identified by consumers;

11. The term "child-resistant packaging" means packaging (including containers) devised so that it can be difficult for children under five years of age, unlike adults, to obtain the substance contained therein within a certain time;

12. The term "industrial products requiring child-resistant packaging" means industrial products subject to child-resistant packaging prescribed by Ordinance of the Ministry of Trade, Industry and Energy among industrial products likely to cause health hazards such as poisoning when a consumer drinks or inhales any of them;

13. The term "industrial products subject to safety management" means the following industrial products:

(a) Industrial products subject to safety certification;

(b) Industrial products subject to safety self-assurance;

(c) Industrial products subject to safety and quality labeling requirements;

(d) Industrial products requiring child-resistant packaging.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 3(Comprehensive Quality Control Policies) #

(1) The Minister of Trade, Industry and Energy shall establish and implement a comprehensive policy on quality control (hereinafter referred to as "comprehensive policies") every five years to ensure that enterprises, etc., control quality efficiently. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Comprehensive policies shall include the following matters:

1. Basic direction-setting for quality control;

2. Matters concerning creation of an environment that facilitates quality control and support therefor;

3. Matters concerning development and dissemination of quality control techniques;

4. Matters concerning education and guidance for facilitating quality control;

5. Matters concerning training and utilization of human resources specializing in the field of quality control;

6. Other matters necessary to facilitate quality control.

(3) Matters necessary for procedures, etc, for establishing comprehensive policies shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 4(Central Promotion Headquarters for Quality Control, etc.) #

(1) From among corporations, public institutions, or organizations relating to quality control (hereinafter referred to as "corporation, etc."), the Minister of Trade, Industry and Energy may designate a corporation, etc. prescribed by Presidential Decree as the central promotion headquarters for quality control in order to develop a quality control environment. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The central promotion headquarters for quality control shall carry out the following projects:

1. Development of a quality control environment;

2. Implementation of quality control-related collaborative projects with enterprises, etc.;

3. Gathering information about difficulties that enterprises, etc. face in quality control and recommending solutions to such difficulties;

4. Promotion of international exchanges and collaborative projects with foreign institutions relating to quality control;

5. Other projects prescribed by Presidential Decree necessary for developing an environment for quality control.

(3) A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") may establish a City/Do promotion headquarters for quality control in his/her jurisdiction to carry out the projects specified in each subparagraph of paragraph (2).

(4) The Minister of Trade, Industry and Energy may recommend enterprises, etc. to establish a body dedicated to quality control-related affairs in order to encourage enterprises, etc. to participate in developing a quality control environment. <Amended by Act No. 11690, Mar. 23, 2013>

(5) The Minister of Trade, Industry and Energy or a Mayor/Do Governor may lend support necessary for the central promotion headquarters for quality control or a City/Do promotion headquarters for quality control to carry out the projects specified in each subparagraph of paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 5(Supporting Institutions for Quality Control) #

(1) The Minister of Trade, Industry and Energy may designate a corporation, etc. prescribed by Presidential Decree as a supporting institution for quality control, from among corporations, etc. that provide assistance in the area of quality control, in order to help enterprises, etc. facilitate quality control. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Supporting institutions for quality control may carry out the following projects:

1. Development and dissemination of quality control techniques;

2. Development and expansion of quality control information systems;

3. Education and guidance for facilitating quality control;

4. Training of human resources specializing in quality control;

5. Other projects prescribed by Presidential Decree for facilitating quality control.

(3) The Minister of Trade, Industry and Energy may lend support necessary for the supporting institutions for quality control to carry out the projects specified in each subparagraph of paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 6(Selection of Exemplary Companies in Quality Control, etc.) #

The Government may select an enterprise, etc. or a small group or individual at a manufacturing site which has attained any significant achievement, such as quality improvement, cost reduction, improvement of productivity, or improvement of service quality, as an exemplary company in quality control, exemplary company in service quality, etc. and grant it or him/her any reward or necessary support, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 7(Accreditation, etc. of Certification Institutions of Quality Control Systems, etc.) #

(1) The Minister of Trade, Industry and Energy shall designate a corporation as an accrediting institution if the corporation has the capability to grant certification (hereinafter referred to as "accreditation"), to a person who intends to engage in any of the business affairs referred to in each subparagraph of paragraph (2), in compliance with international standards and meets the standards set by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Any person who intends to engage in any of the following business affairs shall be accredited by any entity designated under paragraph (1) (hereinafter referred to as "accrediting institution") or foreign accrediting institution under the control of the International Accreditation Forum, Inc.: <Amended by Act No. 11690, Mar. 23, 2013>

1. Certification of quality control systems;

2. Certification of qualifications for certification examiners in charge of examination for certification of quality control systems;

3. Other affairs concerning certification of quality control systems, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

(3) Any person who performs affairs concerning the certification of quality control systems under paragraph (2) 1 (hereinafter referred to as "certification institution") shall submit a report on the certification status of quality control systems, to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Accrediting institutions shall establish and publicly announce its operating rules, including accreditation standards and procedures, the revocation thereof and details concerning control and supervision over the affairs of certification institutions. The same shall apply to the amendment to such rules.

(5) Deleted. <by Act No. 13318, May 18, 2015>

(6) If any accrediting institution fails to comply with international standards in handling its affairs, the Minister of Trade, Industry and Energy may issue a corrective order. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 7-2(Improvement of Reliability of Certification of Quality Control Systems) #

(1) The Minister of Trade, Industry and Energy may carry out the following projects, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to improve reliability of the certification of quality control systems and expand quality control: <Amended by Act No. 11690, Mar. 23, 2013>

1. Fact-finding survey of certification institutions (including any branches thereof; hereafter the same shall apply in this Article) and certification of quality control systems;

2. Operation of poor certification reporting centers;

3. Establishment and operation of control system certification information networks for provision of information on certification of quality control systems, disclosure of information on poor certification, and other relevant matters;

4. Other projects prescribed by Ordinance of the Ministry of Trade, Industry and Energy to improve reliability of certification of quality control systems.

(2) Deleted. <by Act No. 13318, May 18, 2015>

(3) If the results of the projects under each subparagraph of paragraph (1) reveal that any certification institution has been engaged or is likely to engage in poor certification by failing to perform its certification-related affairs in compliance with international standards, the Minister of Trade, Industry and Energy may request the relevant accrediting institution to tighten control over such certification institution and to take corrective measures. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Newly Inserted Amended by Act No. 10961, Jul. 25, 2011]

Article 7-3(Designation, etc. of Management Agencies) #

(1) The Minister of Trade, Industry and Energy may designate any institution or organization meeting the standards set by Ordinance of the Ministry of Trade, Industry and Energy to carry out the following projects on his/her behalf. In such cases, the Minister of Trade, Industry and Energy may subsidize necessary expenses: <Amended by Act No. 11690, Mar. 23, 2013>

1. Receipt and management of data reported under Article 7 (3);

2. Projects to improve reliability of certification of quality control systems under each subparagraph of Article 7-2 (1).

(2) Any institution or organization designated under paragraph (1) shall report the implementation plan, current status, etc. of the projects it performs vicariously to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Newly Inserted Amended by Act No. 10961, Jul. 25, 2011]

Article 8 #

Deleted. <by Act No. 10028, Feb. 4, 2010>

Article 9 #

Deleted. <by Act No. 10028, Feb. 4, 2010>

Article 10 #

Deleted. <by Act No. 10028, Feb. 4, 2010>

Article 11(Deliberation Committee on Safety of Industrial Products) #

(1) A Deliberation Committee on the Safety of Industrial Products (hereinafter referred to as the "Committee") shall be established within the Ministry of Trade, Industry and Energy to deliberate on the following matters relating to the safety management of industrial products and products for children referred to in subparagraph 1 of Article 2 of the Special Act on the Safety of Products for Children (hereafter referred to as “product for children” in this Article): <Amended by Act No. Act No. 12733, Jun. 3, 2014>

1. Matters concerning the designation of industrial products subject to safety management and products for children subject to safety management under the Special Act on the Safety of Products for Children and modification of such designation;

2. Matters concerning the establishment, amendment, etc. of the standards relating to testing and inspection of industrial products subject to safety management and products for children subject to safety management under the Special Act on the Safety of Products for Children;

3. Matters requested by the Minister of Trade, Industry and Energy for deliberation in connection with any disposition, measure, etc. concerning industrial products not in compliance with this Act or products for children not in compliance with the Special Act on the Safety of Products for Children;

4. Matters concerning a master plan regarding safety management of products for children under the Special Act on the Safety of Products for Children;

5. Matters concerning safety inspection of products for children, which could affect safety of children;

6. Matters concerning major policies for safety management of products for children;

7. Matters concerning comprehensive countermeasures against accidents caused by products for children;

8. Other matters prescribed by Presidential Decree for the purpose of ensuring the safety of industrial products and products for children.

(2) The Committee shall be comprised of not more than 25 members, including one Chairperson, and the Chairperson shall be elected from among its members, and the members of the Committee shall be nominated or commissioned from among any of the following persons: <Amended by Act No. 12733, Jun. 3, 2014>

1. Public officials nominated by the heads of the agencies to which they belong, from among public officials of Grade III or equivalent or higher performing the duties relating to consumer safety in the Ministry of Strategy and Finance, the Ministry of Education, the Ministry of Justice, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Gender Equality and Family, the Ministry of Public Safety and Security, the Fair Trade Commission, the Ministry of Food and Drug Safety, and other relevant central administrative agencies prescribed by Presidential Decree;

2. Employees of the Korea Consumer Agency nominated by the President thereof, from among employees in charge of duties relating to consumer safety in the Korea Consumer Agency established under Article 33 of the Framework Act on Consumers;

3. Persons commissioned by the Minister of Trade, Industry and Energy, from among those recommended by non-governmental organizations relating to the safety of industrial products among non-profit, non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;

4. Persons commissioned by the Minister of Trade, Industry and Energy, from among those who have much knowledge and experience in the field of safety management of industrial products.

(3) The term of office of the members referred to in paragraph (2) 3 and 4 shall serve a term of office of be three years, and may be consecutively appointed for further terms.

(4) The Committee may have special sub-committees in each field to examine special issues.

(5) Matters necessary for the meetings, operation, etc. of the Committee shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 11-2(Reflection of Outcomes of Assessment of Harmfulness) #

The Minister of Trade, Industry and Energy shall reflect the outcomes of the assessment of harmfulness of chemicals conducted by the Minister of Environment under Article 18 of the Toxic Chemicals Control Act in the safety standards for industrial products subject to safety management.

[This Article Newly Inserted by Act No. 11971, Jul. 30. 2013]

Article 12(Designation, etc. of Safety-Certification Institutions) #

(1) The Minister of Trade, Industry and Energy may designate an institution to perform the safety certification-related affairs for industrial products to assure the safety of industrial products. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Any person who intends to obtain the designation under paragraph (1) shall meet the requirements prescribed by Presidential Decree for testing and inspection facilities, examination personnel, etc. necessary for safety certification and file an application with the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Trade, Industry and Energy may provide the institutions designated under paragraph (1) (hereinafter referred to as "safety-certification institution") with support necessary to perform safety certification-related affairs. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Matters necessary for designation procedures and methods under paragraphs (1) and (2) and other relevant matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 13(Revocation, etc. of Designation of Safety-Certification Institutions) #

(1) The Minister of Trade, Industry and Energy may revoke the designation or issue an order to suspend all or part of the relevant affairs for a period up to one year, if any safety-certification institution falls under any of the following: Provided, That if such institution falls under subparagraph 1 or 2, the designation shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013>

1. If it obtains the designation as a safety-certification institution by fraud or other improper means;

2. If it grants safety certification during the period of business suspension;

3. If it refuses to grant safety certification without good cause;

4. If it grants safety certification, in violation of Article 14 (3);

5. If it attaches any condition, in violation of Article 14 (4);

6. If it fails to prepare or keep safety certification records, in violation of Article 14 (5), or prepares or keeps false records;

7. If it grants safety certification, in violation of Article 18 (3).

(2) Matters necessary for standards, procedures, etc. for the revocation of designation and business suspension under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 14(Safety Certification, etc.) #

(1) Any manufacturer (including any person who manufactures industrial products subject to safety certification and exports them to the Republic of Korea; hereinafter the same shall apply) or importer of an industrial product subject to safety certification shall obtain safety certification for the industrial products subject to safety certification from a safety-certification institution by the methods under the following categories, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended by Act No. 11690, Mar. 23, 2013>

1. To undergo both product testing and factory inspections where he/she intends to obtain the safety certification of an industrial product model (referring to the type of a product with a unique name prescribed by Ordinance of the Ministry of Trade, Industry and Energy; hereinafter the same shall apply);

2. To undergo product testing only where he/she intends to obtain the safety certification of a certain quantity of an industrial product manufactured and imported or produced on a one-time basis.

(2) When any manufacturer of an industrial product subject to safety certification intends to modify safety-certified matters, he/she shall file an application for modification of safety certification with the relevant safety-certification institution in accordance with the methods and procedures prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(3) A safety-certification institution shall grant safety certification for an industrial product subject to safety certification if such product conforms to the safety standards for product testing and standards for factory inspections determined and publicly announced by the Minister of Trade, Industry and Energy: Provided, That it may grant safety certification, by applying mutatis mutandis relevant international standards, domestic or foreign standards, etc. to an industrial product subject to safety certification, the safety standards for which are not publicly announced or to which the publicly announced safety standards are not applicable, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(4) A safety-certification institution may attach conditions to safety certification, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, if necessary. <Amended by Act No. 11690, Mar. 23, 2013>

(5) A safety-certification institution shall prepare and keep safety certification records, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(6) To ascertain whether the safety of an industrial product subject to safety certification is being maintained as certified, a safety-certification institution may conduct a periodic inspection of the industrial product subject to safety certification or factory of a manufacturer of the industrial product subject to safety certification once every two years in accordance with the methods and procedures prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That non-periodic inspections may be conducted in special circumstances, such as occurrence of safety problems with any industrial product subject to safety certification. <Amended by Act No. 11690, Mar. 23, 2013>

(7) The manufacturer of an industrial product subject to safety certification shall conduct self-inspections to ascertain whether the safety of industrial products manufactured after obtaining safety certification is being maintained, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and shall prepare and keep the records of such inspections. <Amended by Act No. 11690, Mar. 23, 2013>

(8) A safety-certification institution may exempt the manufacturer of an industrial product subject to safety certification that obtains good performance in periodic inspections under the main sentence of paragraph (6) and self-inspections under paragraph (7) from all or part of the periodic inspections under the main sentence of paragraph (6), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(9) A safety-certification institution may enter into an agreement with a domestic or foreign institution specializing in testing and inspections of the safety of industrial products subject to safety certification to mutually recognize the results of product testing or factory inspections for industrial products subject to safety certification, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(10) The provisions of paragraphs (2), (4), and (6) through (8) shall not apply where safety certification is obtained by the methods referred to in paragraph (1) 2.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 15(Exemption from Safety Certification) #

(1) Where an industrial product subject to safety certification falls under any of the following, the Minister of Trade, Industry and Energy may exempt such industrial product from safety certification fully or partially, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, notwithstanding the provisions of Article 14 (1): <Amended by Act No. 11690, Mar. 23, 2013>

1. Where it is manufactured or imported for the purposes of research and development, or export;

2. Where it has obtained safety certification from a foreign safety-certification institution determined and publicly announced by the Minister of Trade, Industry and Energy;

3. Where it has obtained certification pursuant to Article 15 of the Industrial Standardization Act;

4. Where it has obtained safety certification pursuant to Article 34 (2) or (4) of the Occupational Safety and Health Act;

5. Where it has undergone a product test or factory inspection conducted by the domestic or foreign institution with which the safety-certification institution has entered into a mutual recognition agreement under Article 14 (9) and been recognized as conforming;

6. Other cases prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

(2) Industrial products fully exempt from safety certification under paragraph (1) shall be deemed obtained safety certification.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 16(Safety Certification Marks, etc.) #

(1) The manufacturer or importer of an industrial product subject to safety certification shall place a safety certification mark (hereinafter referred to as "safety certification mark") on the industrial product subject to safety certification for which safety certification has been obtained, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That this shall not apply to an industrial product subject to safety certification fully exempt from the safety certification under Article 15 (1) 1. <Amended by Act No. 11690, Mar. 23, 2013>

(2) No industrial product subject to safety certification shall bear the safety certification mark or any similar mark without obtaining safety certification.

(3) Any of the following persons shall not modify or remove, without due authorization, the safety certification mark placed on an industrial product subject to safety certification for which safety certification has been obtained:

1. A manufacturer, importer, or distributor of industrial products subject to safety certification;

2. A person who uses industrial products subject to safety certification for business purposes (hereinafter referred to as "commercial user").

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 17(Prohibition of Sale, Use, etc.) #

(1) No manufacturer, importer, or distributor of an industrial product subject to safety certification shall sell any industrial product bearing no safety certification mark, or import, display, or store such product for sale.

(2) No commercial user of an industrial product subject to safety certification shall use any industrial product bearing no safety certification mark for business purposes.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 18(Revocation, etc. of Safety Certification) #

(1) If a manufacturer of an industrial product subject to safety certification for which safety certification has been obtained falls under any of the following, safety-certification institutions may revoke such safety certification or prohibit such manufacturer from using the safety certification mark for up to six months, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That safety certification shall be revoked if such manufacturer falls under subparagraph 1 or 8: <Amended by Act No. 11690, Mar. 23, 2013>

1. If it has obtained safety certification by fraud or other improper means;

2. If the industrial product subject to safety certification manufactured after obtaining safety certification fails to meet the safety standards for product testing or standards for factory inspections under Article 14 (3);

3. If the manufacturer fails to satisfy the conditions imposed under Article 14 (4);

4. If the manufacturer refuses, interferes with, or evades periodic or non-periodic inspections under Article 14 (6);

5. If the manufacturer fails to conduct self-inspections under Article 14 (7);

6. If the manufacturer fails to prepare or keep the records of self-inspections under Article 14 (7) or prepares or keeps false records of self-inspections;

7. If the manufacturer fails to place the safety certification mark under the main sentence of Article 16 (1), or place false safety certification marks;

8. If a manufacturer who falls under subparagraphs 2 through 7 and thus is prohibited from using the safety certification mark uses the safety certification mark.

(2) If a safety-certification institution revokes safety certification or prohibits the use of the safety certification marks under paragraph (1), it shall publicly notify such fact, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Where a safety-certification institution has revoked the safety certification for an industrial product under paragraph (1), they shall not grant safety certification for any industrial product of the same model subject to safety certification, for one year from the date of revocation.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 19(Reporting, etc. on Industrial Products subject to Safety Self-Assurance) #

(1) The manufacturer or importer of an industrial product subject to safety self-assurance shall obtain safety self-assurance for each model of industrial products subject to safety self-assurance that they meet the safety standards under paragraph (2), by undergoing a safety testing and inspection conducted by a testing and inspection institution designated under paragraph (3) (hereinafter referred to as "safety self-assurance"), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and shall report the results to the Minister of Trade, Industry and Energy. Where he/she intends to modify any reported matters, he/she shall file a report on such modification. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Testing and inspection institutions designated under paragraph (3) shall conduct testing and inspections by applying the safety standards for industrial products subject to safety self-assurance determined and publicly notified by the Minister of Trade, Industry and Energy: Provided, That in cases of industrial products subject to safety self-assurance for which the safety standards are not publicly notified or to which publicly notified safety standards are not applicable, they may conduct testing and inspections by applying mutatis mutandis relevant international standards or domestic or foreign standards, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Trade, Industry and Energy shall designate and publicly announce institutions that meet the requirements prescribed by Ordinance of the Ministry of Trade, Industry and Energy, from among testing and inspecting institutions accredited under Article 23 of the Framework Act on National Standards as testing and inspection institutions for industrial products subject to safety self-assurance (hereafter referred to as "testing and inspection institution" in this Article). If any testing and inspection institution is designated, the Minister of Trade, Industry and Energy shall publicly notify such designation. <Amended by Act No. 11690, Mar. 23, 2013>

(4) The term of validity for safety self-assurance under paragraph (1) shall be five years and be reckoned from the date on which a report on safety self-assurance is filed.

(5) Where a report under paragraph (1) is filed, the manufacturer or importer of an industrial product subject to safety self-assurance shall retain the documents evidencing that the product meets the safety standards under paragraph (2), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(6) Testing and inspection institutions may enter into an agreement with a domestic or foreign institution specializing in testing and inspections concerning the safety of industrial products subject to safety self-assurance to mutually recognize the results of testing and inspections of industrial products subject to safety self-assurance, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(7) If an industrial product subject to safety self-assurance falls under any of the following, the Minister of Trade, Industry and Energy may exempt the product from the report under paragraph (1) or exempt the product from all or part of testing and inspections, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended by Act No. 11690, Mar. 23, 2013>

1. If it is manufactured or imported for the purposes of research and development, or export;

2. If it has obtained certification pursuant to Article 15 of the Industrial Standardization Act;

3. If it has obtained safety certification under Article 34 (2) or (4) of the Occupational Safety and Health Act;

4. If a report on safety self-assurance under Article 35 (1) of the Occupational Safety and Health Act has been filed;

5. If it has undergone a testing or inspection conducted by a domestic or foreign institution with which the relevant testing and inspection institution has entered into a mutual recognition agreement under paragraph (6) and been recognized as conforming;

6. If it otherwise conforms to the standards specified and publicly announced by the Minister of Trade, Industry and Energy under which a report is not required to be filed.

(8) The Minister of Trade, Industry and Energy may revoke the designation, or issue an order to suspend all or part of the relevant affairs for a period up to one year, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, if any testing and inspection institution falls under any of the following: Provided, That if such institution falls under subparagraph 1 or 2, the designation shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013>

1. If it has obtained designation as a testing and inspection institution by fraud or other improper means;

2. If it has conducted testing and inspections of any industrial product subject to safety self-assurance during the period of business suspension;

3. If it refuses to conduct testing and inspections of any industrial product subject to safety self-assurance without good cause;

4. If it has issued a result of a test or inspection of any industrial product subject to safety self-assurance, in violation of the safety standards under paragraph (2);

5. If it ceases to meet the requirements for designation as testing and inspection institutions under paragraph (3).

(9) The Minister of Trade, Industry and Energy may instruct and supervise testing and inspection institutions, if necessary. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 20(Safety Self-Assurance Marks, etc.) #

(1) The manufacturer or importer of an industrial product subject to safety self-assurance shall place a safety self-assurance mark (hereinafter referred to as "safety self-assurance mark") on the industrial product subject to safety self-assurance reported to the Minister of Trade, Industry and Energy under Article 19 (1), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That this shall not apply to the industrial products subject to safety self-assurance that have been granted exemption from the report under Article 19 (5). <Amended by Act No. 11690, Mar. 23, 2013>

(2) No safety self-assurance mark or similar mark or label may be placed on any industrial product subject to safety self-assurance regarding which a report under Article 19 (1) has not been filed.

(3) No manufacturer, importer, distributor, or commercial user of an industrial product subject to safety self-assurance may modify or remove, without due authorization, the safety self-assurance mark placed on industrial products subject to safety self-assurance.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 21(Prohibition of Sale, Use, etc.) #

(1) No manufacturer, importer, or distributor of any industrial product subject to safety self-assurance shall sell the industrial product subject to safety self-assurance bearing no safety self-assurance mark, or import, display or store such product for sale.

(2) No commercial user of an industrial product subject to safety self-assurance shall use the industrial product bearing no safety self-assurance mark for business purposes.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 22(Safety or Quality Marks of Industrial Products subject to Safety and Quality Labeling Requirements) #

(1) The manufacturer and importer of an industrial product subject to safety and safety labeling requirements shall place a safety or quality mark (hereinafter referred to as "safety and quality mark") on the industrial product subject to such labeling requirements meeting the safety standards determined and publicly announced by the Minister of Trade, Industry and Energy. In such cases, a safety labeling method shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy and a quality labeling method shall be determined and publicly announced by the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

(2) No manufacturer, importer, or distributor of any industrial product subject to safety and quality labeling requirements shall sell the industrial product subject to such labeling requirements bearing no safety or quality mark, nor import, display, or store such industrial product for sale.

(3) No commercial user of industrial products subject to safety and quality labeling requirements shall use, for business purposes, any industrial product subject to safety or quality labeling requirements bearing no safety or quality mark. <Newly Inserted by Act No. 12314, Jan. 21, 2014>

(4) With regard to industrial products subject to safety and quality labeling requirements, for which safety standards publicly announced pursuant to paragraph (1) do not exist, or to which the publicly announced safety standards are not applicable, the manufacturer or importer shall determine whether the safety standards are met by applying mutatis mutandis relevant international standards, domestic or foreign standards, etc., as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 23(Prohibition, etc. of False Safety or Quality Marks) #

(1) No manufacturer or importer of any industrial product subject to safety and quality labeling requirements shall place any false safety or quality mark, or place a safety or quality mark by any method other than the safety and quality labeling method under Article 22 (1) on any industrial product subject to safety and quality labeling requirements. <Amended by Act No. 12314, Jan. 21, 2014>

(2) No distributor of any industrial product subject to safety and quality labeling requirements shall modify or remove, without due authorization, the safety or quality mark placed on the industrial product subject to safety and quality labeling requirements.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 24(Reporting, etc. on Industrial Products Requiring Child-Resistant Packaging) #

(1) The manufacturer or importer of an industrial product requiring child-resistant packaging shall use child-resistant packaging in manufacturing or importing such product: Provided, That the foregoing shall not apply to cases where a prior verification that the product falls under any of the following has been obtained from the Minister of Trade, Industry and Energy: <Amended by Act No. 11690, Mar. 23, 2013>

1. Where the product is manufactured or imported for the purpose of selling to an industrial product manufacturer;

2. Where the product is manufactured or imported for the purposes of research and development, or export.

(2) The manufacturer or importer of an industrial product requiring child-resistant packaging shall report the details of the child-resistant packaging for each model of such industrial product to the Minister of Trade, Industry and Energy, where it has used child-resistant packaging in accordance with the main sentence of paragraph (1) excluding the subparagraphs. The foregoing shall also apply to any modification of reported matters. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Trade, Industry and Energy shall establish and publicly announce the safety standards applicable to the industrial products requiring child-resistant packaging. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 25(Child-Resistant Packaging Label, etc.) #

(1) The manufacturer or importer of an industrial product requiring child-resistant packaging shall place a label on each industrial product requiring child-resistant packaging indicating that child-resistant packaging is used for the product (hereinafter referred to as "child-resistant packaging label"), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, where a report under Article 24 (2) has been filed. <Amended by Act No. 11690, Mar. 23, 2013>

(2) No child-resistant packaging label or any other similar label shall be placed on any industrial product requiring child-resistant packaging for which the report under Article 24 (2) has not been filed.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 26(Prohibition of Sale, etc.) #

No manufacturer, importer, or distributor of an industrial product requiring child-resistant packaging shall sell any industrial product requiring child-resistant packaging bearing no child-resistant packaging label, nor import, display, or store such product for sale.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 27(Restriction of Sale based on Age of Users) #

Where age requirements for children to use an industrial product subject to safety control are prescribed by the safety standards under the main sentence of Article 14 (3), the main sentence of Article 19 (2), Article 22 (1), or 24 (3) (where safety certification or safety self-assurance is conducted or whether the safety standards are met is determined in accordance with the proviso to Article 14 (3), the proviso to Article 19 (2), and Article 22 (4), referring to such standards), no distributor of such industrial product shall sell such product to any child who fails to meet such standards. <Amended by Act No. 12314, Jan. 21, 2014>

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 28 #

Deleted. <by Act No. 10028, Feb. 4, 2010>

Article 29 #

Deleted. <by Act No. 10028, Feb. 4, 2010>

Article 30 #

Deleted. <by Act No. 10028, Feb. 4, 2010>

Article 31(Orders, etc. to Suspend Sale, etc.) #

(1) Where a manufacturer, importer, distributor or commercial user of any industrial product subject to safety certification falls under any of the following cases, a Mayor/Do Governor may issue an order to suspend sale or to improve, collect or destroy (hereinafter referred to as "suspension of sale, etc.") such industrial product within a specified period, as prescribed by Presidential Decree:

1. Where he/she fails to obtain safety certification under Article 14 (1);

2. Where he/she has manufactured or imported any industrial product subject to safety certification that fails to meet the safety standards for product testing or standards for factory inspections under the main sentence of Article 14 (3) (where safety certification is obtained pursuant to the proviso to Article 14 (3), referring to the standards applied for safety certification);

3. Where he/she fails to place the safety certification mark on any industrial product subject to safety certification for which safety certification has been obtained, in violation of the main sentence of Article 16 (1);

4. Where he/she has placed the safety certification mark or any similar mark on any industrial product subject to safety certification without obtaining such safety certification, in violation of Article 16 (2);

5. Where he/she has modified or removed the safety certification mark without due authorization, in violation of Article 16 (3);

6. Where he/she has sold an industrial product subject to safety certification bearing no safety certification mark, or imported, displayed, or stored such product for sale, in violation of Article 17 (1);

7. Where he/she has used an industrial product subject to safety certification bearing no safety certification mark for business purposes, in violation of Article 17 (2).

(2) Where a manufacturer, importer, distributor, or commercial user of any industrial product subject to safety self-assurance falls under any of the following cases, a Mayor/Do Governor may issue an order to suspend sale, etc. of such industrial product within a specified period, as prescribed by Presidential Decree:

1. Where he/she fails to file a report (including a report of modification) under Article 19 (1);

2. Where he/she has manufactured or imported an industrial product subject to safety self-assurance that fails to meet the safety standards under the main sentence of Article 19 (2) (where testing and inspections are conducted under the proviso to Article 19 (2), referring to the standards applied to such testing and inspections);

3. Where he/she fails to place the safety self-assurance mark on the reported industrial products subject to safety self-assurance, in violation of the main sentence of Article 20 (1);

4. Where he/she has placed the safety self-assurance mark or any similar mark on the industrial product subject to safety self-assurance for which a report has not been filed, in violation of Article 20 (2);

5. Where he/she has modified or removed the safety self-assurance mark without due authorization, in violation of Article 20 (3);

6. Where he/she has sold an industrial product subject to safety self-assurance bearing no safety self-assurance mark, or imported, displayed, or stored such product for sale, in violation of Article 21 (1);

7. Where he/she has used an industrial product subject to safety self-assurance bearing no safety self-assurance mark for business purposes, in violation of Article 21 (2).

(3) Where a manufacturer, importer, or distributor of any industrial product subject to safety and quality labeling requirements falls under any of the following, a Mayor/Do Governor may issue an order to suspend sale, etc. of such industrial product within a specified period, as prescribed by Presidential Decree: <Amended by Act No. 12314, Jan. 21, 2014>

1. Where he/she has manufactured or imported an industrial product subject to safety and quality labeling requirements that fails to meet the safety standards under Article 22 (1) (where whether the safety standards are met has been determined under Article 22 (4), referring to such standards);

2. Where he/she fails to place the safety or quality mark, in violation of Article 22 (1);

3. Where he/she has sold an industrial product subject to safety and quality labeling requirements bearing no safety and quality mark, or imported, displayed, or stored such industrial product for sale, in violation of Article 22 (2);

4. Where he/she has placed a false safety and quality mark, in violation of Article 23 (1);

5. Where he/she has modified or removed the safety and quality mark without due authorization, in violation of Article 23 (2).

(4) Where a manufacturer, importer, or distributor of an industrial product requiring child-resistant packaging falls under any of the following, a Mayor/Do Governor may issue an order to suspend sale, etc. of such industrial product within a specified period, as prescribed by Presidential Decree:

1. Where he/she fails to use child-resistant packaging for industrial products requiring child-resistant packaging, in violation of Article 24 (1);

2. Where he/she fails to file a report (including a report of modification), in violation of Article 24 (2);

3. Where he/she has manufactured or imported an industrial product requiring child-resistant packaging that fails to meet the safety standards under Article 24 (3);

4. Where he/she fails to place a child-resistant packaging label on any reported industrial product requiring child-resistant packaging, in violation of Article 25 (1);

5. Where he/she has used a child-resistant packaging label or any other similar label for any industrial product requiring child-resistant packaging for which a report has not been filed, in violation of Article 25 (2);

6. Where he/she has sold an industrial product requiring child-resistant packaging bearing no child-resistant packaging label, or imported, displayed, or stored such industrial product for sale, in violation of Article 26.

(5) If any manufacturer, importer, distributor, or commercial user fails to comply with an order to suspend sale, etc. issued under paragraphs (1) through (4), a Mayor/Do Governor may require a public official under his/her jurisdiction to collect or destroy the relevant products at the expense of such manufacturer, importer, distributor, or commercial user in accordance with Presidential Decree. In this case, the public official who conducts such collection or destruction affairs shall present a certificate, etc. indicating his/her authority to interested persons.

(6) The issuance of an order to suspend sale, etc. under paragraphs (1) through (4) or the collection or destruction under paragraph (5) is deemed insufficient to prevent hazards by a Mayor/Do Governor, he/she may order the relevant manufacturer, importer, distributor, or commercial user to publicly announce hazards through mass media, etc. and replace or repair the relevant industrial product, get a refund thereon, or take other necessary measures.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 32(Reporting, Inspections, etc.) #

(1) If deemed necessary for the safety management of industrial products, the Minister of Trade, Industry and Energy or a Mayor/Do Governor may require the manufacturer, importer, or distributor of an industrial product to submit data or reports on the manufacturing, import, distribution, sale, etc. of the industrial product, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(2) If deemed necessary to conduct a field inspection as a result of reviewing the data or reports submitted under paragraph (1), the Minister of Trade, Industry and Energy or a Mayor/Do Governor may require a relevant public official to enter a relevant office, factory, place of business, store, warehouse, or any other necessary place to inspect the manufacturing facilities of the relevant industrial product, the relevant industrial product, documents, books, and other objects or ask relevant persons questions. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Trade, Industry and Energy or a Mayor/Do Governor who intends to conduct an inspection or make an inquiry under paragraph (2) shall notify the relevant manufacturer, importer, or distributor of a plan stating the date and time, grounds for, details, etc. of such inspection or any inquiries by no later than seven days prior to the scheduled inspections or inquiries: Provided, that the foregoing shall not apply in cases of urgency or where the objective of such inspection or inquiry is deemed unattainable due to destruction of evidence, etc. <Amended by Act No. 11690, Mar. 23, 2013>

(4) The public official who makes an entry, conducts inspections, or inquiries under paragraph (2) shall present an identification, etc. indicating his/her authority to interested persons, and issue a document describing the public official's name, time of entry, purpose of entry, etc. to relevant persons at the time of the entry.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 33(Request for Submission of Data) #

If deemed necessary to ensure the safety of industrial products, the Minister of Trade, Industry and Energy may require a Mayor/Do Governor to submit data about the following matters, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended by Act No. 11690, Mar. 23, 2013>

1. The suspension of sale, etc. under Article 31 (1) through (4);

2. The data submission, reports, inspections, or inquiries under Article 32 (1) and (2);

3. The imposition of administrative fines under Article 41 (3) 2.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 34(Fees) #

(1) Any person who intends to obtain accreditation of any business affairs under the subparagraphs of Article 7 (2) from an accrediting institution shall pay a fee, as prescribed by the articles of incorporation of the accrediting institution.

(2) Any of the following persons shall pay a fee, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended by Act No. 11690, Mar. 23, 2013>

1. Any person who files an application for safety certification under Article 14 (1);

2. Any person who files an application for modification of safety certification under Article 14 (2);

3. Any person who undergoes a periodic inspection under Article 14 (6);

4. Any person who undergoes a testing or inspection under Article 19 (1);

5. Any person who files a report on safety self-assurance (including a report on modification) under Article 19 (1).

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 35(Hearings) #

The Minister of Trade, Industry and Energy shall hold a hearing where he/she intends to issue any of the following dispositions: <Amended by Act No. 11690, Mar. 23, 2013>

1. Revocation of the designation of safety-certification institutions under Article 13 (1);

2. Revocation of the designation of testing and inspection institutions under Article 19 (8).

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 36(Delegation and Entrustment of Authority) #

(1) Part of the authority of the Minister of Trade, Industry and Energy under this Act may be delegated to the Administrator of the Korean Agency for Technology and Standards or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Any of the following business affairs of the Minister of Trade, Industry and Energy may be fully or partially entrusted to a testing and inspection institution accredited under Article 23 of the Framework Act on National Standards or an organization performing the product safety management affairs in accordance with other statutes: <Amended by Act No. 11690, Mar. 23, 2013>

1. Affairs concerning exemption under Article 15 (1);

2. Affairs concerning reporting (including a report of modification) under Article 19 (1);

3. Affairs concerning exemption under Article 19 (7);

4. Affairs concerning verification under the proviso to Article 24 (1) excluding the subparagraphs;

5. Affairs concerning reporting (including a report of modification) under Article 24 (2).

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 37(Legal Fiction as Public Officials in Application of Penalty Provisions) #

The executive officers and employees of any accrediting institution, safety-certification institution, institution or organization designated as a management agency under Article 7-3, institution or organization engaging in the affairs commissioned pursuant to Article 36 (2) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 38(Penalty Provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A person who obtains the designation as the safety-certification institution under Article 12 (1) by fraud or other improper means;

2. A person who grants safety certification without obtaining the designation as safety-certification institution under Article 12 (1);

3. A person who grants safety certification while his/her business is suspended or the designation as a safety-certification institution is revoked under Article 13 (1);

4. A manufacturer or importer who manufactures or imports an industrial product subject to safety certification without obtaining such safety certification, in violation of Article 14 (1);

5. A person who obtains safety certification under Article 14 (1) by fraud or other improper means;

6. A person who places the safety certification mark or any other similar mark, in violation of Article 16 (2);

7. A person who places the safety self-assurance mark or any other similar mark, in violation of Article 20 (2);

8. A person who places a child-resistant packaging label or any other similar label, in violation of Article 25 (2).

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 39(Penalty Provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:

1. A person who grants the certification of quality control systems under Article 7 (2) 1 by fraud or other improper means;

2. A person who grants safety certification, in violation of Article 14 (3);

3. A person who obtains exemption under Article 15 (1) by fraud or other improper means;

4. A person who modifies or removes the safety certification mark without due authorization, in violation of Article 16 (3);

5. A person who grants safety certification, in violation of Article 18 (3);

6. A person who fails to file a report under Article 19 (1);

7. A person who obtains designation as the testing and inspection institution under Article 19 (3) by fraud or other improper means, or testing or inspects industrial products subject to safety self-assurance without obtaining such designation;

8. A person who obtains exemption under Article 19 (7) by fraud or other improper means;

9. A person who modifies or removes a safety self-assurance mark without due authorization, in violation of Article 20 (3);

10. A person who places a false safety or quality mark, in violation of Article 23 (1);

11. A person who modifies or removes a safety or quality mark without due authorization, in violation of Article 23 (2);

12. A person who fails to use child-resistant packaging for an industrial product requiring child-resistant packaging, in violation of Article 24 (1);

13. A person who obtains verification under the proviso to Article 24 (1) excluding the subparagraphs by fraud or other improper means.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]

Article 40(Joint Penalty Provisions) #

If the representative of a corporation, or an agent, or employee of, or any other person employed, by a corporation or an individual commits a violation under Article 38 or 39 in connection with the business affairs of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant Article: Provided, That this shall not apply to cases where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.

[This Article Wholly Amended by Act No. 9250, Dec. 26, 2008]

Article 41(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding ten million won:

1. A person who fails to file a report, in violation of Article 7 (3) or files a false report;

2. A person who fails to comply with a corrective order issued under Article 7 (6);

3. Deleted; <by Act No. 13318, May 18, 2015>

4. A person who refuses, interferes with, or evades periodic inspections or non-periodic inspections under Article 14 (6);

5. A person who sells an industrial product subject to safety certification bearing no safety certification mark or imports, displays, or stores such product for sale, in violation of Article 17 (1);

6. A person who sells an industrial product subject safety self-assurance bearing no safety self-assurance mark, or imports, displays, or stores such product for sale, in violation of Article 21 (1);

7. A person who fails to file a report (including a report of modification) under Article 24 (2);

8. A person who sells an industrial product requiring child-resistant packaging bearing no child-resistant packaging label, or imports, displays, or stores such product for sale, in violation of Article 26;

9. A person who fails to comply with an order to suspend sale, etc. under Article 31 (1) through (4);

10. A person who refuses or interferes with collection or destruction under the former part of Article 31 (5);

11. A person who fails to comply with an order to publicly announce hazards, or to replace, get a refund on, or repair the relevant industrial product issued under Article 31 (6);

12. A person who fails to submit data or reports under Article 32 (1) or submits false data or reports;

13. A person who refuses, interferes with, or evades an inspection or inquiry under Article 32 (2).

(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 12314, Jan. 21, 2014>

1. A person who fails to file an application for modification of safety certification under Article 14 (2);

2. A person who fails to prepare and keep safety certification records, in violation of Article 14 (5) or prepares and keeps false records;

3. A person who fails to conduct a self-inspection, in violation of Article 14 (7);

4. A person who fails to prepare and keep the records of self-inspection, in violation of Article 14 (7) or prepares and keep false records;

5. A person who fails to place the safety certification mark on an industrial product subject to safety certification for which safety certification has been obtained, in violation of the main sentence of Article 16 (1);

6. A person who uses an industrial product subject to safety certification bearing no safety certification mark for business purposes, in violation of Article 17 (2);

7. A person who fails to file a report on modification under Article 19 (1);

8. A person who fails to retain evidentiary documents, in violation of Article 19 (5);

9. A person who fails to place the safety self-assurance mark on any reported industrial product subject to safety self-assurance, in violation of the main sentence of Article 20 (1);

10. A person who uses an industrial product subject to safety self-assurance bearing no safety self-assurance mark for business purposes, in violation of Article 21 (2);

11. A person who fails to place a safety or quality mark on an industrial product subject to safety and quality labeling requirements, in violation of Article 22 (1);

12. A person who sells an industrial product subject to safety and quality labeling requirements bearing no safety or quality mark, or imports, displays, or stores such product for sale, in violation of Article 22 (2);

13. A person who uses, for business purposes, any industrial product subject to safety and quality labeling requirements bearing no safety or quality mark, in violation of Article 22 (3);

14. A person who places a safety and quality mark by any method other than the safety and quality labeling method under Article 22 (1), in violation of Article 23 (1);

15. A person who fails to place a child-resistant packaging label on any reported industrial product requiring child-resistant packaging, in violation of Article 25 (1);

16. A person who sells an industrial product subject to safety control to any child who fails to fulfill the age standards required for the use of such product, in violation of Article 27.

(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the persons in the following categories, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12314, Jan. 21, 2014; Act No. 13318, May 18, 2015>

1. Administrative fines under paragraph (1) 1, 2, 7, 12, and 13 and paragraph (2) 2 and 7: The Minister of Trade, Industry and Energy;

2. Administrative fines under paragraph (1) 4 through 6 and 8 through 13 and paragraph (2) 1, 3 through 6, and 8 through 16: A Mayor/Do Governor.

[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]