Article 1(Purpose) #
The purpose of this Act is to strive for improving the quality of exports by having traders, etc. conduct autonomously the inspection on exports, (hereinafter referred to as the “export inspection”), and through an assistance of the State to it.
Article 2(Actual Quality Condition Survey on Exports) #
(1) If it is deemed necessary for utilizing as materials for the quality improvement of exports, the Minister of Trade, Industry and Energy may conduct an actual quality condition survey on the exports. <Amended by Act No. 5454, Dec. 13, 1997>
(2) The actual condition survey as referred to in paragraph (1) shall be conducted with respect to the following matters: <Amended by Act No. 5454, Dec. 13, 1997>
1. Quality of finished goods or products circulated in foreign markets;
2. Situation on carrying out the quality management as prescribed by the Quality Management Promotion Act, and the autonomous inspection as prescribed in Article 5;
3. Public opinions heard from traders, foreign purchasers or consumers as prescribed in Article 10 of the Foreign Trade Act; and
4. Other matters necessary for the actual quality condition survey.
(3) If it is deemed necessary for the actual condition survey as referred to in paragraph (1), the Minister of Trade, Industry and Energy may demand such agencies related to the export as prescribed by the Presidential Decree, to present materials related to the quality of exports. <Amended by Act No. 5454, Dec. 13, 1997>
(4) In case where an actual condition survey is conducted under paragraph (1), the traders as prescribed in Article 10 of the Foreign Trade Act, manufacturers and processors of exports (hereinafter referred to as the “traders, etc.”) shall cooperate positively with the quality survey, sample gathering, and demand for materials, of the Minister of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
(5) Any person who conducts the actual condition survey under paragraph (1), shall carry a certificate indicating his competence, and show it to the interested person.
Article 3(Establishment of Quality Improvement Plan) #
(1) With respect to any export goods which are deemed required for the improvement of quality, as a result of the actual condition survey as prescribed in Article 2, the Administrator of the Small and Medium Business Administration shall establish a plan for improving the quality. <Amended by Act No. 5454, Dec. 13, 1997>
(2) The plan as referred to in paragraph (1) shall include the following matters: <Amended by Act No. 5454, Dec. 13, 1997>
1. Items as deemed required for improving the quality, and actual condition of inferior quality by item;
2. Factors of the inferiority by item;
3. Scheme of assistance to improve any inferior quality; and
4. Other matters as determined by the Administrator of the Small and Medium Business Administration with respect to the improvement of quality.
Article 4(Notification on Factors of Inferiority) #
If it is deemed necessary for improving the quality, as a result of the actual condition survey as prescribed in Article 2 (1), the Administrator of the Small and Medium Business Administration may notify the traders, etc. the quality of whose goods is inferior, or against the quality of whose goods foreign purchasers make an objection, of the particulars of the main factors of inferiority, and recommend them on any correction thereof. <Amended by Act No. 5454, Dec. 13, 1997>
Article 5(Autonomous Inspection, etc.) #
(1) The traders, etc. may determine for themselves the criteria and method of the export inspection, and request any inspection agency as prescribed in Article 8 to conduct an inspection according to such criteria and method (hereinafter referred to as the “autonomous inspection”).
(2) The inspection agency shall, upon receiving the request for an autonomous inspection under paragraph (1), conduct the inspection in accordance with such criteria and method of inspection.
Article 6(Establishment and Dissemination of Standard Inspection Criteria) #
In order to promote the production of products at the international quality level, the Administrator of the Small and Medium Business Administration may determine and disseminate the criteria of inspection which the traders, etc. may use as the criteria for the autonomous inspection as prescribed in Article 5 (1) (hereinafter referred to as the “standard inspection criteria”). <Amended by Act No. 5454, Dec. 13, 1997>
Article 7(Exception to Autonomous Inspection) #
(1) The Administrator of the Small and Medium Business Administration shall determine and announce publicly the exports which require the export inspection in compliance with the requirements prescribed by any international convention, or in connection with any danger and injury to the safety of human body (hereinafter referred to as the “items to be inspected”). This provision shall also apply in case where he desires to change them. <Amended by Act No. 5454, Dec. 13, 1997>
(2) In case where the Administrator of the Small and Medium Business Administration desires to determine the items to be inspected under paragraph (1), he shall consult in advance with the heads of the related administrative agencies. <Amended by Act No. 5454, Dec. 13, 1997>
(3) The traders, etc. shall undergo the export inspection conducted by the inspection agency as prescribed in Article 8, with respect to the items to be inspected under paragraph (1): Provided, That such items to be inspected, as determined by the Administrator of the Small and Medium Business Administration, may be exempted from the whole or part of the inspection. <Amended by Act No. 5454, Dec. 13, 1997>
(4) Any goods which fail to pass the export inspection as referred to in paragraph (3) may not be exported.
(5) The procedure of the export inspection as referred to in paragraph (3) and other necessary matters shall be determined by the Administrator of the Small and Medium Business Administration. <Amended by Act No. 5454, Dec. 13, 1997>
Article 8(Designation, etc. of Inspection Agency) #
(1) The Minister of Trade, Industry and Energy may designate the agency conducting the autonomous inspection as prescribed in Article 5 (1) and the export inspection as prescribed in Article 7 (3) (hereinafter referred to as the “inspection agency”). <Amended by Act No. 5454, Dec. 13, 1997>
(2) Any person who desires to be designated as the inspection agency, shall apply for it to the Minister of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
(3) The criteria and procedure for designation of the inspection agency as referred to in paragraph (1) or (2) the qualification for the inspectors, and other necessary matters, shall be determined by the Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
(4) When the Minister of Trade, Industry and Energy has designated the inspection agency, he shall announce publicly the necessary matters, such as the name, seat, etc. of the inspection agency. This provision shall also apply in case where he modifies the announced matters. <Amended by Act No. 5454, Dec. 13, 1997>
(5) If any of such matters as announced publicly under paragraph (4) is changed, the inspection agency shall report it to the Minister of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
(6) The Minister of Trade, Industry and Energy may assist the inspection agency with the necessary funds in the limit of the budget. <Amended by Act No. 5454, Dec. 13, 1997>
Article 9(Service Rules) #
(1) The inspection agency shall determine the rules relating to the export inspection services (hereinafter referred to as the “service rules”) to obtain the approval of the Minister of Trade, Industry and Energy. This provision shall also apply in case where it desires to modify it. <Amended by Act No. 5454, Dec. 13, 1997>
(2) Matters to be included in the service rules as referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
Article 10(Operational Plan, etc.) #
(1) The inspection agency shall prepare an operational plan and a revenue and expenditure estimate not later than two months before each business year commences, and report it to the Minister of Trade, Industry and Energy. This provision shall also apply in case where it desires to modify it. <Amended by Act No. 5454, Dec. 13, 1997>
(2) The inspection agency shall prepare an operational report and a settlement of accounts within two months after each business year expires, and submit them to the Minister of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
Article 11(Approval on Appointment or Dismissal of Officer) #
If the inspection agency desires to appoint or dismiss any officer, it shall obtain the approval of the Minister of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
Article 12(Cancellation of Designation or Suspension) #
(1) If the inspection agency falls under any of the following subparagraphs, the Minister of Trade, Industry and Energy may cancel the designation, or order a suspension of the whole or part of its inspection service for a specified period, under the conditions as prescribed by the Presidential Decree: <Amended by Act No. 5454, Dec. 13, 1997>
1. Where it fails to conform to the criteria for designation as prescribed in Article 8 (3);
2. Where it conducts the export inspection without complying with the service rules approved under Article 9 (1);
3. Where it refuses or delays the export inspection without any justifiable reason; and
4. Where it violates this Act or any order issued under this Act.
(2) When the Minister of Trade, Industry and Energy has cancelled the designation as inspection agency, or ordered a suspension of the inspection service, under paragraph (1), he shall announce it publicly. <Amended by Act No. 5454, Dec. 13, 1997>
Article 13(Suspension or Discontinuation of Service) #
(1) If the head of the inspection agency desires to suspend or discontinue the whole or part of the inspection service, he shall report it to the Minister of Trade, Industry and Energy before three months, under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
(2) The Minister of Trade, Industry and Energy shall, upon receiving the report on the suspension or discontinuance of service under paragraph (1), announce it publicly without delay. <Amended by Act No. 5454, Dec. 13, 1997>
Article 14(Criteria and Method of Inspection) #
(1) The Minister of Trade, Industry and Energy shall determine and announce publicly the criteria and method of the inspection on the quality, dimension, package, materials, etc. of the items to be inspected, which is subject to the export inspection as prescribed in Article 7 (1). <Amended by Act No. 5454, Dec. 13, 1997>
(2) In case where the inspection agency conducts any export inspection as prescribed in Article 7 (3), it shall do it in accordance with the criteria and method of inspection as referred to in paragraph (1).
(3) In case where a person who applied for the inspection, has passed the export inspection as referred to in paragraph (2), the inspection agency shall deliver him a certificate of successful inspection, under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
Article 15(Indication) #
(1) If the inspection agency deems that the items to be inspected conform to the inspection criteria as prescribed in Article 14 (1), it shall make the indication of successful inspection, under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
(2) In case where the traders, etc. have applied for the autonomous inspection, if it is deemed to conform to the standard inspection criteria as prescribed in Article 6, the inspection agency shall make the indication of successful inspection, under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
(3) The indication of successful inspection as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy, or similar one, shall not be made on any export items or goods, unless such items or goods pass the export inspection under paragraphs (1) and (2). <Amended by Act No. 5454, Dec. 13, 1997>
Article 16(Designation, etc. of First Class-Oriented Goods) #
(1) The Minister of Trade, Industry and Energy may designate and announce publicly the goods required to be fostered as the first classoriented ones, by encouraging to upgrade the quality of exports. This provision shall also apply in case where such goods are changed. <Amended by Act No. 5454, Dec. 13, 1997>
(2) In case where the first class-oriented goods are designated under paragraph (1), the Minister of Trade, Industry and Energy shall determine and announce publicly the quality standards thereof by item of goods. This provision shall also apply in case where such standards are changed. <Amended by Act No. 5454, Dec. 13, 1997>
(3) Any enterprise producing the first class-oriented goods designated under paragraph (1), which has obtained the approval of the Minister of Trade, Industry and Energy on the labelling to indicate that the goods are of the first class (hereinafter referred to as the “first class-oriented goods labelling”), may put the first class-oriented goods labelling on the products, packages or containers. <Amended by Act No. 5454, Dec. 13, 1997>
(4) The criteria of the approval on and the method of, the first classoriented goods labelling as referred to in paragraph (3), and other necessary matters, shall be determined by the Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
(5) No person who fails to obtain the approval as referred to in paragraph (3), shall make the first class-oriented goods labelling, or any similar one.
Article 17(Cancellation of Approval on First Class-Oriented Goods Labelling) #
If an enterprise which has obtained the approval on the first classoriented goods labelling, falls under any of the following subparagraphs, the Minister of Trade, Industry and Energy may cancel the approval on such labelling: Provided, That if it falls under subparagraph 3, the approval shall be cancelled: <Amended by Act No. 5454, Dec. 13, 1997>
1. Where the production of the first class-oriented goods has been suspended without any justifiable reason, consecutively for one or more years after the first class-oriented goods labelling is approved;
2. Where the first class-oriented goods fail to conform to the criteria for approval on the first class-oriented goods labelling as prescribed in Article 16 (4); and
3. Where the approval on the first class-oriented goods labelling is obtained by any deceitful or other unlawful way.
Article 18(Report) #
(1) If it is required for the enforcement of this Act, the Minister of Trade, Industry and Energy may have the inspection agency make a report on the export inspection service, under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
(2) If it is found out that the traders, etc. have made an indication of the successful inspection as prescribed in Article 15 (1) or (2), on goods which fail to pass the export inspection, the inspection agency shall report it to the Minister of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
Article 19(Removal, etc. of Indication) #
The Minister of Trade, Industry and Energy may order any person who has made an indication of the successful inspection or similar one in contravention of the provisions of Article 15 (3), to remove or alter such indication. <Amended by Act No. 5454, Dec. 13, 1997>
Article 20(Hearing) #
Where the Minister of Trade, Industry and Energy desires to make such a disposition as falls under any of the following subparagraphs, he shall hold a hearing:
1. Cancellation of designation under Article 12 (1); and
2. Cancellation of approval under Article 17.
[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]
Article 21(Fee) #
(1) Any person who desires to undergo an export inspection as prescribed in Article 7 (3), shall pay the fee to the inspection agency under the conditions as prescribed by the Minister of Trade, Industry and Energy. <Amended by Act No. 5454, Dec. 13, 1997>
(2) The total of the fee as referred to in paragraph (1) may not exceed 1/100 of the export price of the exports concerned.
(3) The fee for the autonomous inspection as prescribed in Article 5 (1) shall be determined by the inspection agency to obtain the approval of the Minister of Trade, Industry and Energy. This provision shall also apply in case where it desires to change it. <Amended by Act No. 5454, Dec. 13, 1997>
Article 22(Delegation and Entrustment of Authority) #
The Minister of Trade, Industry and Energy may delegate a part of his authority as prescribed by this Act to the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the “Mayor/Do governor”), or entrust to the head of other administrative agency or the head of such organization as prescribed by the Minister of Trade, Industry and Energy, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>
Article 23(Penal Provisions) #
Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than two years, or a fine not exceeding five million won, and in this case, the imprisonment and fine may be imposed concurrently: <Amended by Act No. 5454, Dec. 13, 1997>
1. A person who exports goods without undergoing the inspection in contravention of the provisions of Article 7 (3), or exports goods after undergoing the inspection by any deceitful or other unlawful way;
2. A person who exports goods which fail to pass the inspection, in contravention of the provisions of Article 7 (4);
3. A person who inspects any goods to be inspected, without being designated as the inspection agency, in contravention of the provisions of Article 8 (1);
4. A person who makes an indication of the successful inspection on goods which fail to pass the inspection, in contravention of the provisions of Article 15 (1) or (2);
5. A person who makes an indication of the successful inspection or similar one on goods which fail to pass the inspection, in contravention of the provisions of Article 15 (3);
6. A person who makes the first class-oriented goods labelling or similar one, without obtaining the approval of the Minister of Trade, Industry and Energy, in contravention of the provisions of Article 16 (5); and
7. A person who violates the order to remove or change the indication under Article 19.
Article 24(Joint Penal Provisions) #
If a representative of a juristic person, or an agent, serviceman or employee of a juristic person or individual commits an offense as prescribed in Article 23 in connection with the affairs of the juristic person or individual, the fine as prescribed in the respective Article shall also be imposed on such juristic person or individual, in addition to the punishment of the offender.
Article 25(Fine for Negligence) #
(1) Any person who fails to make a report without any justifiable reason, or makes a false report, in contravention of the provisions of Articles 8 (5) and 18 (1), shall be punished by a fine for negligence not exceeding one million won.
(2) The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the Minister of Trade, Industry and Energy (in case where his authority is delegated to the Mayor/Do governor under Article 22, it refers to the Mayor/Do governor, and in case where his authority is entrusted to the head of other administrative agency, it refers to the head of other administrative agency; hereinafter the same shall apply in this Article), under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>
(3) Any person who is dissatisfied with the disposition of a fine for negligence under paragraph (2), may make an objection against the Minister of Trade, Industry and Energy, within thirty days after he is informed of the disposition. <Amended by Act No. 5454, Dec. 13, 1997>
(4) If a person who is subject to a fine for negligence under paragraph (2), has made an objection under paragraph (3), the Minister of Trade, Industry and Energy shall notify it without delay to the competent court, which shall, upon receiving the notification, bring the case of the fine for negligence to a trial under the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 5454, Dec. 13, 1997>
(5) If no objection is made, and no fine for negligence is paid, in the period as referred to in paragraph (3), it shall be collected according to the examples of the disposition of national or local taxes in arrears.
Article 26(Fiction as Public Official in Application of Penal Provisions) #
The officers and employees of the inspection agency shall be considered as public officials in application of Articles 129 through 132 of the Criminal Act.