Article 40(Order to improve, destroy, or recall products subject to safety control or to suspend sales of such products) #
(1) In any of the following cases, a Mayor/Do Governor may issue an order to any manufacturer, importer, distributor, rental business operator, or commercial user (referring to a person who falls under Article 9(3)6, 18(3)6, 25(3)6, or 34-4(3)4; hereafter in this Article the same shall apply), sales broker, buying agent, or import agent of products subject to safety certification to improve, destroy, or recall any product subject to safety certification or suspend sales of such product (hereinafter referred to as "suspend sales or take other required measure") within a specified period, as prescribed by Presidential Decree: <Amended on Oct. 18, 2022>
1. If a product subject to safety certification has no safety certification under Article 5(1);
2. If a product subject to safety certification has no revised certification under the main clause of Article 5(2);
3. If a product subject to safety certification fails to meet the safety standards under Article 5(3) (referring to the standards that have been applied to the safety certification issued under the proviso of the that paragraph; including cases to which the standards shall be applied mutatis mutandis pursuant to Article 8(2)) or the standards for factory assessment;
4. If a product subject to safety certification has not undergone the safety inspection under Article 8(1);
5. If a person has not put the safety certification mark or a similar mark on a products subject to safety certification, in violation of Article 9(1), despite the fact that the safety of the product was certified;
6. If a person puts the safety certification mark or a similar mark, in violation of Article 9(2);
7. If a person modifies or removes the safety certification mark or a similar mark, without permission, in violation of Article 9(3);
8. If a person sells or rents a product subject to safety certification without the safety certification mark or a similar mark or imports, displays, or stores such product, in violation of Article 10(1), for the purpose of selling or renting the product;
9. If a person acts as a sales broker, buying agent or import agent for a product subject to safety certification without the safety certification mark or a similar mark, in violation of Article 10(2) (excluding cases where a person acts as a buying agent pursuant to Article 35(1));
10. If a person uses a product subject to safety certification without the safety certification mark or a similar mark, in violation of Article 10(3).
(2) In any of the following cases, a Mayor/Do Governor may order any manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent, or import agent of products subject to safety verification to suspend sales of any product subject to safety verification or to take other required measures for a specified period, as prescribed by Presidential Decree: <Amended on Oct. 18, 2022>
1. If a person fails to file a report in accordance with Article 15(1);
2. If a person fails to file a report on change in accordance with the main clause of Article 15(2);
3. If a product subject to safety verification fails to meet the safety standards under Article 15(4) (referring to the standards that have been applied to tests conducted for safety verification under the proviso of the that paragraph; including cases applied mutatis mutandis pursuant to Article 17(2));
4. If a product subject to safety verification has not undergone the safety inspection under Article 17(1);
5. If a person has not put the safety verification mark or a similar mark, in violation of Article 18(1);
6. If a person puts the safety verification mark or any similar mark or label, in violation of Article 18(2);
7. If a person modifies or removes the safety verification mark or a similar mark, without permission, in violation of Article 18(3);
8. If a person sells or rents a product subject to safety verification without the safety verification mark or a similar mark or imports, displays or stores such products for the purpose of selling or renting the product, in violation of Article 19(1);
9. If a person acts as a sales broker, buying agent or import agent for a product subject to safety verification without the safety verification mark or a similar mark (excluding cases where a person acts as a buying agent pursuant to subparagraph 2 or 3 of Article 35), in violation of Article 19(2);
10. If a person uses a product subject to safety verification without the safety verification mark or a similar mark, in violation of Article 19(3).
(3) In any of the following cases, a Mayor/Do Governor may order any manufacturer, importer, distributor, rental business operator, commercial user, sales broker, or import agent of products subject to the supplier's declaration of conformity to suspend sales of any product subject to the supplier's declaration of conformity or to take other required measures for a specified period, as prescribed by Presidential Decree: <Amended on Oct. 18, 2022>
1. If a person fails to make a supplier’s declaration of conformity;
2. If a product subject to the supplier's declaration of conformity fail to meet the safety standards under Article 23(4) (referring to the standards applicable to the supplier's declaration of conformity under the proviso of the that paragraph, if a product falls under the proviso of the that paragraph);
3. If a person fails to put the mark of the supplier's declaration of conformity or a similar mark, in violation of Article 25(1);
4. If a person puts the mark of the supplier's declaration of conformity or any similar mark or label, in violation of Article 25(2);
5. If a person modifies or removes the mark of the supplier's declaration of conformity or a similar mark, without permission, in violation of Article 25(3);
6. If a person sells or rents a product subject to the supplier's declaration of conformity without the mark of the supplier's declaration of conformity or a similar mark or imports, displays or stores such products for the purpose of selling or renting the product, in violation of Article 26(1);
7. If a person acts as a sales broker or import agent for a product subject to the supplier's declaration of conformity without the mark of the supplier's declaration of conformity or a similar mark, in violation of Article 26(2);
8. If a person uses a product subject to the supplier's declaration of conformity without the mark of the supplier's declaration of conformity or a similar mark, in violation of Article 26(3).
(4) In any of the following cases, a Mayor/Do Governor may order any manufacturer, importer, distributor, rental business operator, commercial user, sales broker or import agent of consumer products subject to compliance with safety standards to suspend sales of any consumer product subject to compliance with safety standards or to take other required measures for a specified period, as prescribed by Presidential Decree:
1. If any consumer product subject to compliance with safety standards does not meet the safety standards under Article 28 (referring to the standards under the proviso of the that Article, if the standards are applicable);
2. If a person fails to put the mark specified in Article 29(1) or fraudulently puts such mark;
3. If a person modifies or removes the mark of a consumer product subject to compliance with safety standards, in violation of Article 29(2);
4. If a person sells any consumer product subject to compliance with safety standards without the mark specified in Article 29(1), or imports, displays or stores such consumer product, in violation of Article 30.
(5) In any of the following cases, a Mayor/Do Governor may order any manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent, or import agent of consumer products subject to child protective packaging to suspend sales of any consumer product subject to child protective packaging to take other required measures for a specified period, as prescribed by Presidential Decree: <Amended on Oct. 18, 2022>
1. If any consumer product subject to child protective packaging is not packaged with child protective packaging materials, in violation of Article 32(1);
2. If a person fails to file a report or a report on change in accordance with Article 32(2);
3. If a person produces or imports any consumer product subject to child protective packaging not conforming to the safety standards under Article 32(4);
4. If a person fails to put the mark of child protective packaging, in violation of Article 33(1);
5. If a person uses the mark of child protective packaging or any similar mark or label, in violation of Article 33(2);
6. If a person sells any consumer product subject to child protective packaging without the mark of child protective packaging or imports, displays or stores such product for the purpose of selling the product in violation of Article 34.
(6) In any of the following cases, a Mayor/Do Governor may order any manufacturer, distributor, rental business operator, commercial user, sales broker, etc. of electrical appliances subject to safety inspection to suspend the sale of any electrical appliances subject to safety inspection or to take other required measures, as prescribed by Presidential Decree: <Added on Oct. 18, 2022; Oct. 1, 2025>
1. If an electrical appliances subject to safety inspection fails to undergo safety inspections, in violation of Article 34-3(1);
2. If an electrical appliances subject to safety inspection fails to meet the safety standards prescribed in the main clause of Article 34-3(2) (referring to the standards prescribed by Decree of the Ministry of Trade, Industry and Resources, where a safety inspection is conducted under the proviso of that paragraph);
3. If a person fails to put a safety inspection mark, etc., in violation of Article 34-4(1);
4. If a person puts a safety inspection mark, etc. or a similar mark, in violation of Article 34-4(2);
5. If a person modifies or removes a safety inspection mark, etc., in violation of Article 34-4(3);
6. If a person sells or rents electrical appliances subject to safety inspection without a safety inspection mark, etc. or displays or stores such appliances for the purpose of selling or renting them, in violation of Article 34-5(1);
7. If a person engages in sales brokerage of electrical appliances subject to safety inspection without a safety inspection mark, etc., in violation of Article 34-5(2);
8. If a person uses electrical appliances subject to safety inspection without a safety inspection mark, etc., in violation of Article 34-5(3);
9. If a person who is issued an order to suspend the sales of electrical appliances or take other required measures, or any other similar order under this Act or other statutes produces such appliances as electrical appliances subject to safety inspection to sell or rent them.
(7) If any manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent, or import agent of products subject to safety control fails to comply with an order issued to suspend sales or to take other required measures under paragraphs (1) through (6), the relevant Mayor/Do Governor may authorize public officials of the City/Do to destroy or recall the relevant products subject to safety control, as prescribed by Presidential Decree. Expenses incurred in such cases shall be borne by the relevant manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent or import agent of products subject to safety control. <Amended on Oct. 18, 2022>
(8) Public officials who destroy or recall products subject to safety control under paragraph (7) shall carry a certificate indicating their authority and present it to relevant persons. <Amended on Oct. 18, 2022>
(9) If a Mayor/Do Governor deems it impracticable to prevent hazards caused by products subject to safety control only by suspending sales of such products or taking other measures under paragraphs (1) through (7), he or she may order the relevant manufacturer, importer, distributor, rental business operator, commercial user, sales broker, buying agent, or import agent of such products to perform the following actions, as prescribed by Presidential Decree: <Amended on Oct. 18, 2022>
1. Public disclosure of the fact that the person has been ordered to suspend sales or to take other measures;
2. Exchange, refund or repair of the relevant product subject to safety control;
3. Other measures that the Mayor/Do Governor deems necessary for preventing hazards.