Article 38(Order to correct dangerous goods) #
(1) Where the head of a central administrative agency intends to order a business entity to take any of the following measures (hereinafter referred to as "corrective measures") pursuant to Article 50(1) of the Act, he or she may request the Consumer Safety Center to submit information on dangers and injuries, if deemed necessary. In this case, the Consumer Safety Center shall comply with such a request unless there is any special reason:
1. To remove, destroy, or repair goods, etc., exchange them for other goods, etc., or refund their costs;
2. To prohibit the manufacture, import, sale or supply of goods, etc.;
3. To upgrade facilities related to goods, etc. or take other necessary measures.
(2) When the head of the central administrative agency orders a business entity to take any corrective measures pursuant to Article 50(1) of the Act, he or she shall notify in writing the business entity of the reasons and matters to be fulfilled as obligations, within a reasonable, specified period necessary for fulfillment.
(3) The business entity who has received the order of correction as referred to in paragraph (2) shall submit to the head of the competent central administrative agency a correction plan including the following matters within seven days and take the corrective measures pursuant thereto. In this case, if it is feared that any imminent and clear danger to the safety of consumers may occur, the head of the competent central administrative agency may shorten the period of time for submitting the correction plan:
1. Names of the defective goods, etc. and the date of manufacture or supply thereof;
2. Contents and cause of the defect and danger;
3. Danger likely to occur due to the defective goods, etc. and matters to be attended;
4. Method and period of implementing the corrective measures;
5. Methods for informing consumers or sellers, etc. of the plan for the corrective measures, which are provided for in the following items:
a. Where the addresses of consumers are known: Way of registered mail;
b. Where the addresses of consumers are unknown or it is required to swiftly inform many consumers or sellers, etc. of the plan for the corrective measures: Way of making advertisements in broadcasts or newspapers or of posting notices therefor at large-scale outlets, etc. or the places of selling or providing the goods, etc.
(4) Where the head of the central administrative agency deems that the correction plan submitted pursuant to paragraph (3) is insufficient to prevent any danger or injury which is caused or is likely to be caused to the lives, bodies or property of consumers, he or she may ask the relevant business entity to supplement the correction plan.
(5) Where the business entity that has submitted the correction plan in accordance with paragraph (3) informs consumers of the plan for the correction measures pursuant to subparagraph 5 of that paragraph, the following matters shall be included therein:
1. Matters referred to in paragraph (3)1 through 4;
2. Name, address, and contact information of the relevant business entity.
(6) The business entity that has submitted the correction plan in accordance with paragraph (3) shall forthwith implement the corrective measures pursuant thereto and shall, upon completion of the corrective measures, report the result of corrective measures to the head of the competent central administrative agency in a document specifying the following matters:
1. Contents and results of the corrective measures;
2. A different measure plan for goods, etc. for which the corrective measures have not been taken yet;
3. Measures for the prevention of recurrence of danger or injury.
(7) If the business entity fails to remove and destroy the relevant goods, etc. within the period in which the corrective measures are to be taken pursuant to the correction plan, the head of the competent central administrative agency may have any public official under his or her control remove and destroy them. In this case, the goods, etc. owned or possessed by other person than the business entity may be excluded from the removal and destruction.
(8) Where a public official who belongs to the competent central administrative agency removes and destroys goods, etc. under paragraph (7), he or she shall have the relevant business entity participate in it, and where the business entity fails to comply with it, or the whereabouts of the business entity is not known for a considerable period, he or she shall have one or more relevant public officials other than the public official referred to in paragraph (7) participate in it.
(9) The expenses involved in the removal and destruction under paragraph (7) shall be borne by the business entity; provided, if the business entity is unable to afford the expenses due to his or her bankruptcy, etc., they may be borne by the central administrative agency which takes charge of the removal and destruction of the relevant goods, etc.
(10) Pursuant to Article 50(3) of the Act, the heads of central administrative agencies may publicly announce the following matters through newspapers, broadcasting or an integrated consumer support system referred to in Article 16-2 of the Act: <Added on Apr. 30, 2018>
1. Matters prescribed in paragraph (3)1 through 4;
2. Name, address, and contact information of the relevant business entity.