Article 1(Purpose) #
The purpose of this Decree is to provide matters delegated by the Improvement of Quality of Exports Act (hereinafter referred to as the “Act”) and those necessary for the enforcement thereof.
Article 2(Survey on Actual Quality Conditions, etc.) #
(1) If it is deemed necessary for a survey on the actual conditions of the quality of exports under Article 2 of the Act, the Administrator of the Small and Medium Business Administration may make a comparative analysis of the quality of foreign and domestic products, and first-class oriented products.
(2) The Administrator of the Small and Medium Business Administration shall, when taking samples under Article 2 (4) of the Act, pay a reasonable price to the trader, etc. for such taken samples.
Article 3(Export-related Agencies) #
The agencies related to the export, to which the Administrator of the Small and Medium Business Administration may demand to produce materials under Article 2 (3) of the Act, shall be as follows:
1. Korea Trade and Investment Promotion Corporation as prescribed by the Korea Trade and Investment Promotion Corporation Act;
2. Korea Export Insurance Corporation as prescribed by the Export Insurance Act;
3. Small and Medium Enterprise Promotion Corporation as prescribed by the Small and Medium Enterprise Promotion Act;
4. Industrial Design and Packing Development Institute as prescribed by the Industrial Design and Packing Promotion Act;
5. Korea International Trader Association which is an incorporated association;
6. Korea Commercial Arbitration Board which is an incorporated association;
7. Industrial Complex Management Corporation and Occupant Enterprises Council as prescribed in Article 31 of the Industrial Placement and Factory Construction Act;
8. Export Association as prescribed in Article 55 of the Foreign Trade Act; and
9. Other government-contributed institutes carrying out affairs related to the export.
Article 4(Exports Quality Improvement Council) #
(1) In order to deliberate important matters concerning the improvement of quality of exports in compliance with any consultation of the Administrator of the Small and Medium Business Administration, the Exports Quality Improvement Council (hereinafter referred to as the “Council”) shall be established under the jurisdiction of the Administrator of the Small and Medium Business Administration.
(2) The Council shall deliberate the following matters:
1. Matters concerning the establishment of a plan to improve the quality of exports under Article 3 of the Act;
2. Matters concerning the making the criteria for the standard inspection as prescribed in Article 6 of the Act;
3. Matters concerning the designation of items to be inspected under Article 7 of the Act;
4. Criteria for and method of the inspection as prescribed in Article 14 (1) of the Act;
5. Matters concerning the making the quality standards of first classoriented goods as prescribed in Article 16 (2) of the Act; and
6. Other matters for which the Administrator of the Small and Medium Business Administration requests a deliberation as deemed necessary for improving the quality of exports.
Article 5(Composition of Council) #
(1) The Council shall be composed of fifteen to twenty members including a chairman.
(2) The chairman shall be the Vice Administrator of the Small and Medium Business Administration, and members shall be appointed or commissioned by the Administrator of the Small and Medium Business Administration from among public officials concerned and those of rich learning and experience on the quality improvement of exports.
(3) The term of members shall be three years, but renewable: Provided, That members who are public officials, shall hold office during his service.
Article 6(Duties of Chairman) #
(1) The chairman shall represent the Council, and exercise a general control over the affairs of the Council.
(2) If the chairman is unable to perform his duties, the member nominated in advance by the chairman shall act for him.
Article 7(Meeting of Council) #
(1) The chairman shall convene the meeting of the Council, and preside over it.
(2) When the chairman desires to convene the Council, he shall notify each member of the date, time and place of, and matters to be discussed in, the meeting not later than five days before the meeting is held, except in case where it is required urgently, or there is any inevitable reason.
(3) The meeting shall make a decision with attendance of a majority of all members, and by a concurrent vote of a majority of members present.
Article 8(Executive Secretary) #
(1) An executive secretary shall be assigned to the Council, but he shall be appointed by the Administrator of the Small and Medium Business Administration from among public officials under the jurisdiction of the Small and Medium Business Administration.
(2) The executive secretary shall take charge of the general affairs of the Council under the order of the chairman.
Article 9(Technical Committees) #
(1) If it is required for a technical research and examination, prior coordination, etc. as to matters to be deliberated, the Council may establish the technical committee on improvement of quality of exports (hereinafter referred to as the “technical committee”) by field.
(2) Members of each technical committee shall be those having technical knowledge on the exports quality improvement, and commissioned by the Administrator of the Small and Medium Business Administration.
(3) Each technical committee shall have a representative technical member who is elected by members from among them.
Article 10(Operational Rules) #
Matters other than those prescribed by this Decree, which are necessary for the establishment, composition, operation, etc. of the Council and technical committees, shall be determined by the chairman through a resolution of the Council.
Article 11(Allowance) #
Members who attend the meetings of the Council and technical committees under Articles 7 and 9, may receive allowances and travel expenses in the limit of the budget: Provided, That this shall not apply in a case where members who are public officials, attend the Council and technical committees in connection with his competent affairs.
Article 12(Criteria for Inspection, etc.) #
If it is deemed necessary in particular for determining the criteria for the standard inspection as prescribed in Article 6 of the Act and for the inspection as prescribed in Article 14 (1) of the Act, the Administrator of the Small and Medium Business Administration may determine such criteria differently depending on the area, conditions, etc. of the export.
Article 13(Inspection of Materials and Manufacture) #
(1) In conducting an export inspection on the items to be inspected under Article 7 of the Act, the inspection agency shall inspect whether the materials are conformed to such criteria for inspection as determined by the Administrator of the Small and Medium Business Administration, with respect to items to be inspected which is deemed impossible to conduct accurate inspection without conducting an inspection on the materials included in such items.
(2) In conducting an export inspection on the items to be inspected as prescribed in Article 7 of the Act, with respect to items to be inspected which are deemed impossible to be inspected exactly without conducting an inspection on the manufacturing process thereof, the inspection agency shall conduct such inspection on the manufacturing process by such manner as determined by the Administrator of the Small and Medium Business Administration.
Article 14(Cancellation of Designation as Inspection Agency and Suspension of Services) #
(1) If the inspection agency falls under any of subparagraphs of Article 12 (1) of the Act, the Administrator of the Small and Medium Business Administration may issue an order of correction with matters required to be corrected and period required for such correction, etc. specified, before he cancels the designation, or issues an order to suspend the services.
(2) If the inspection agency fails to comply with the order of correction issued under paragraph (1), the Administrator of the Small and Medium Business Administration may cancel the designation, or order to suspend the whole or part of the services with a period not exceeding six months fixed.
Article 15 #
Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>
Article 16(Delegation and Entrustment of Authority) #
(1) The Administrator of the Small and Medium Business Administration shall delegate under Article 22 of the Act, to the Seoul Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor (hereinafter referred to as the “Mayor/Do governor”), the following authority (excluding the authority entrusted to the Minister of Health and Welfare under the provisions of the paragraph (2)): <Amended by Presidential Decree No. 14446, Dec. 23, 1994>
1. Matters of the survey on actual quality conditions of exports as prescribed in Article 2 of the Act, which fall under any of the following items:
(a) Actual quality conditions of finished goods; and
(b) Situation on carrying out the quality management and autonomous inspection as prescribed in Article 2 (2) 2 of the Act;
2. Order to remove or change the indication as prescribed in Article 19 of the Act.
(2) The Administrator of the Small and Medium Business Administration shall entrust the Minister of Health and Welfare with the following authority on any processed food: <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15598, Dec. 31, 1997>
1. Survey on actual quality conditions of exports as prescribed in Article 2 of the Act;
2. Establishment of the quality improvement plan as prescribed in Article 3 of the Act;
3. Notification on factors of inferiority as prescribed in Article 4 of the Act;
4. Establishment and dissemination of the standard inspection criteria as prescribed in Article 6 of the Act;
5. Authority of those as prescribed in Article 8 of the Act, who falls under any of the following items:
(a) Designation of the inspection agency and reception of the application;
(b) Public notice on designation and change of the inspection agency; and
(c) Reception of the report on changed contents of matters notified publicly.
6. Approval on the service rules as prescribed in Article 9 of the Act;
7. Reception of the operational plan and of the revenue and expenditure estimate as prescribed in Article 10 (1) of the Act;
8. Reception of the operational report and the settlement of accounts as prescribed in Article 10 (2) of the Act;
9. Approval on the appointment and dismissal of officers as prescribed in Article 11 of the Act;
10. Cancellation or suspension of the inspection agency under Article 12 of the Act, or public notice at the time the cancellation or suspension is ordered;
11. Reception and public notice on contents of the report on suspension or discontinuance of service as prescribed in Article 13 of the Act;
12. Determination of and public notice on the criteria for and method of the inspection as prescribed in Article 14 of the Act;
13. Order and reception of the report as prescribed in Article 18 (1) of the Act, and reception of the report as prescribed in Article 18 (2) of the Act;
14. Order to remove or change the indication as prescribed in Article 19 of the Act;
15. Hearing on the cancellation of designation of the inspection agency as prescribed in Article 20 of the Act;
16. Determination of and approval on the rate of inspection fee as prescribed in Article 21 of the Act; and
17. Imposition and collection of the fine for negligence as prescribed in Article 25 of the Act, on any offense concerning matters as prescribed in subparagraphs 5 (c) and 13.
(3) The Administrator of the Small and Medium Business Administration shall entrust the Korea Trade and Investment Promotion Agency with the authority to conduct a survey on quality as prescribed in Article 2 of the Act for the products, etc. distributed in foreign markets, and to take a public-opinion poll on the overseas purchasers or consumers.
Article 17(Imposition of Fine for Negligence) #
(1) The Administrator of the Small and Medium Business Administration (including the Minister of Health and Welfare who is entrusted with the authority under Article 16 (2); hereinafter in this Article the same shall apply) shall, upon imposing the fine for negligence as prescribed in Article 25 (1) of the Act, specify in writing the fact of offense, amount of the fine for negligence, etc. after investigating and confirming such offense, and notify the person who is subject to the disposition of fine for negligence, to pay it. <Amended by Presidential Decree No. 14446, Dec. 23, 1994>
(2) If the Administrator of the Small and Medium Business Administration desires to impose the fine for negligence under paragraph (1), he shall give the person who is subject to the disposition of fine for negligence, an opportunity to state orally or in writing his opinion, with a period more than ten days fixed. In this case, if no opinion is stated up to the designated date, it shall be considered that he has no opinion to state.
(3) In determining the amount of the fine for negligence, the Administrator of the Small and Medium Business Administration shall take into consideration the motive, result, etc. of the offense.