ENFORCEMENT DECREE OF THE ELEVATOR SAFETY MANAGEMENT ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE ELEVATOR SAFETY MANAGEMENT ACT — 법갈피

Article 5(Composition and operation of Elevator Safety Committee) #

(1) The Minister of the Interior and Safety shall compose and operate an Elevator Safety Committee (hereinafter referred to as the "Committee") to deliberate on the following matters: <Amended on Jan. 21, 2025>

1. Comprehensive policies on the safety of elevators under Article 3(1) of the Act;

1-2. Formulation and modification of a master plan under Article 3-2 of the Act;

2. Establishing or amending the standards under Article 11(3) of the Act;

3. Establishing or amending the standards under Article 17(3) of the Act;

4. Designating an agency for safety certification of parts under Article 23(1) of the Act;

5. Designating an agency for regular inspections under Article 37(1) of the Act;

6. Measures for establishing a foundation for the elevator safety industry under Article 65 of the Act;

7. Other important matters that are related to policies on the safety management of elevators and that the Minister of the Interior and Safety refers to a meeting.

(2) The Committee shall be composed of up to 15 members including one chairperson.

(3) A member in general service of the Senior Executive Service of the Ministry of the Interior and Safety who is in charge of the safety management of elevators (limited to a public official whose class of duties falls under the category of class A) shall serve as the chairperson of the Committee, and members of the Committee shall be appointed or commissioned by the Minister of the Interior and Safety from among any of the following persons in consideration of their gender:

1. A public official of Grade IV or higher of the Ministry of the Interior and Safety or a member in general service of the Senior Executive Service thereof (limited to a public official whose class of duties falls under the category of class B) who is in charge of the safety management of elevators;

2. A person recommended by the president of the Korea Elevator Safety Agency established under Article 55 of the Act (hereinafter referred to as the "Agency") from among executive officers and employees in charge of the safety management of elevators in the Agency;

3. A person recommended by the president of the Korea Consumer Agency established under Article 33 of the Framework Act on Consumers from among executive officers and employees in charge of the safety management of elevators in the Korea Consumer Agency;

4. A person recommended by an organization related to the safety management of elevators from among non-profit, non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;

5. Other persons with extensive knowledge of and experience in the safety management of elevators.

(4) Each member of the Committee (excluding a member under paragraph (3)1) shall hold office for a term of three years and may be reappointed only for one consecutive term.

(5) The chairperson shall convene and preside over meetings of the Committee.

(6) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.

(7) The Committee may have a specialized committee composed of experts in elevator technology (hereinafter referred to as "specialized committee") to professionally examine the matters referred to in each subparagraph of paragraph (1). <Added on Jul. 25, 2023>

(8) Allowances, travel expenses, etc. may be paid to members who attend a meeting of the Committee or specialized committees within the budget; provided, this shall not apply where a member who is a public official attends a meeting in direct connection with his or her duties. <Amended on Jul. 25, 2023>

(9) Except as provided in paragraphs (1) through (8), matters necessary for the composition and operation of the Committee and specialized committees shall be determined by the Minister of the Interior and Safety. <Amended on Jul. 25, 2023>

Article 11(Period for providing elevator maintenance parts) #

(1) To smoothly provide elevator maintenance parts under Article 8(1)1 of the Act (hereinafter referred to as "maintenance parts") or equipment or software under subparagraph 2 of that paragraph (hereinafter referred to as "equipment, etc."), a person who files for registration of manufacturing business or import business under the former part of Article 6(1) of the Act to engage in such business (hereinafter referred to as "manufacturing business or import business") shall provide maintenance parts or equipment, etc. of the same type for at least 10 years from the date of selling or transferring such parts or equipment, etc.; provided, this shall not apply where other similar maintenance parts or equipment, etc. can be used and provided.

(2) Where a manufacturer or importer sells or transfers an elevator or an elevator part, he or she shall provide the relevant purchaser or transferee (including the managing body; hereafter in this Article, the same shall apply) with the following materials:

1. An operating manual;

2. A warranty stating the following matters:

a. Date of sale or transfer;

b. Warranty period;

c. Particulars of warranty;

d. Name (in the case of a corporation, referring to the names of the corporation and its representative), address, and telephone number of the manufacturer and importer;

e. Manufacturing country and manufacturer of, and period for retaining, maintenance parts or equipment, etc.;

f. Information on the after-sale repair and support system.

(3) The warranty period under paragraph (2)2b shall be at least three years, and where any breakdown or defect occurs although a purchaser or a transferee correctly uses and manages an elevator or an elevator part in accordance with the relevant operating manual, a manufacturer or importer shall provide maintenance parts or equipment, etc. without compensation (maintenance service shall be included).

(4) Matters necessary for methods and procedures for providing materials under the subparagraphs of paragraph (2) and for providing maintenance parts or equipment, etc. without compensation under paragraph (3) (maintenance service shall be included) shall be determined and publicly notified by the Minister of the Interior and Safety.

Article 15(Penalty surcharges imposed on manufacturers or importers in lieu of business suspension) #

(1) The amount of a penalty surcharge under Article 10(1) of the Act shall be calculated by applying the standards for imposing penalty surcharges under Appendix 3.

(2) Where a Mayor/Do Governor imposes a penalty surcharge under Article 10(1) of the Act, he or she shall give written notice of the payment of the penalty surcharge, specifying the provisions under which the penalty surcharge is imposed, the type of the relevant violation, and its amount.

(3) Upon receipt of notice under paragraph (2), a person shall pay a penalty surcharge to a collecting agency determined by a Mayor/Do Governor within 20 days; provided, where it is impossible to pay the penalty surcharge by the payment deadline due to an act of God or any other unavoidable reason, the person shall pay it within seven days from the date the relevant reason ceases to exist.

(4) Upon receipt of a penalty surcharge under paragraph (3), a collecting agency shall issue a receipt to the payer and shall notify such fact to a Mayor/Do Governor without delay.

(5) Where a Mayor/Do Governor grants an extension of the payment deadline for penalty surcharges to a person on whom a penalty surcharge is imposed under Article 10(1) of the Act or allows the person to pay it in installments under Article 29 of the Framework Act on Administration or Article 7 of the Enforcement Decree of that Act, the period by which the payment deadline is extended and the period for payment in installments shall not exceed one year from the date following the initial payment deadline, and the number of installments shall not exceed three.<Added on Feb. 3, 2022>

(6) Except as provided in paragraph (5), matters necessary for extending the payment deadline for penalty surcharges, filing applications for paying them in installments, and other matters shall be prescribed by Decree of the Ministry of the Interior and Safety. <Added on Feb. 3, 2022>

Article 18(Exemption from safety certification of parts) #

(1) Exemption from safety certification of a part under Article 12 of the Act shall be classified as follows:

1. In cases falling under any of subparagraphs 1 through 3 of Article 12 of the Act: Exemption from safety certification of a part;

2. In cases falling under subparagraph 4 of Article 12 of the Act, exemption classified as follows:

a. Where safety certification equivalent to safety certification of a part is obtained from a foreign institution prescribed in subparagraph 4 of Article 12 of the Act: Exemption from safety certification of a part;

b. Where an evaluation or a test equivalent to that specified in the subparagraphs of Article 17 is conducted by a foreign institution prescribed in subparagraph 4 of Article 12 of the Act: Exemption from the equivalent evaluation or test;

3. In cases falling under subparagraph 5 of Article 12 of the Act: Exemption from a safety test under subparagraph 2 of Article 17;

4. In cases falling under subparagraph 6 of Article 12 of the Act: Exemption from a factory evaluation under subparagraph 3 of Article 17;

5. In cases falling under subparagraph 7 of Article 12, exemption classified as follows:

a. Where safety certification equivalent to safety certification of a part is obtained: Exemption from safety certification of a part;

b. Where an evaluation or a test equivalent to that specified in the subparagraphs of Article 17 is conducted: Exemption from the equivalent evaluation or test.

(2) "Elevator safety part prescribed by Presidential Decree" in subparagraph 1 of Article 12 of the Act means an elevator safety part specified in Appendix 5.

(3) "Elevator safety part prescribed by Presidential Decree" in subparagraph 2 of Article 12 of the Act means any of the following elevator safety parts:

1. An elevator safety part that is not sold or leased in the Republic of Korea and that is imported for the purpose of exportation;

2. An elevator safety part that is exported and brought into the Republic of Korea for repair or maintenance on condition that the part is released.

(4) A person who intends to be fully or partially exempted from safety certification of a part pursuant to Article 12 of the Act shall file an application for exemption with the Minister of the Interior and Safety, as prescribed by Decree of the Ministry of the Interior and Safety.

Article 21(Exemption from safety certification of elevators) #

(1) Pursuant to Article 18 of the Act, exemption from safety certification of an elevator under Article 17(1) of the Act (hereinafter referred to as "safety certification of an elevator") shall be classified as follows: <Amended on Jul. 23, 2024>

1. In cases falling under any of subparagraphs 1 through 3 of Article 18 of the Act: Exemption from safety certification of an elevator;

2. In cases falling under subparagraph 4 of Article 18 of the Act, exemption classified as follows:

a. Where safety certification equivalent to safety certification of a model elevator is obtained from a foreign institution prescribed in subparagraph 4 of Article 18 of the Act: Exemption from safety certification of a model elevator;

b. Where an evaluation or a test equivalent to that specified in the subparagraphs of Article 20 is conducted by a foreign institution prescribed in subparagraph 4 of Article 18 of the Act: Exemption from the equivalent evaluation or test;

3. In cases falling under subparagraph 5 of Article 18 of the Act: Exemption from a safety test under subparagraph 2 of Article 20;

4. In cases falling under subparagraph 6 of Article 18 of the Act: Exemption from a factory evaluation under subparagraph 3 of Article 20;

4-2. In cases falling under subparagraph 6-2 of Article 18 of the Act: Exemption from a design evaluation under subparagraph 1 of Article 20;

5. In cases falling under subparagraph 7 of Article 18 of the Act, exemption classified as follows:

a. Where safety certification equivalent to safety certification of an elevator is obtained: Exemption from safety certification of an elevator;

b. Where an evaluation or a test equivalent to that prescribed in the subparagraphs of Article 20 is conducted: Exemption from the equivalent evaluation or test.

(2) "Elevator prescribed by Presidential Decree" in subparagraph 1 of Article 18 of the Act means an elevator specified in Appendix 5.

(3) "Elevator prescribed by Presidential Decree" in subparagraph 2 of Article 18 of the Act means an elevator that is not sold nor installed in the Republic of Korea and that is imported for the purpose of exportation.

(4) A person who intends to obtain exemption from safety certification of an elevator under Article 18 of the Act shall file an application for exemption with the Minister of the Interior and Safety, as prescribed by Decree of the Ministry of the Interior and Safety.

Article 23(Standards for designation of designated certification agencies) #

A person who intends to be designated as an agency for safety certification of a part (hereinafter referred to as "designated certification agency") pursuant to Article 23(1) of the Act shall meet all of the following standards for designation: <Amended on Jan. 2, 2026>

1. The person shall be a non-profit corporation or organization which engages mainly in safety tests on elevator safety parts;

2. The person shall be a testing and inspection agency accredited by an accrediting organization prescribed in Article 23(2) of the Framework Act on National Standards as suitable for performing safety certification of a part;

3. The person shall have facilities that test at least 1/3 of elevator safety parts and that are required according to the safety standards for elevator safety parts;

4. At least three persons falling under each of the following shall work on a full-time basis (including cases of reduced working hours for a period of childcare under Article 19-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act):

a. A person who has at least five years of work experience in tests at a testing and inspection agency accredited by an accrediting organization prescribed in Article 23(2) of the Framework Act on National Standards;

b. A person with the qualifications as a certification examiner prescribed by the International Organization for Standardization (ISO) or specified in Article 18 of the Industrial Standardization Act;

5. The person shall not receive any financial support from elevator business operators or from a corporation or organization comprised of elevator business operators and shall be independent in relation to safety certification of parts;

6. Where the person is a corporation or organization of a foreign country, the country shall permit a corporation or organization of the Republic of Korea to conduct safety certification of a part or perform business affairs similar thereto under the same conditions as those applicable to a corporation or organization of the country.

Article 25(Orders for improvement, destruction, collection, or suspension of sale) #

(1) Pursuant to Article 25(1) or (2) of the Act, the Minister of the Interior and Safety shall order an manufacturer or importer, a seller, a rental business operator, a business operator (referring to a person falling under Article 14(3)6 or 20(3)5 of the Act), a sales broker, a purchasing agent, or an import agent of an elevator safety part or an elevator (hereinafter referred to as "manufacturer, importer, etc.") to improve, destroy, collect, or suspend the sale of such elevator safety part or elevator (hereinafter referred to as "suspension of sale, etc.") in accordance with the following classification: <Amended on Jul. 25, 2023>

1. The Minister may issue an order for suspension of sale, and may issue an order for collection or destruction for a specified period not exceeding two months in any of the following cases:

a. In cases falling under any of Article 25(1)1, 2, 4, 5, and 7 through 9 of the Act;

b. In cases falling under any of Article 25(2)1, 2, 4, and 5 of the Act;

2. The Minister may issue an order for suspension of sale and issue an order for making an improvement for a specified period not exceeding two months in any of the following cases, and where sale is not suspended or the order for an improvement is not complied with, he or she may issue an order for collection or destruction for a specified period not exceeding two months:

a. In cases falling under any of Article 25(1)3 and 6 of the Act;

b. In cases falling under any of Article 25(2)3 and 6 of the Act.

(2) An order for suspension of sale, etc. shall be issued in writing, specifying the following: <Amended on Jul. 25, 2023>

1. Trade name of a person obligated to comply with the order, and the name of the representative thereof;

2. Grounds for and details of the order;

3. Period of performance, and procedures for applying for an extension of the performance period;

4. Matters with which the relevant elevator safety part or elevator can be identified, such as the name of the elevator safety part, and the name and model name of the elevator;

5. Other matters deemed necessary by the Minister of the Interior and Safety for suspension of sale, etc. of the relevant elevator safety part or elevator.

(3) In any of the following cases, a manufacturer, importer, etc. issued with an order for improvement, destruction, or collection (hereinafter referred to as "improvement, etc.") pursuant to paragraph (1) may file an application for an extension of the performance period with the Minister of the Interior and Safety, as prescribed by Decree of the Ministry of the Interior and Safety: <Added on Jul. 25, 2023>

1. Where it is impossible to perform an order for improvement, etc. within the performance period due to any unavoidable reason, such as a natural disaster;

2. Where it is difficult to perform an order for improvement, etc. within the performance period in consideration of the expenses, time, etc. required for improvement, etc.

(4) Where a manufacturer, importer, etc. applies for an extension of the performance period due to a reason falling under paragraph (3) 2, he or she shall submit a safety certificate issued by the Agency after undergoing a precise diagnosis classified as follows: <Added on Jul. 25, 2023>

1. Where he or she is issued with an order for improvement, etc. due to a reason falling under Article 25(1)1, 2, 5, 7, 8, or 9 of the Act: A precise diagnosis conducted by the Agency to verify whether the relevant elevator safety part meets the safety standards for elevator safety parts and the standards for evaluation of a part factory;

2. Where he or she is issued with an order for improvement, etc. due to a reason falling under Article 25(1)3 of the Act: A precise diagnosis conducted by the Agency to verify whether the relevant elevator part has any risk, etc. according to the method of analyzing the risks of elevators of the Korean Industrial Standards under Article 12 of the Industrial Standardization Act;

3. Where he or she is issued with an order for improvement, etc. due to a reason falling under Article 25(2)1, 2, or 5 of the Act: A precise diagnosis conducted by the Agency to verify whether the relevant elevator meets the safety standards for elevators and the standards for evaluation of an elevator factory;

4. Where he or she is issued with an order for improvement, etc. due to a reason falling under Article 25(2)3 of the Act: A precise diagnosis conducted by the Agency to verify whether the relevant elevator has any risk, etc. according to the methods of analyzing the risks of elevators of the Korean Industrial Standards under Article 12 of the Industrial Standardization Act.

(5) The Minister of the Interior and Safety upon receipt of an application for an extension of the performance period under paragraphs (3) and (4) may extend the performance period of an order for improvement, etc. by up to six months, including the initial performance period. <Added on Jul. 25, 2023>

(6) Where the Minister of the Interior and Safety has a public official under his or her control directly destroy or collect an elevator safety part or an elevator under the former part of Article 25(3) of the Act, he or she shall require the relevant manufacturer, importer, etc. to be present at the scene to observe the destruction or collection; provided, the Minister need not require the manufacturer, importer, etc. to be present at the scene, where he or she fails to comply with such request or his or her whereabouts are unknown. <Amended on Jul. 25, 2023>

Article 27(Types of insurance) #

(1) The types of insurance under Article 30(1) of the Act (hereinafter referred to as "liability insurance") shall be either elevator accident liability insurance or insurance which contains the same details as elevator accident liability insurance.

(2) Liability insurance shall be purchased or re-purchased at any of the following times:

1. The date an installation inspection is conducted pursuant to Article 28(1) of the Act;

2. Where a managing body is changed, the date of such change;

3. Within the date liability insurance expires.

(3) The maximum amount covered by liability insurance shall be at least the following relevant amount; provided, the amount of insurance money to be paid shall not exceed the amount of actual damage, except in cases falling under the proviso of subparagraph 1:

1. In the case of a death, 80 million won per person; provided, where the amount of actual damage incurred from the death is less than 20 million won, 20 million won shall be paid;

2. In the case of an injury, the amount determined according to the amount of insurance money by injury grade per person under subparagraph 1 of Appendix 6;

3. In the case of an injury which results in a physical disability after treatment for such injury is completed (hereinafter referred to as "permanent disability"), the amount determined according to the amount of insurance money by grade of permanent disability per person under subparagraph 2 of Appendix 6;

4. In the case of a property loss, 10 million won per accident;

5. In the case of an injured person who dies due to the relevant injury during the treatment therefor, the aggregate of the amounts under subparagraphs 1 and 2;

6. In the case of an injured person who suffers from a permanent disability due to the relevant injury, the aggregate of the amounts under subparagraphs 2 and 3;

7. In the case of a death which results from the injury after the amount under subparagraph 3 is paid, the amount calculated by subtracting the amount paid under subparagraph 3 from the amount under subparagraph 1.

(4) A managing body which purchases liability insurance (including re-purchase; hereafter in this Article the same shall apply) shall require the seller of such liability insurance to enter the purchase specified in paragraph (2) into the comprehensive elevator safety information network under Article 73(1) of the Act (hereinafter referred to as "comprehensive elevator safety information network") within 14 days from the date of the purchase. <Amended on Feb. 3, 2022>

(5) Details necessary for entry under paragraph (4) shall be determined by the Minister of the Interior and Safety. <Added on Feb. 3, 2022>

Article 28(Qualifications of persons eligible for self-examinations) #

(1) A managing body shall have any of the following persons who complete on-the-job education under Article 52(2) of the Act to take charge of a self-examination of the safety of elevators under Article 31(1) of the Act (hereinafter referred to as "self-examination"):

1. A person who qualifies as an elevator engineer under the National Technical Qualifications Act (hereinafter referred to as "elevator engineer qualification");

2. A person who has at least two months of practical work experience in designing, manufacturing, installing, certifying, inspecting, or maintaining elevators (hereinafter referred to as "practical work experience in elevators") after qualifying as an elevator industrial engineer under the National Technical Qualifications Act (hereinafter referred to as "elevator industrial engineer qualification");

3. A person who has at least four months of practical work experience in elevators after qualifying as an elevator technician under the National Technical Qualifications Act (hereinafter referred to as "elevator technician qualification");

4. A person who has at least four months of practical work experience in elevators after qualifying as an industrial engineer or higher in the field of machinery, electricity, or electronics under the National Technical Qualifications Act;

5. A person who has at least six months of practical work experience in elevators after qualifying as a technician in the field of machinery, electricity, or electronics under the National Technical Qualifications Act (hereinafter referred to as "technician qualification in the field of machinery, electricity, or electronics");

6. A person who has at least six months of practical work experience in elevators after obtaining a bachelor's degree in the department of elevators, machinery, electricity, or electronics, or in any other similar department from a school prescribed in Article 2 of the Higher Education Act (including a degree acknowledged as equal to or higher than the level of such degree under statutes or regulations; hereinafter referred to as "bachelor’s degree in a department related to elevators, machinery, electricity, or electronics");

7. A person who has at least one years of practical work experience in elevators after obtaining an associate degree in the department of elevators, machinery, electricity, or electronics, or in any other similar department from a school prescribed in Article 2 of the Higher Education Act (including a degree acknowledged as equal to or higher than the level of such degree under statutes or regulations; hereinafter referred to as "associate degree in a department related to elevators, machinery, electricity, or electronics);

8. A person who has at least one year and six months of practical work experience in elevators after graduating from the department of elevators, machinery, electricity, or electronics, or from any other similar department of a high school or a high technical school prescribed in subparagraph 3 of Article 2 of the Elementary and Secondary Education Act (hereinafter referred to as "department related to elevators, machinery, electricity, or electronics of a high school or a technical high school");

9. A person who has at least three years of practical work experience in elevators.

(2) Notwithstanding paragraph (1), any of the following persons who complete on-the-job education under Article 52(2) of the Act shall be required to take charge of a self-examination of a high-speed elevator with a rated speed of more than four meters per second:

1. A person who has at least three years of practical work experience in elevators after obtaining elevator engineer qualifications;

2. A person who has at least five years of practical work experience in elevators after obtaining elevator industrial engineer qualifications;

3. A person who has at least seven years of practical work experience in elevators after obtaining elevator technician qualifications;

4. A person who has at least five years of practical work experience in elevators after obtaining a bachelor’s degree in a department related to elevators, machinery, electricity, or electronics;

5. A person who has at least seven years of practical work experience in elevators after obtaining an associate degree in a department related to elevators, machinery, electricity, or electronics;

6. A person who has at least nine years of practical work experience in elevators after graduating from a department related to elevators, machinery, electricity, or electronics of a high school or a technical high school;

7. A person who has at least 12 years of practical work experience in elevators.

Article 30(Adjustment of cycle of self-examinations) #

(1) "Reasons prescribed by Presidential Decree, such as the introduction of new repair and management technique" in Article 31(3)4 of the Act means any of the following cases:

1. Where an elevator with a remote management function determined and publicly notified by the Minister of the Interior and Safety, such as a remote examination and real-time monitoring of breakdowns, is managed;

2. Where a person who files for registration of elevator maintenance business to engage in such business pursuant to the former part of Article 39(1) of the Act (hereinafter referred to as "maintenance business operator") manages an elevator by concluding a contract for comprehensive maintenance which includes all of the safety management activities prescribed in the items of subparagraph 5 of Article 2 of the Act;

3. Where a maintenance business operator manages an elevator by concluding a contract under subparagraph 7c of Article 2 of the Act (referring to a contract under which a maintenance business operator is the managing body);

4. Where a maintenance business operator selected as an excellent safety management business entity under Article 66 of the Act manages an elevator which has passed a safety inspection under Article 32(1) of the Act for the recent two years;

5. Where an elevator not required to be installed in a building or a fixed facility under other statutes or regulations (excluding any of the following elevators) is managed:

a. An elevator used for persons’ riding among elevators under Article 3(1)1 (hereinafter referred to as "elevator") installed in public-use buildings and quasi-public-use buildings under subparagraphs 17 and 17-2 of Article 2 of the Enforcement Decree of the Building Act;

b. An escalator under Article 3(1)2 (hereinafter referred to as "escalator");

c. A wheelchair lift under Article 3(1)3 (hereinafter referred to as "wheelchair lift").

(2) In cases falling under any of the subparagraphs of paragraph (1), a managing body may adjust the cycle of a self-examination of the elevators that it manages by up to three months; provided, this shall not apply to any of the following elevators:

1. An elevator for which 15 years has passed since it underwent an installation inspection under Article 28(1) of the Act;

2. An elevator in which a serious accident under Article 48(1)1 of the Act has occurred within the recent three years;

3. An elevator in which a serious breakdown under Article 48(1)2 of the Act has occurred on at least three occasions within the recent one year.

(3) Where a maintenance business operator who conducts a self-examination as an agency pursuant to Article 31(4) of the Act intends to adjust the cycle of a self-examination under the main clause, with the exception of the subparagraphs, of paragraph (2), he or she shall obtain written consent from the relevant managing body in advance.

Article 37(Serious accidents and serious breakdowns) #

(1) "Serious accident prescribed by Presidential Decree, such as death or injury of a person" in Article 48(1)1 of the Act means any of the following:

1. An accident causing a death;

2. An accident causing an injured person who requires hospitalization and treatment for at least one week based on a doctor’s initial diagnosis made within seven days from the date the accident occurs;

3. An accident causing an injured person who requires treatment for at least three weeks based on a doctor’s initial diagnosis made within seven days from the date the accident occurs.

(2) "Serious breakdown prescribed by Presidential Decree, such as where an elevator is operated with its door open" in Article 48(1)2 of the Act means the breakdowns classified as follows: <Amended on Feb. 3, 2022>

1. An elevator or a wheelchair lift: A breakdown falling under the following cases:

a. Where it moves with its door open;

b. Where it is not operated because the door is derailed or damaged;

c. Where it moves continuously through the top floor or the bottom floor;

d. Where a user is stuck in the car as the elevator does not go to the intended floor (excluding a case that occurs due to a power failure or an act of God);

e. Where a user is stuck in the car as the elevator stops while in operation (excluding a case that occurs due to a power failure or an act of God);

f. Where the car, or a hanging device or means of compensation fixed to the counterweight (including components of such device or means of compensation, respectively) is derailed or falls;

2. An escalator: A breakdown falling under the following cases:

a. Where the difference between the speed of the handrails and that of the steps exceeds the level publicly notified by the Minister of the Interior and Safety;

b. Where the escalator moves at an over speed exceeding the level publicly notified by the Minister of the Interior and Safety while it moves downwards;

c. Where the steps move in the opposite direction while the escalator moves upwards;

d. Where a device for preventing an over speed or backward-moving fails to normally work;

e. Where the escalator is not operated as the steps are derailed or damaged.

Article 64(Entrustment of business affairs) #

(1) The Minister of the Interior and Safety shall entrust the following business affairs to the Agency pursuant to Article 78(2) and (3) of the Act; provided, this shall not apply to the duties entrusted to a designated certification agency pursuant to paragraph (3) and the business affairs entrusted to a designated inspection agency pursuant to paragraph (4) among those prescribed in subparagraphs 2, 7, and 10:

1. Verification of exemption from safety certification of a part under Article 12 of the Act (excluding subparagraph 2 of that Article);

2. Regular evaluation of an elevator safety part under Article 13(1) of the Act;

3. Verification of exemption from safety certification of an elevator under Article 18 of the Act (excluding subparagraph 2 of that Article);

4. Regular evaluation of an elevator under Article 19(1) of the Act;

5. Guidance and support for a designated certification agency under Article 22(3) of the Act;

6. Receipt of notification of appointment, replacement, etc. of an elevator safety manager under Article 29 of the Act;

7. Issuance of a certificate of inspection and an operation prohibition mark under Article 34 of the Act;

8. Guidance and support for a designated inspection agency under Article 36(2) of the Act;

9. Investigation of an elevator accident under Article 48(4) of the Act;

10. Notification under Article 50(1) of the Act;

11. Establishment and operation of the comprehensive elevator safety information network and provision of information;

12. Verification of materials submitted or reported pursuant to Article 75(1) of the Act.

(2) A Mayor/Do Governor shall entrust the following duties to the Agency pursuant to Article 78(2) of the Act:

1. Verification of exemption from safety certification of a part under subparagraph 2 of Article 12 of the Act;

2. Verification of exemption from safety certification of an elevator under subparagraph 2 of Article 18 of the Act;

3. Receipt of a report on installation of an elevator under Article 27 of the Act.

(3) Pursuant to Article 78(3) of the Act, the Minister of the Interior and Safety may entrust a regular evaluation of an elevator safety part prescribed in Article 13(1) of the Act to the relevant designated certification agency which conducts part of safety certification of a part on his or her behalf pursuant to the proviso, with the exception of the subparagraphs, of Article 22(1) of the Act.

(4) Pursuant to Article 78(3) of the Act, the Minister of the Interior and Safety may entrust the following duties to the relevant designated inspection institution which conducts part of a regular inspection on his or her behalf pursuant to the proviso, with the exception of the subparagraphs, of Article 36(1) of the Act:

1. Issuance of a certificate of inspection or an operation prohibition mark under Article 34 of the Act;

2. Notification of an elevator which fails to pass a safety inspection under Article 50(1) of the Act.

(5) The Minister of the Interior and Safety may entrust the following duties to the Agency or the Association pursuant to Article 78(3) of the Act:

1. Receipt of a report on matters regarding the career, etc. of a technician under Article 51(1) of the Act;

2. Management of matters regarding the career, etc. of a technician and issuance of a certificate under Article 51(2) of the Act;

3. Guidance on cooperation among elevator business operators under Article 67 of the Act.

(6) Where the Minister of the Interior and Safety entrusts the business affairs pursuant to paragraph (3) through (5), he or she shall publicly notify a person entrusted with the business affairs and the details of the entrusted business affairs.

Article 65(Processing of sensitive information and personally identifiable information) #

(1) The Minister of the Interior and Safety (including a Mayor/Do Governor delegated with the authority of the Minister of the Interior and Safety pursuant to Article 63 and a person entrusted with the duties of the Minister of the Interior and Safety pursuant to Article 64(1) and (3) through (5)) may process any data that constitutes criminal history records prescribed in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act (hereinafter referred to as "data on criminal history records"), and data containing resident registration numbers, passport numbers, or alien registration numbers (hereinafter referred to as "resident registration numbers, etc.") under subparagraph 1, 2, or 4 of Article 19 of that Decree, if unavoidable to perform the following:

1. Affairs regarding safety certification of a part, exemption from safety certification of a part, and a regular evaluation of an elevator safety part under Articles 11 through 13 of the Act;

2. Affairs regarding safety certification of an elevator, exemption from safety certification of an elevator, and a regular evaluation of an elevator under Articles 17 through 19 of the Act;

3. Affairs regarding designation, revocation of designation, or suspension of business of a designated certification agency and imposition of a penalty surcharge thereon under Articles 23 and 24 of the Act;

4. Affairs regarding an order for suspension of sale, etc., and an order for performance issued to a manufacturer, importer, etc. under Articles 25 and 26 of the Act;

5. Affairs regarding notification of appointment, replacement, etc. of an elevator safety manager under Article 29 of the Act;

6. Affairs regarding a safety inspection of an elevator under Article 32 of the Act;

7. Affairs regarding execution of an installation inspection and a safety inspection by proxy; designation, revocation of designation, or suspension of business of a designated inspection agency; and imposition of a penalty surcharge on a designated inspection agency under Articles 36 through 38 of the Act;

8. Affairs regarding reporting, etc. on the career of a technician under Article 51 of the Act;

9. Affairs regarding designation, revocation of designation, or suspension of business of an educational institution under Article 53 of the Act;

10. Affairs regarding suspension of business of a safety management technician under Article 54 of the Act;

11. Affairs regarding the selection, etc. of an excellent safety management business entity under Article 66 of the Act;

12. Deleted; <Jul. 30, 2024>

13. Affairs regarding the establishment and operation of the comprehensive elevator safety information network under Article 73 of the Act;

14. Affairs regarding submission or reporting of materials under Article 75(1) of the Act.

(2) A Mayor/Do Governor (including a person entrusted with the duties of a Mayor/Do Governor pursuant to Article 64(2)) may process data on criminal history records or data containing resident registration numbers, etc., if unavoidable to perform the following:

1. Affairs regarding registration, registration of modification, revocation of registration, and suspension of business of manufacturing business or import business, and imposition of penalty surcharges under Articles 6, 9, and 10 of the Act;

2. Affairs regarding reporting on installation of an elevator under Article 27 of the Act;

3. Affairs regarding registration, registration of modification, revocation of registration, and suspension of business of maintenance business, and imposition of penalty surcharges under Articles 39, 44, and 45 of the Act;

4. Affairs regarding submission or reporting of materials under Article 75(2) of the Act.

(3) A public official who performs affairs related to inspections under Article 75(3) of the Act may process data on criminal history records and data containing resident registration numbers, etc., if inevitable to perform such affairs.

ENFORCEMENT DECREE OF THE ELEVATOR SAFETY MANAGEMENT ACT

Article 1(Purpose) #

Article 2(Elevators excluded from application) #

Article 3(Types of elevators) #

Article 4(Elevator business operators) #

Article 4-2(Formulation of master plan and action plan for elevator safety management) #

Article 5(Composition and operation of Elevator Safety Committee) #

Article 6(Exclusion of, challenge to, or recusal of, members of committee) #

Article 7(Dismissal of members of committee) #

Article 8(Types of manufacturing business or import business) #

Article 9(Elevator parts subject to registration of manufacturing business or import business) #

Article 10(Standards for registration of manufacturing business or import business) #

Article 11(Period for providing elevator maintenance parts) #

Article 12(Methods for technical guidance and education for maintenance business operators) #

Article 13(Disclosure of data regarding recommended replacement cycle and prices of elevator parts) #

Article 14(Orders for performance issued to manufacturers or importers) #

Article 15(Penalty surcharges imposed on manufacturers or importers in lieu of business suspension) #

Article 16(Elevator parts subject to safety certification) #

Article 17(Details of safety certification of parts) #

Article 18(Exemption from safety certification of parts) #

Article 19(Regular evaluations of elevator safety parts) #

Article 20(Details of safety certification of elevators) #

Article 21(Exemption from safety certification of elevators) #

Article 22(Regular evaluations of elevators) #

Article 23(Standards for designation of designated certification agencies) #

Article 24(Penalty surcharges imposed on designated certification agencies in lieu of business suspension) #

Article 25(Orders for improvement, destruction, collection, or suspension of sale) #

Article 26(Orders for performance issued to manufacturers or importers) #

Article 27(Types of insurance) #

Article 28(Qualifications of persons eligible for self-examinations) #

Article 29(Self-examinations of elevators) #

Article 30(Adjustment of cycle of self-examinations) #

Article 31(Standards for designation of designated inspection agencies) #

Article 32(Penalty surcharges imposed on designated inspection agencies in lieu of business suspension) #

Article 33(Standards for registration of elevator maintenance business) #

Article 34(Percentage of subcontracts for maintenance work) #

Article 35(Penalty surcharges imposed on maintenance business operators in lieu of business suspension) #

Article 36(Matters to be observed by elevator users) #

Article 37(Serious accidents and serious breakdowns) #

Article 38(Additional investigations of serious accidents) #

Article 39(Composition of Elevator Accident Investigation Committee) #

Article 40(Operation of Accident Investigation Committee) #

Article 41(Exclusion of, challenge to, or recusal or dismissal of, members of Accident Investigation Committee) #

Article 42(Orders to suspend operation of elevators) #

Article 43(Technicians subject to reporting on careers) #

Article 44(Affairs subject to reporting on careers) #

Article 45(Standards for designation of educational institutions) #

Article 46(Grounds for revoking designation of educational institutions) #

Article 47(Government subsidies) #

Article 48(Disposal of important property) #

Article 49(Submission of business plans) #

Article 50(Handling of surplus) #

Article 51(Standards for human resources and facilities) #

Article 52(Guidance on subcontracts or joint contracts) #

Article 53(Registration of partners) #

Article 54(Matters to be observed in cooperative relationship) #

Article 55(Termination of registration of partners) #

Article 56 #

Article 57 #

Article 58 #

Article 59(Entering results of certification or inspections) #

Article 60(Issuance and affixing of signs with elevator numbers) #

Article 61(Methods of submission of materials) #

Article 62(Range of fees prescribed by ordinance of City/Do) #

Article 63(Delegation of authority) #

Article 64(Entrustment of business affairs) #

Article 65(Processing of sensitive information and personally identifiable information) #

Article 66(Re-examination of regulation) #

Article 67(Criteria for imposition of administrative fines) #