Article 15(Order to Improve, Destroy, or Recall Products Subject to Safety Control or to Suspend Selling Such Products) #
(1) Pursuant to Article 40 (1) of the Act, a Mayor/Do Governor may issue an order, in any of the following cases, to a 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 of the Act; hereafter the same shall apply in this Article), sales broker, buying agent, or import agent (hereinafter referred to as "manufacturer or any other specified person") of products subject to safety certification to improve, destroy, or recall the relevant products subject to safety certification or to suspend selling such products (hereinafter referred to as "to suspend selling or to take other measures"): <Amended on Jun. 26, 2018; Oct. 18, 2023>
1. In cases falling under any subparagraph of Article 40 (1) 1, 2, 4, 6, or 8 through 10 of the Act: The Mayor/Do Governor may issue an order to suspend selling and to recall or destroy the products within a specified period not exceeding two months;
2. In cases falling under any of Article 40 (1) 3, 5, or 7 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the products within a specified period not exceeding one month but may issue an order to recall or destroy the products within a specified period not exceeding two months, if the person so ordered fails to suspend selling or fails to comply with the order to improve the products.
(2) Pursuant to Article 40 (2) of the Act, a Mayor/Do Governor may issue an order to suspend selling or to take other measures, in any of the following cases, to a manufacturer or any other specified person regarding products subject to safety verification: <Amended on Jun. 26, 2018>
1. In cases falling under any of Article 40 (2) 1, 2, 4, 6, or 8 through 10 of the Act: The Mayor/Do Governor may issue an order to suspend selling and to recall or destroy the products within a specified period not exceeding two months;
2. In cases falling under any of Article 32 (2) 3, 5, or 7 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the products within a specified period not exceeding one month but may issue an order to recall or destroy the products within a specified period not exceeding two months, if the person so ordered fails to suspend selling or fails to comply with the order to improve the products.
(3) Pursuant to Article 40 (3) of the Act, in any of the following cases a Mayor/Do Governor may order a manufacturer, an importer, a distributor, a rental business operator, a commercial user, a sales broker or an import agent to suspend sales of any product subject to the supplier's declaration of conformity or to take other required measures for such product: <Amended on Jun. 26, 2018>
1. In cases falling under any subparagraph of Article 40 (3) 1, 4, or 6 through 8 of the Act: The Mayor/Do Governor may issue an order to suspend selling and to recall or destroy the products within a specified period not exceeding two months;
2. In cases falling under any subparagraph of Article 40 (3) 2, 3, or 5 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the products within a specified period not exceeding one month but may issue an order to recall or destroy the products within a specified period not exceeding two months, if the person so ordered fails to suspend selling or fails to comply with the order to improve the products.
(4) Pursuant to Article 40 (4) of the Act, in any of the following cases a Mayor/Do Governor may order a manufacturer, an importer, a distributor, a rental business operator, a commercial user, a sales broker or an import agent to suspend sales of any product subject to compliance with safety standards or to take other required measures for such product: <Newly Inserted by Presidential Decree No. 29000, Jun. 26, 2018>
1. In cases falling under Article 40 (4) 1 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the product within a specified period not exceeding one month and may additionally issue an order to recall or destroy the product within a specified period not exceeding two months, if the person initially ordered to suspend sales and to improve the product does not comply with such order;
2. In cases falling under any subparagraph of Article 40 (4) 2 through 4 of the Act: The Mayor/Do Governor may issue an order to suspend selling or improve the products within a specified period not exceeding one month and may additionally issue an order to suspend selling, if the person initially ordered to improve the product does not comply with the order.
(5) Pursuant to Article 40 (5) of the Act, a Mayor/Do Governor may issue an order to suspend selling or to take other measures, in any of the following cases, to a manufacturer or any other specified person with regard to consumer products subject to child protective packaging: <Amended on Jun. 26, 2018>
1. In cases falling under any subparagraph of Article 40 (5) 1, 2, 5, or 6 of the Act: The Mayor/Do Governor may issue an order to suspend selling and to recall or destroy the products within a specified period not exceeding two months;
2. In cases falling under Article 40 (5) 3 or 4 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the products within a specified period not exceeding one month but may issue an order to recall or destroy the products within a specified period not exceeding two months, if the person so ordered fails to suspend selling or fails to comply with the order to improve the products.
(6) A Mayor/Do Governor may order a manufacturer, seller, rental business operator, commercial user, sales broker, etc. of electrical appliances subject to safety inspection to suspend sales, etc. pursuant to Article 40 (6) of the Act as follows: <Newly Inserted on Oct. 18, 2023>
1. In cases falling under any subparagraph of Article 40 (6) 1, 4, or 6 through 9 of the Act: The Mayor/Do Governor may issue an order to suspend selling and to recall or destroy the products within a specified period not exceeding two months;
2. In cases falling under any subparagraph of Article 40 (6) 2, 3, or 5 of the Act: The Mayor/Do Governor may issue an order to suspend selling and improve the products within a specified period not exceeding one month but may issue an order to recall or destroy the products within a specified period not exceeding two months, if the person so ordered fails to suspend selling or fails to comply with the order to improve the products.
(7) An order to suspend selling of products or to take other measures under paragraphs (1) through (6) shall be issued in writing, including the following matters: <Amended on Jun. 26, 2018; Oct. 18, 2023>
1. The company name of the person obliged to comply with the order and the name of its representative;
2. Grounds for and details of the order;
3. Period of performance;
4. The manufacturer's name, product name, model name, and other information with which the products at issue can be identified;
5. Other matters the Mayor/Do Governor deems necessary for suspending selling the relevant products or taking other measures.
(8) When a Mayor/Do Governor instructs public officials of the local government to destroy or recall a product subject to safety control by themselves under Article 40 (7) of the Act, he/she shall request the manufacturer of the relevant product or any other specified person to be present at the scene to observe the process of destruction or recall: Provided, That a Mayor/Do Governor need not request the manufacturer of the relevant product or any other specified person to be present at the scene, if such person fails to comply with such request or if such person's whereabout is unknown. <Amended on Jun. 26, 2018; Oct. 18, 2023>
(9) When a Mayor/Do Governor intends to issue an order under Article 40 (9) of the Act, he/she shall issue a written order, stating the following matters: <Amended on Jun. 26, 2018; Oct. 18, 2023>
1. Matters specified in paragraph (7) 1 through 5;
2. The method for disclosing the fact that an order to suspend selling or to take other measures is issued (limited to cases falling under Article 40 (9) 1 of the Act);
3. Other matters that the Mayor/Do Governor deems necessary for disclosing hazards of the relevant products, exchanging products, making a refund, repairing products, or preventing hazards.
(10) Upon receipt of an order under paragraph (9), a person shall submit a performance plan to the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy; and shall report the results of his/her performance to the Mayor/Do Governor, following such performance. <Amended on Jun. 26, 2018; Oct. 18, 2023>
(11) In order to disclose relevant facts to the public under Article 40 (9) 1 of the Act or to issue an order to exchange products, refund the price, repair products, or take other measures, a Mayor/Do Governor may request a national or public testing agency, safety certification body, a testing lab for safety verification, or a safety inspection institution to test the hazardousness of the relevant products. <Amended on Jun. 26, 2018; Oct. 18, 2023>