Article 1(Purpose) #
The purpose of this Decree is to provide for the matters delegated by the Quality Control and Safety Management of Industrial Products Act and those necessary for the implementation thereof.
[This Article Wholly Amended by Presidential Decree No. 23663, Mar. 13, 2012]
Article 2(Fact-Finding Survey of Quality Control) #
(1) Where the Minister of Knowledge Economy deems it necessary to establish a comprehensive policy on quality control under Article 3 of the Quality Control and Safety Management of Industrial Products Act (hereinafter referred to as the "Act"), he/she may conduct a survey on the current status of quality control of the relevant corporations, public institutions, organizations, etc. (hereinafter referred to as "corporations, etc."), or request them to present data or opinions. <Amended by Presidential Decree No. 24442 Mar. 23, 2013>
(2) When the Minister of Knowledge Economy intends to conduct a survey on the current status under paragraph (1), he/she shall notify in advance the corporations, etc. of matters to be surveyed, a survey schedule, etc. at least seven days before conducting a survey. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23663, Mar. 13, 2012]
Article 3(Designation of Central Headquarters for Quality Control Promotion) #
"A corporation, etc. as prescribed by the Presidential Decree" in Article 4 (1) of the Act refers to a corporation, public institution, or organization prescribed in the following subparagraphs:
1. Korea Standards Association under Article 32 of the Industrial Standardization Act;
2. A corporation, public institution, or organization which is established mainly for the purpose of disseminating and promoting quality control and which meets all the following requirements:
(a) It shall have research achievements or business experience in the business activities prescribed in the subparagraphs of Article 4 (2) of the Act;
(b) It shall have not less than 3 persons who have at least 3 years of career experience in the business activities prescribed in the subparagraphs of Article 4 (2).
[This Article Wholly Amended by Presidential Decree No. 23663, Mar. 13, 2012]
Article 4(Designation of Supporting Institution for Quality Control) #
"Corporation, etc. prescribed by Presidential Decree," in Article 5 (1) of the Act refers to a corporation, public institution, or organization specified in the following subparagraphs:
1. Korea Chamber of Commerce and Industry under the Chambers of Commerce and Industry Act;
2. Korea Productivity Center under Article 32 of the Industrial Development Act;
3. A corporation, public institution, or organization that meets all the following requirements with respect to disseminating and promoting quality control:
(a) It shall have research achievements or business experience in the business activities prescribed in Article 5 (2) of the Act;
(b) It shall have not less than 3 persons who have at least 3 years of career experience in the business activities set forth in the subparagraphs of Article 5 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 23663, Mar. 13, 2012]
Article 5(Awards, etc.) #
(1) The eligibility for and kinds of awards under Article 6 of the Act shall be as follows:
1. The following prizes to exemplary corporations in quality control:
(a) Korea quality grand prize;
(b) Quality control prize;
(c) Prizes awarded for innovation in manufacturing, facility management, customer satisfaction, and promotion of quality control in other areas;
2. Prizes awarded to exemplary corporations in terms of service quality, including after-sale product service, public service, and distribution service;
3. Gold, silver, and bronze prizes awarded to small groups in production sites for exemplary achievements in quality improvement;
4. Title of quality master craftsman conferred upon individuals who have exhibited exemplary achievements in quality improvement.
(2) The Minister of Knowledge Economy shall determine the matters concerning methods and procedures for selecting awardees, criteria for the awards under paragraph (1), and shall notify them publicly by the end of March of each year. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) The Minister of Knowledge Economy may grant the following support to the persons nominated as awardees under paragraph (1): <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Support for expenses of quality control training, at home or abroad, an executive officer, employee or quality master craftsman within such a company or small group therein (This shall be limited to the cases where the awardee is a small or medium company, or a small group, or individual within such small or medium company);
2. Support for expenses of selecting and educating such person as a quality control instructor.
[This Article Wholly Amended by Presidential Decree No. 23663, Mar. 13, 2012]
Article 6 #
Deleted. <by Presidential Decree No. 22651, Jan. 28, 2011>
Article 7 #
Deleted. <by Presidential Decree No. 22651, Jan. 28, 2011>
Article 8 #
Deleted. <by Presidential Decree No. 22651, Jan. 28, 2011>
Article 9 #
Deleted. <by Presidential Decree No. 22651, Jan. 28, 2011>
Article 10(Matters Subject to Deliberation by Committee for Deliberation on Safety of Industrial Products) #
"Matters prescribed by the Presidential Decree" in Article 11 (1) 4 of the Act refers to the matters concerning the designation of a safety-certification institution under Article 12 (1) of the Act and the revocation thereof under Article 13 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 23663, Mar. 13, 2012]
Article 11(Committee Meetings and Operations) #
(1) The Chairperson of the Committee for Deliberation on Safety of Industrial Products (hereinafter referred to as the “Committee”) shall represent the Committee, and shall have general supervision over its affairs.
(2) When the Chairperson is unable to perform his/her duties for any unavoidable reason, a Committee member designated in advance by the Chairperson shall act on his/her behalf.
(3) The Chairperson shall convene and preside over Committee meetings.
(4) A majority of the members of Committee meeting shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(5) Allowances and travel expenses may be paid to the Committee members present at Committee meetings within the Committee budgetary limits: Provided, That the foregoing shall not apply to the members who are public officials attending in direct connection with their assigned duties.
(6) The Committee meeting may, upon the Committee Chairperson’s consent, proceed by means of remote communication through which the members can attend the meeting in separate locations equipped with devices for transmitting and receiving video images and voice signals. In such case, all such members, etc. shall be deemed to be present at the same meeting location.
(7) Deleted. <by Presidential Decree No. 23928, Jul. 4, 2012>
[This Article Wholly Amended by Presidential Decree No. 23663, Mar. 13, 2012]
Article 11-2(Exclusion, Evasion of and Challenge to Committee Member) #
(1) In any of the following cases, any member of the Committee (hereinafter referred to as a “member”) who falls under any of the following shall be excluded from deliberations and decisions on the resolution at a Committee meeting.
1. When a member, or his/her spouse or ex-spouse is a party concerned with an agenda, or a joint right or duty holder with the person concerned: Provided, That the party concerned, which is a corporation, organization, etc, includes its executive officers. The same shall apply to Subparagraphs 1 and 2;
2. When a member is or was a relative of the party concerned;
3. When a member provided any testimony, statement, advice, research, service or appraisal concerning the agenda;
4. When a member, or a corporation, organization, etc., which the Member belongs to, is or was an agent of the party concerned;
5. When a member has worked as an executive officer at a corporation which is a party concerned with the agenda.
(2) If the circumstances indicate that it would be difficult to expect fair deliberations or decisions of a member, any party concerned with the agenda may file a request for a challenge to the member with the Committee, and the Committee shall decide by a resolution: Provided, That the member shall not participate in the resolution.
(3) Where a member who falls under any of the reasons for exclusion under the subparagraphs of paragraph (1), he/she shall recuse himself/herself from the deliberation and resolution of the agenda.
[This Article Newly Inserted by Presidential Decree No. 23928, Jul. 4, 2012]
Article 11-3(Detailed Operational Regulations) #
The Chairperson of the Committee shall decide on the matters necessary for the operation etc. of the Committee in addition to those under Articles 11 and 11-2 of the Act, by a resolution at the Committee.
[This Article Newly Inserted by Presidential Decree No. No. 23928, Jul. 4, 2012]
Article 12(Criteria for Designating Safety-Certification Institutions) #
The criteria for designating safety-certification institutions under Article 12 (2) of the Act shall be as prescribed in the attached Table 1.
Article 13 #
Deleted. <by Presidential Decree No. 22651, Jan. 28, 2011>
Article 14 #
Deleted. <by Presidential Decree No. 22651, Jan. 28, 2011>
Article 15 #
Deleted. <by Presidential Decree No. 22651, Jan. 28, 2011>
Article 16 #
Deleted. <by Presidential Decree No. 22651, Jan. 28, 2011>
Article 17(Order, etc. of Discontinuance of Sale, Improvement, Collection, or Destruction) #
(1) The Mayor/Do Governor shall issue an order of discontinuance of sale, improvement, collection, or destruction of industrial products subject to safety control under Article 31 (1) through (4) of the Act as follows:
1. Where a violation corresponds to any of the followings, an order shall be issued of discontinuance of sale or improvement within a prescribed period not exceeding 1 month; where sale has continued or improvement has not been made within the prescribed period, an order shall be issued of collection or destruction within a prescribed period not exceeding 2 months:
(a) A violation under Article 31 (1) 1 or 2 of the Act;
(b) A violation under Article 31 (2) 1 or 2 of the Act;
(c) A violation under Article 31 (3) 1 of the Act;
(d) A violation under any of Article 31 (4) 1 through 3 of the Act;
2. Where a violation corresponds to any of the followings, an improvement order shall be issued within a prescribed period not exceeding 1 month:
(a) A violation under Article 31 (1) 3 of the Act;
(b) A violation under Article 31 (2) 3 of the Act;
(c) A violation under Article 31 (3) 2 of the Act;
3. Where a violation corresponds to any of the followings, an order of collection or destruction shall be issued within a prescribed period not exceeding 2 months:
(a) A violation under any of Article 31 (1) 4 through 7;
(b) A violation under any of Article 31 (2) 4 through 7;
(c) A violation under any of Article 31 (3) 3 through 5;
(d) A violation under any of Article 31 (4) 4 through 6.
(2) An order of discontinuance of sale, improvement, collection, or destruction under Paragraph (1) shall be issued in document that contains the following descriptions:
1. Product name, trademark, type, grade, and title of the relevant industrial product;
2. Item number or manufacturing date of the relevant industrial product (or date imported, if it is an imported product without manufacturing date noted thereon);
Article 18(Data Submission and Report) #
(1) Matters that the Minister of Knowledge Economy or a Mayor/ Do Governor may require a domestic or foreign manufacturer, an importer, or distributor of an industrial product to submit as data or a report pursuant to Article 32 (1) of the Act shall be as specified in attached Table 2. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) Matters necessary for procedures and methods for submitting data and reports shall be prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23663, Mar. 13, 2012]
Article 19(Delegation and Entrustment of Authority) #
(1) The Minister of Trade, Industry and Energy shall delegate the authority over the following matters to the Administrator of the Korean Agency for Technology and Standards pursuant to Article 36 (1) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24955, Dec. 11, 2013>
1. To select, award, and grant support to exemplary companies in service quality under Article 6 of the Act;
2. To designate an accrediting institution for quality control systems under Article 7 (1) of the Act;
3. Receiving the report on the certification status of quality control systems under Article 7 (3) of the Act;
4. To receive the report on the operating rules of accrediting institutions and the operating status of accreditation affairs under Article 7 (5) of the Act;
5. To issue a corrective order to a certification institution under Article 7 (6) of the Act;
6. To perform the projects to improve the reliability of the certification of quality control systems certification under Article 7 (2) 1 of the Act;
7. To ask for submitting data on the relevant certification institutions, enterprises, etc. under Article 7 (2) 2 of the Act;
8. To request tightening control over a certification institution and taking corrective measures under Article 7 (2) 3 of the Act;
9. To designate a management agency under Article 7 (3) 1 of the Act;
10. To receive the report on the implementation plan and current status under Article 7 (3) 2 of the Act;
11. To refer a matter to the Committee for deliberation under Article 11 (1) 3 of the Act;
12. To commission the members of the Committee under Article 11 (2) 3 of the Act;
13. To designate the safety-certification institutions under Article 12 (1) of the Act;
14. To grant support to safety-certification institutions under Article 12 (3) of the Act;
15. To revoke the designation of a safety-certification institution or to suspend its affairs under Article 13 (1) of the Act;
16. To make a public notification of the safety standards for product testing and inspection and the standards for factory inspections under Article 14 (3) of the Act;
Article 19-2(Re-Examination of Regulation) #
The Minister of Industry, Trade and Energy shall examine the appropriateness of the standards for imposition of administrative fines specified in Article 20 and attached Table 3 every two years, counting from January 1, 2015 (referring to the period that ends on the day before January 1 of every second year) and shall take measures, such as making improvements.
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
Article 20(Standards for Imposition of Administrative Fines) #
Standards for imposing administrative fines under Article 41 (1) and (2) of the Act shall be prescribed in attached Table 3.
[This Article Wholly Amended by Presidential Decree No. 23663, Mar. 13, 2012]