Article 43(Administrative fines) #
(1) A person who fails to submit data referred to in Article 14(1) or to provide information referred to in Article 27 without any extraordinary ground although he or she has been requested to submit such data or provide such information, shall be subject to an administrative fine not exceeding 20 million won.
(2) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won:
1. A person who fails to submit data or to report under Article 7(1), or submits false data or makes a false report;
2. A person who refuses, interferes with, or evades any recall, inspection, or inquiries referred to in Article 7(1);
3. A person who refuses, interferes with, or evades any regular inspection or irregular inspection referred to in Article 17(6);
4. A person who sells any children’s product subject to safety certification without a safety certification mark; or imports, displays, or keeps such product for sale, in violation of Article 20(1);
5. A person who sells any children’s product subject to safety verification without a safety verification mark; or imports, displays, or keeps such product for sale, in violation of Article 24(1);
6. A person who sells any children’s product subject to the supplier’s declaration of conformity without a mark of supplier’s declaration of conformity; or imports, displays, or keeps such product for sale, in violation of Article 25(7);
7. A person designated as a safety-friendly enterprise under Article 32(1) by fraud or other improper means;
8. A person who places a safety-friendly enterprise logo or uses it for advertisements, although the designation of the relevant safety-friendly enterprise has been suspended and the period of suspension of the designation is still valid, or although the designation of such enterprise has been revoked, pursuant to Article 32(4);
9. A person who fails to comply with an order for suspension of sale, etc. referred to in Article 34(1) through (3);
10. A person who refuses or interferes with the recall or destroying referred to in the main part of Article 34(4);
11. A person who fails to comply with an order to publish the relevant harm or an order for exchange, refund, repair, etc. of the relevant children’s product referred to in Article 34(5).
(3) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Feb. 3, 2022>
1. A person who fails to report the results, etc. of measures taken in compliance with a recommendation for recall of the relevant children’s product referred to in Article 9(3); or fails to report the results, etc. of measures taken in compliance with an order for recall of the relevant children’s product referred to in Article 10(2);
2. A person who fails to report the name, trademark and model name of the relevant children’s product, the details of the relevant accident, the quantities, etc. of such product manufactured, imported, or sold, in violation of Article 12(1);
3. A person who fails to report measures taken, including voluntary recall, in violation of Article 12(2);
4. A person who refuses to comply with a request for supplementation made by the Minister of Trade, Industry and Energy, without good cause, in violation of Article 12(3);
5. A person who fails to report the relevant matters after taking measures, including voluntary recall in violation of Article 12(4);
6. A business entity who fails to report that he or she has taken the relevant measure in a foreign country or that another foreign business entity has taken such measure, in violation of Article 12(5);
7. A person who fails to file an application to amend safety certification under Article 17(2);
8. A person who fails to prepare and keep records of safety certification, or prepares and keeps false records thereof, in violation of Article 17(5);
9. A person who fails to conduct self-inspections for children’s products subject to safety certification, which have been manufactured after obtaining safety certification, in violation of Article 17(7);
10. A person who fails to prepare and keep documents on children’s products subject to safety certification, or prepares and keeps false documents, in violation of Article 17(8);
11. A person who fails to place a safety certification mark, on any safety-certified children’s product subject to safety certification, in violation of the main clause of Article 19(1);
12. A person who fails to place a caution or warning about effects of any children’s product subject to safety certification on children's safety or health, in addition to the safety certification mark referred to in Article 19(1), in violation of Article 19(5);
13. A person who uses, for business, any children’s product subject to safety certification without a safety certification mark, in violation of Article 20(2);
14. A person who fails to report amendment of safety verification, in violation of Article 22(1);
15. A person who fails to retain a document verifying that the relevant product conforms to the safety standards for children’s products subject to safety verification, in violation of Article 22(6);
16. A laboratory that fails to prepare and keep records of safety verification, in violation of Article 22(12);
17. A person who fails to place a safety verification mark, on any children’s product subject to safety verification reported, in violation of the main clause of Article 23(1);
18. A person who fails to place a caution or warning about effects of the relevant children’s product subject to safety verification on children's safety or health, in addition to the safety verification mark referred to in Article 23(1), in violation of Article 23(5);
19. A person who uses, for business, any children’s product subject to safety verification without a safety verification mark, in violation of Article 24(2);
20. A person who fails to place a mark of supplier’s declaration of conformity, on any children’s product subject to the supplier’s declaration of conformity, in violation of Article 25(1);
21. A person who fails to place, on the relevant children’s product subject to the supplier’s declaration of conformity, a caution or warning about its effects on children's safety or health, in addition to the mark of supplier’s declaration of conformity referred to in Article 25(1), in violation of Article 25(5);
22. A person who fails to retain a document verifying that the relevant product conforms to the safety standards for children’s products subject to the supplier’s declaration of conformity, in violation of Article 25(6);
23. A person who commercially uses any children’s product subject to the supplier’s declaration of conformity without a mark of supplier’s declaration of conformity, in violation of Article 25(8);
24. A person who sells the relevant children’s product subject to safety control, to any child failing to meet the standards for age of children eligible to use such product, in violation of Article 29;
25. A person who brokers the sale of any product without any mark, etc. for safety certification, safety verification, or supplier’s declaration of conformity; or acts as an agent for purchasing or importing such product, in violation of Article 30.
(4) Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Trade, Industry and Resources or the competent Mayor/Do Governor, as prescribed by Decree of the Ministry of Trade, Industry and Resources. <Amended on Oct. 1, 2025>