Article 38(Delegation of authority) #
(1) The Minister of Climate, Energy and Environment shall delegate the following authority to the president of the National Institute of Chemical Safety pursuant to Article 54(1) of the Act: <Amended on Dec. 29, 2020; Apr. 2, 2024; Oct. 1, 2025>
1. Receipt of approval, approval for changes, and a report on changes of daily use consumer chemical products subject to safety verification under Article 10(6) and the main clause of Article (7) of the Act and the proviso of the same paragraph;
1-2. Disclosure of information under Article 10-2 of the Act (limited to the information on daily use consumer chemical products subject to safety verification, which are approved pursuant to Article 10(6) of the Act);
1-3. Public notice of active substances referred to in the proviso of Article 12(1) of the Act;
1-4. Public notice of details of the standards for approval of active substances under Article 12(2) of the Act;
2. Approval of substances under Articles 13 and 14 of the Act;
3. Receipt of applications for approval for changes and granting approval for changes under the main clause of Article 15 of the Act and receipt of reports on changes under the proviso of the same Article;
4. Recognition of technical equivalence under Article 16 of the Act;
5. Revocation of approval, etc. of substances or of recognition of technical equivalence under Article 17 of the Act;
6. Receipt of reports on existing active substances eligible for approval deferment under Article 18(2) of the Act;
6-2. Designation and public notice of existing active substances eligible for approval deferment under Article 18(3) of the Act;
7. Receipt of plans for applying for approval of substances under Article 19(1) of the Act, cancellation of designation of existing active substances eligible for approval deferment under paragraph (3) of the same Article, and confirmation of separate submission under the proviso of paragraph (4) of the same Article;
7-2. Public notice of the details of the standards for approval of a product under Article 20(2) of the Act;
8. Approval of products under Articles 21 and 22 of the Act;
9. Receipt of applications for approval for changes and granting approval for changes under the main clause of Article 23 of the Act and receipt of reports on changes under the proviso of the same Article;
10. Approval of products under Article 24 of the Act;
11. Recognition of product similarity under Article 25 of the Act;
12. Revocation of approval, etc. of products or recognition of product similarity under Article 26 of the Act;
13. Disclosure of information on active substances and biocidal products under Article 29 of the Act;
14. Protection and disclosure of data under Article 31 of the Act;
15. Receipt of requests for verifying whether vertebrate animal test data exists, giving notice of the results of verification, confirmation as to whether owners of vertebrate animal test data give consent to their use, and issuing orders to submit vertebrate animal test data under Article 33 of the Act;
16. Designation of testing and inspection institutions, designation modifications, and evaluation of testing and inspection institutions under Article 41 of the Act;
17. Issuance of orders requiring testing and inspection institutions to suspend business or revocation of designation of such institutions under Article 43 of the Act;
18. Entry, inspection, collection, etc. (limited to the same to exercise the authority delegated to the president of the National Institute of Chemical Safety) under Article 50 of the Act;
18-2. Receipt of notification of succession to the rights and obligations regarding approval of daily use consumer chemical products subject to safety verification, approval, etc. of a substance, or approval, etc. of a product under Article 51(2) of the Act;
19. Hearings under subparagraphs 1, 2 and 4 of Article 53 of the Act;
19-2. Receipt of reports on appointment or dismissal under Article 54-2(2) of the Act;
19-3. Imposition and collection of administrative fines under Article 60(1)3, 4, 8, and 10 of the Act;
20. Public notice of the testing and inspection standards and guidelines under Article 5(2);
21. Public notice of the standards and methods for granting approval under Article 6(4);
22. Public notice of the guidelines for testing and evaluation under Articles 10(3), 13(3), and 18(3);
22-2. Public notice of the criteria for recognition of technical equivalence under Article 13(4)3;
22-3. Public notice of the criteria for recognition of product similarity under Article 22(2)3;
23. Granting of extensions of the data protection period under the proviso of Article 25(1);
24. Public notice of the detailed standards for designation of testing and inspection institutions, and the procedures, methods, etc. for designation, designation modification, and re-designation thereof under Articles 33(3) and 34(6).
(2) The Minister of Climate, Energy and Environment shall delegate the following authority to the heads of river basin environmental offices or the heads of regional environmental offices, pursuant to Article 54(1) of the Act: <Amended on Dec. 29, 2020; Oct. 1, 2025>
1. Issuance of orders banning the manufacture or import of daily use consumer chemical products subject to safety verification under Articles 8(4) and 11(1) of the Act;
2. Issuance of orders suspending the manufacture or import of active substances under Article 17 of the Act;
3. Issuance of orders banning the manufacture or import of existing active substances eligible for approval deferment under Article 19(2) of the Act;
4. Issuance of orders suspending the manufacture or import of biocidal products under Article 26 of the Act;
5. Receipt of reports on new risks and recommendation on measures under Article 36 of the Act;
5-2. Issuance of corrective orders under Article 36-2(2) of the Act;
6. Issuance of orders to take measures, such as recall or destruction, receipt of reports on results, and taking measures, such as recall or destruction under Article 37 of the Act;
7. Imposition and collection of penalty surcharges and disposition on overdue penalty surcharges under Articles 38 and 39 of the Act;
8. Receipt of reports under Article 49(2) of the Act;
9. Entry, inspection, collection, etc. (limited to the same to exercise the authority delegated to the heads of river basin environmental offices or the heads of regional environmental offices) under Article 50 of the Act;
10. Hearings under subparagraph 3 of Article 53 of the Act;
11. Imposition and collection of administrative fines under Article 60(1)1, 2, 5, 6, 7, 9, 11, and 12 of the Act.