Article 5(Permission for manufacturing business) #
(1) A person who intends to engage in the business of manufacturing in vitro diagnostic medical devices shall obtain manufacturing business permission from the Minister of Food and Drug Safety. In such cases, a person who has obtained manufacturing business permission (hereinafter referred to as "manufacturer") shall be deemed a person who has obtained manufacturing business permission under the main clause, with the exception of the subparagraphs, of Article 6 (1) of the Medical Devices Act only for in vitro diagnostic medical devices.
(2) Notwithstanding paragraph (1), none of the following persons shall obtain manufacturing business permission: <Amended on Oct. 22, 2024>
1. A mental patient under subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients; provided, the same shall not apply where a medical specialist deems that a person is suitable to be a manufacturer;
2. A person under adult guardianship or under limited guardianship or a person declared bankrupt but not yet reinstated;
3. A person who is addicted to narcotic drugs, marijuana, or psychotropic drugs;
4. A person who has been sentenced to imprisonment without labor or heavier punishment for violating this Act or the Medical Devices Act and for whom the execution of such sentence has not been completed (including where the execution of such sentence is deemed completed) or exempted;
4-2. A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court for violating this Act or the Medical Devices Act;
5. A person in whose case 1 year has not passed since his or her manufacturing business permission was revoked for violating this Act or the Medical Devices Act (excluding where manufacturing business permission was revoked for reasons prescribed in any of subparagraphs 1 through 3).
(3) A manufacturer shall obtain manufacturing permission or manufacturing certification or file a manufacturing notification according to the following classification with respect to in vitro diagnostic medical devices that he or she intends to manufacture. In such cases, a person who has obtained manufacturing permission or manufacturing certification or has filed a manufacturing notification shall be deemed a person who has obtained manufacturing permission or manufacturing certification or has filed a manufacturing notification under Article 6 (2) of the Medical Devices Act:
1. In vitro diagnostic medical devices determined and publicly notified by the Minister of Food and Drug Safety as unlikely to pose any risk to individual life or health or public health even upon occurrence of a failure or malfunction of such devices because of little potential risk to individuals and public health: Manufacturing permission, manufacturing certification, or a manufacturing notification, by item category;
2. In vitro diagnostic medical devices except for those prescribed in subparagraph 1: Manufacturing permission, manufacturing certification, or a manufacturing notification, by item.
(4) When applying for a manufacturing business permission under the former part of paragraph (1), the applicant shall concurrently apply for at least 1 manufacturing permission or manufacturing certification, or file at least 1 manufacturing notification.
(5) A person who intends to obtain manufacturing business permission under paragraph (1) or a person who intends to obtain manufacturing permission or manufacturing certification or to file a manufacturing notification under paragraph (3) shall be equipped with necessary facilities and manufacturing and quality management systems before filing an application for such permission or certification or filing such notification, as prescribed by Prime Ministerial Decree; provided, the same shall not apply to cases prescribed by Prime Ministerial Decree such as entrusting testing for quality management or manufacturing processes.
(6) A manufacturer shall submit necessary data, such as data on manufacturing and quality management systems, technical documents, and clinical performance study data, to the Minister of Food and Drug Safety, as prescribed by Prime Ministerial Decree, if he or she intends to obtain manufacturing permission or manufacturing certification or to file a manufacturing notification under paragraph (3).
(7) If permission for manufacturing and distribution of items, manufacturing permission, or manufacturing certification has already been granted or a notification of manufacturing and distribution of items or a manufacturing notification is filed under Article 31 (2) and (4) of the Pharmaceutical Affairs Act or Article 6 (2) of the Medical Devices Act for in vitro diagnostic medical devices compounded with, or in combination of, drugs or quasi drugs under the Pharmaceutical Affairs Act or medical devices other than in vitro diagnostic medical devices, because their main functions are equivalent to those of drugs or quasi drugs under the Pharmaceutical Affairs Act or medical devices other than in vitro diagnostic medical devices, manufacturing permission or manufacturing certification shall be deemed granted or a manufacturing notification shall be deemed filed under paragraph (3).
(8) A person who intends to obtain manufacturing business permission under paragraph (1) shall employ a quality manager to have him or her perform the affairs under Article 6-2 (1) of the Medical Devices Act, as prescribed by Prime Ministerial Decree.
(9) The Minister of Food and Drug Safety shall notify an applicant of whether manufacturing business permission is granted within 25 days from the date of receiving the application for manufacturing business permission under the former part of paragraph (1).
(10) If the Minister of Food and Drug Safety fails to notify an applicant of whether to grant him or her manufacturing business permission or the extension of a period for handling the relevant application under statutes or regulations related to handling civil petitions within the period determined under paragraph (9), such permission shall be deemed granted on the day following the date such period (referring to the extended or re-extended period, where the period is extended or re-extended under statutes or regulations related to handling civil petitions) ends.
(11) Items subject to, and procedures and standards for, manufacturing business permission under the former part of paragraph (1) and manufacturing permission, manufacturing certification, or a manufacturing notification under paragraph (3) and other necessary matters shall be prescribed by Prime Ministerial Decree.