Electrical Appliances Safety Control Act


Published: 2009-05-21

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to provide for matters relating to the safety control in the course of manufacturing, assembling, processing, selling, lending or using an electrical appliance(s) to prevent any occurrence of hazards and/or functional disorders, such as fire and electric shock.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9535, Mar. 25, 2009>
1. The term "electrical appliance" means a component of the electric installations under the Electric Utility Act, or equipment, appliances, materials or their components and attachments which are connected to the electric installations for use;
2. The term "safety certification" means the act of certifying the safety of electrical appliance(s) produced, assembled or processed (hereinafter referred to as "manufacture") for the purpose of selling and/or lending by conducting tests for the electrical appliance(s) (hereinafter referred to as "product testing") and evaluating the production facilities, product testing equipment, technical capabilities, and manufacturing system related thereto (hereinafter referred to as "factory inspection");
3. The term "electrical appliance(s) subject to the safety certification" means an electrical appliance(s) which is/are feared to cause hazards and/or functional disorders, such as fire and electric shock due to its/ their structures and methods of use and which are prescribed by Ordinance of the Ministry of Knowledge Economy;
4. The term "electrical appliance(s) subject to the self-regulatory safety confirmation" means an electrical appliance(s) which are considered to prevent hazards and/or functional disorders by means of safety confirmation through product testing performed by a safety certification body, and which are prescribed by Ordinance of the Ministry of Knowledge Economy from among electrical appliances which are likely to cause hazards and/or functional disorders, such as fire and electric shock due to their structures and methods of use;
5. The term "electrical appliance(s) subject to supplier's confirmation of conformity (SCoC)" means, an electrical appliance(s) considered to be able to prevent such hazards and/or functional disorders by means of safety confirmation through product testing performed directly by the manufacturers or importers of the electrical appliance(s) or by the entrustment to a third party, and which are prescribed by Ordinance of the Ministry of Knowledge Economy from among electrical appliances which are likely to cause hazards and/or functional disorders, such as fire and electric shock due to their structures and methods of use. <<Enforcement Date: Jan. 1, 2012>>
CHAPTER II ELECTRICAL APPLIANCES SAFETY CONTROL
SECTION 1 Electrical Appliances Subject to Safety Certification
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 Article 3 (Safety Certification)   print
(1) Any person who intends to manufacture electrical appliance(s) subject to the safety certification or manufacture such electrical appliance(s) in a foreign country to export to the Republic of Korea (hereinafter referred to as "manufacturer") shall obtain the safety certification for each model (referring to the types of appliances given the proper names provided for by Ordinance of the Ministry of Knowledge Economy; hereinafter the same shall apply) of electrical appliance(s) subject to the safety certification from an institute designated under Article 9 (1) (hereinafter referred to as "safety certification body"), as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That he/she falls under any of the following subparagraphs, he/she shall be exempted from the safety certification or fully or partially exempted from the product testing or factory inspection (in cases of subparagraph 3, all or part of the product testing only), as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9535, Mar. 25, 2009>
1. Where he/she manufactures or imports the electrical appliance(s) subject to the safety certification determined by Presidential Decree for the purpose of research, development, export, or exhibition, etc. and obtains the confirmation of the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy;
2. Where he/she is granted the safety certification by a foreign safety certification body provided for by the Minister of Knowledge Economy under a mutual recognition agreement between Korea and the relevant country;
3. Where a manufacturer with capability to conduct product testing above the standards as provided for in Ordinance of Ministry of Knowledge Economy performs the product testing, and a safety certification body verifies the conformity of such electrical appliance(s);
4. Where a domestic or foreign institute with which a safety certification body has signed a mutual recognition agreement under Article 4 (4) conducts product testing and/or a factory inspection and confirms its/their conformity;
5. Other cases where the safety of the electrical appliance(s) is acknowledged under other Acts and subordinate statutes, and which are prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) Any manufacturer of electrical appliance(s) subject to the safety certification shall, when he/she intends to revise any matter for which the safety certification is granted, get such revision approved by a safety certification body, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(3) When electrical appliance(s) meet the safety standards and the factory inspection standards for the electrical appliance(s) subject to the safety certification as determined and publicly announced by the Minister of Knowledge Economy, any safety certification body shall grant the safety certification for such electrical appliance(s). <Amended by Act No. 8852, Feb. 29, 2008>
(4) Any safety certification body may, when it grants the safety certification in accordance with paragraph (3), attach conditions to such safety certification, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(5) The conditions under paragraph (4) shall be the minimum necessary for the execution of this Act and shall not impose any unlawful obligation to the relevant manufacturers.
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 Article 4 (Routine Inspections and Self Product Verifications)   print
(1) Any safety certification body shall perform the routine inspection at least once annually according to the procedures and methods prescribed by Ordinance of the Ministry of Knowledge Economy on an electrical appliance(s) subject to the safety certification, the production facilities, product testing equipment and technical capabilities related thereto for the purpose of verifying whether the electrical appliance(s) subject to the safety certification has obtained the safety certification under Article 3 (1) maintain(s) the safety continuously. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any manufacturer of electrical appliance(s) subject to the safety certification who has been granted the safety certification shall conduct self product verification of an electrical appliance(s) subject to the safety certification, which is/are manufactured after the safety certification has been granted, prepare and keep records of such verification, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Any safety certification body may exempt all or part of the routine inspection, as prescribed by Presidential Decree where the results of routine inspection under paragraph (1) and self product verification under paragraph (2) are excellent.
(4) Any safety certification body may conclude agreements with domestic and/or foreign bodies that perform safety testing and inspection for the safety of electrical appliance(s) subject to the safety certification or the self-regulatory safety confirmation for mutual recognition of the product testing and/or factory inspection results, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 5 (Safety Inspections)   print
(1) Any person who intends to import secondhand electrical appliance(s) corresponding to electrical appliance(s) subject to the safety certification from a foreign country and to sell or lend such electrical appliance(s), shall receive the safety inspection for the imported secondhand electrical appliance(s), as prescribed by Ordinance of Knowledge Economy: Provided, That the same shall not apply to cases where the safety certification is granted or exempted under Article 3 (1). <Amended by Act No. 8852, Feb. 29, 2008>
(2) The safety standards under Article 3 (3) shall apply mutatis mutandis to the criteria of the safety inspection under paragraph (1).
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 Article 6 (Safety Certification Marks and Other Related Marks)   print
(1) Any manufacturer or importer of electrical appliance(s) subject to the safety certification shall place a mark(s) according to the following classification (hereinafter referred to as "safety certification mark(s) and other related marks" on each relevant electrical appliance and its package, as prescribed by Ordinance of the Ministry of Knowledge Economy: <Amended by Act No. 8852, Feb. 29, 2008>
1. In cases of a person who has obtained the safety certification under the main sentence of Article 3 (1) other than each subparagraph, a safety certification mark(s) under Article 3 (3);
2. In cases of a person who has been exempted from the safety certification under the proviso to Article 3 (1) other than each subparagraph, a mark(s) of exemption from the safety certification;
3. In cases of a person who has received the safety inspection under Article 5 (1), a safety inspection mark(s) and a mark(s) as determined by the criteria for the safety inspection under Article 5 (2).
(2) Any person who fails to obtain the safety certification or an exemption from the safety certification under Article 3 (1) or to receive the safety inspection under Article 5 (1) shall be prohibited from indicating the safety certification or anything similar thereto on any electrical appliance(s) subject to the safety certification and its/their package(s).
(3) Any person falling under any of the following subparagraphs shall be prohibited from arbitrarily altering or removing the safety certification mark(s) and other related marks: <Amended by Act No. 9680, May 21, 2009>
1. An electricity business operator under subparagraph 2 of Article 2 of the Electric Utility Act;
2. A person who installs electric installations for private use under subparagraph 19 of Article 2 of the Electric Utility Act;
3. A constructor under subparagraph 3 of Article 2 of the Electrical Construction Business Act;
4. A person who manufactures an electrical appliance(s) using any electrical appliance(s) subject to the safety certification as a components or an attachments;
5. A person who imports, sells or lends electrical appliance(s) subject to the safety certification (hereinafter referred to as "operator of a business of importing, selling or lending electrical appliance(s)").
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 Article 7 (Prohibition of Sale and/or Use of Electrical Appliances Subject to Safety Certification without Safety Certification Marks and other Related Marks)   print
(1) Any manufacturer of electrical appliance(s) subject to the safety certification or any operator of a business of importing, selling or lending such electrical appliance(s) shall be prohibited from selling or lending any electrical appliance(s) subject to the safety certification which does/do not carry any safety certification mark(s) and other related marks, or importing, displaying or holding such electrical appliance(s) for the purpose of selling or lending.
(2) A person falling under any of the provisions of Article 6 (3) 1 through 4 shall be prohibited from using any electrical appliance(s) subject to the safety certification which does/do not carry any safety certification mark(s) and other related marks.
(3) Any broker for selling electrical appliance(s) and/or any agent for purchasing or importing electrical appliance(s) shall be prohibited from brokering (excluding cases where a mail order broker under the Act on the Consumer Protection in the Electronic Commerce Transactions, etc. allows only the use of the cybermall he/she is operating; hereinafter the same shall apply), or vicariously purchasing or importing any electrical appliance(s) subject to the safety certification which does/do not carry any safety certification mark(s) and other related marks. <Newly Inserted by Act No. 9018, Mar. 28, 2008; Act No. 9535, Mar. 25, 2009>
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 Article 8 (Cancellation of Safety Certification)   print
(1) When the manufacturer of electrical appliance(s) subject to the safety certification, for which the safety certification has been granted, falls under any of the following subparagraphs, any safety certification body may cancelled the safety certification, as prescribed by Ordinance of the Ministry of Knowledge Economy, or take measures for prohibiting the use of a safety certification mark(s) within the limit of six months or issue a corrective order: Provided, That if he/she falls under subparagraph 1, his/her safety certification shall be cancelled, and if he/she falls under subparagraph 10, his/her safety certification may be cancelled or the measure for prohibiting the use of a safety certification mark(s) may be taken: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9535, Mar. 25, 2009>
1. When he/she obtains the safety certification by fraudulent or other illegal means;
2. When he/she manufactures an electrical appliance(s) subject to the safety certification in violation of safety standards Article 3 (3) after obtaining the safety certification;
3. When he/she fails to implement the conditions under Article 3 (4);
4. When he/she refuses, obstructs or avoids the routine inspection under Article 4 (1);
5. As the results of the routine inspection under Article 4 (1), the production facilities, product testing equipment and technological capabilities are not in conformity with the criteria for factory inspection;
6. When he/she has fails to conduct self product verification under Article 4 (2);
7. When he/she has fails to prepare and keep records of self product verification under Article 4 (2), or prepares and keeps them falsely;
8. When he/she fails to place a safety certification mark(s) and other related marks under Article 6 (1), or falsely places such mark(s);
9. When he/she violates any order under Article 19 (1) or (6);
10. When a measure for prohibiting the use of a safety certification mark(s) or a corrective order is issued because he/she falls under any of subparagraphs 2 through 8, but he/she does not follow such measure or order.
(2) With respect to any person whose safety certification is revoked in accordance with paragraph (1), any safety certification body shall be prohibited from granting the safety certification for the same model of electrical appliance(s) subject to the safety certification in question within one year from the date of cancellation.
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 Article 9 (Designation of Safety Certification Bodies)   print
(1) The Minister of Knowledge Economy may designate an institute which performs the safety certification, the safety inspection, and conducting the product testing of electrical appliance(s) subject to the self-regulatory safety confirmation (hereinafter referred to as "self-regulatory safety confirmation testing") to ensure the safety of electrical appliance(s). <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any corporation or organization intending to obtain the designation referred to in paragraph (1) shall file an application for such designation with the Minister of Knowledge Economy after satisfying requirements for such designation as determined by Ordinance of Ministry of Knowledge Economy, including certification examiners and testing facilities and equipment. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Knowledge Economy may guide and supervise any safety certification body within the scope necessary to ensure the safety of electrical appliance(s). <Amended by Act No. 8852, Feb. 29, 2008>
(4) Necessary matters concerning methods and procedures, etc. of the designation referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 10 (Cancellation of Designation of Safety Certification Bodies)   print
(1) The Minister of Knowledge Economy may, if any corporation or organization designated as a safety certification body in accordance with Article 9 falls under any of the following subparagraphs, cancelled such designation or order such safety certification body to suspend its business fully and partially for a period of not more than one year: Provided, That if any safety certification body falls under subparagraph 1 or 2, its designation shall be cancelled: <Amended by Act No. 8852, Feb. 29, 2008>
1. When the safety certification body is designated by fraudulent and other illegal means;
2. When the safety certification body makes the safety certification or the safety inspection or conducts the self-regulatory safety confirmation testing during a period for which its business is suspended after receiving an order for suspension of business;
3. When the safety certification body fails to make the safety certification, or the safety inspection or conduct the self-regulatory safety confirmation testing without justifiable grounds;
4. When the safety certification body is not in conformity with the requirements for the designation prescribed in Article 9 (2);
5. When the safety certification body makes the safety certification or the safety inspection or conducts the self-regulatory safety confirmation testing in violation of the methods and procedures, etc. of the safety certification, safety inspection or self-regulatory safety confirmation testing;
6. When the safety certification body grants the safety certification in violation of Article 3 (3) or conducts the safety inspection in violation of the criteria for the safety inspection under Article 5 (2) or conducts self-regulatory safety confirmation testing in violation of the safety standards under Article 11 (3) or makes the safety inspection in violation of the standards for the safety inspection under Article 12 (2);
7. When the safety certification body claims excessive or insufficient fees under Article 21.
(2) Necessary matters concerning standards for cancelling the designation and suspending the business, etc. as prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
SECTION 2 Electrical Appliances Subject to Self-Regulatory Safety Confirmation
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 Article 11 (Registration of Electrical Appliances Subject to Self-Regulatory Safety Confirmation)   print
(1) Any manufacturer or importer of electrical appliance(s) subject to the self-regulatory safety confirmation shall, as prescribed by Ordinance of the Ministry of Knowledge Economy, be subject to self-regulatory safety confirmation testing by a safety certification body for each model of the electrical appliance(s) subject to the self-regulatory safety confirmation, and confirm on his/her own whether the relevant electrical appliance(s) meet(s) the safety standards under paragraph (3) (hereinafter referred to as "self-regulatory safety confirmation"), and then report the result thereof to the Minister of Knowledge Economy: Provided, That in cases falling under any of the following subparagraphs, he/she may be exempted from the self-regulatory safety confirmation and the reporting thereon (hereinafter referred to as "registration for self-regulatory safety confirmation") or from the self-regulatory safety confirmation testing fully or partially (in cases of subparagraph 3, only the self-regulatory safety confirmation testing fully or partially): <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9535, Mar. 25, 2009>
1. Where he/she manufactures or imports electrical appliance(s) subject to self-regulatory safety confirmation determined by Presidential Decree for the purpose of research, development, export, or exhibition, etc. and obtains the confirmation of the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy;
2. Where a domestic or foreign institute with which a safety certification body has signed a mutual recognition agreement under Article 4 (4) conducts product testing and confirms their conformity;
3. Where a manufacturer with capability to conduct product testing above the standards as provided for in Ordinance of Ministry of Knowledge Economy has conducted the self-regulatory safety confirmation testing as prescribed by Ordinance of the Ministry of Knowledge Economy, and the safety certification body confirms the conformity of such electrical appliance(s);
4. Other cases where the safety of the electrical appliance(s) is acknowledged under other Acts and subordinate statutes, and which are prescribed by Ordinance of Ministry of Knowledge Economy.
(2) Any manufacturer or importer of electrical appliance(s) subject to the self-regulatory safety confirmation shall, when he/she intends to revise any of the registered matters on the self-regulatory safety confirmation, make a revised registration in accordance with the procedures and methods as determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Knowledge Economy shall determine the safety standards for electrical appliance(s) subject to the self-regulatory safety confirmation and place a notice thereof. <Amended by Act No. 8852, Feb. 29, 2008>
(4) When any he/she makes the registration under paragraph (1), he/she shall keep the documents attesting that the relevant electrical appliance(s) meet(s) the safety standards under paragraph (3), as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(5) The effective term of the self-regulatory safety confirmation under paragraph (1) shall be five years, which shall be reckoned from the date when the report on the self-regulatory safety confirmation is made.
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 Article 12 (Safety Inspections)   print
(1) Any person intending to import secondhand electrical appliance(s) corresponding to electrical appliance(s) subject to the self-regulatory safety confirmation from a foreign country and to sell or lend such electrical appliance(s), shall receive the safety inspection for the imported secondhand electrical appliance(s), as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That the same shall not apply to the electrical appliance(s) for which the registration for self-regulatory safety confirmation is made or exempted under Article 11 (1). <Amended by Act No. 8852, Feb. 29, 2008>
(2) The safety standards under Article 11 (3) shall apply mutatis mutandis to the criteria for safety inspection under paragraph (1).
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 Article 13 (Marks of Registration for Self-Regulatory Safety Confirmation and other Related Marks)   print
(1) Any manufacturer or importer of electrical appliance(s) subject to the self-regulatory safety confirmation shall make a mark(s) according to related the following classification (hereinafter referred to as "mark(s) of registration for the self-regulatory safety certification and other related marks") on the relevant electrical appliance(s) and its package(s), as prescribed by Ordinance of the Ministry of Knowledge Economy: <Amended by Act No. 8852, Feb. 29, 2008>
1. In cases of a person who has made registration for the self-regulatory safety confirmation under the main sentence of Article 11 (1) other than each subparagraph, a mark(s) of registration for the self-regulatory safety confirmation and a mark(s) as determined by the safety standards under Article 11 (3);
2. In cases of a person who has exempted from making the registration for the self-regulatory safety confirmation under the proviso to Article 11 (1) other than each subparagraph, a mark(s) of exemption from the registration for the self-regulatory safety confirmation;
3. In cases of a person who has received the safety inspection under Article 12 (1), a safety inspection mark(s) and a mark(s) as determined by the criteria for the safety inspection under Article 12 (2).
(2) Any person who fails to make a registration for the self-regulatory safety confirmation or to obtain an exemption under Article 11 (1) or to receive the safety inspection under Article 12 (1), shall be prohibited from making a mark(s) of registration for the self-regulatory safety confirmation and other related marks or anything similar thereto on any electrical appliance(s) subject to the self-regulatory safety confirmation and its/their package(s).
(3) A person falling under any of the following subparagraphs shall be prohibited from arbitrarily altering or removing the mark(s) of registration for the self-regulatory safety confirmation and other related marks: <Amended by Act No. 9680, May 21, 2009>
1. An electricity business operator under subparagraph 2 of Article 2 of the Electric Utility Act;
2. A person who installs electric installations for private use under subparagraph 19 of Article 2 of the Electric Utility Act;
3. A constructor under subparagraph 3 of Article 2 of the Electrical Construction Business Act;
4. A person who manufactures electrical appliance(s) using electrical appliance(s) subject to the safety certification as a component(s) or attachment(s) of;
5. A person who runs a business of importing, selling or lending electrical appliance(s) subject to the self-regulatory safety confirmation.
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 Article 14 (Prohibition on Sale and Use of Electrical Appliances subject to Self-Regulatory Safety Confirmation without Marks of Registration for Self-Regulatory Safety Confirmation and Other Related Marks)   print
(1) Any manufacturer of the electrical appliance(s) subject to the self-regulatory safety confirmation or any operator of the business of importing, selling or lending such electrical appliance(s) shall be prohibited from selling or lending any electrical appliance(s) subject to the self-regulatory safety confirmation which does/do not carry any mark(s) of registration for the self-regulatory safety confirmation and other related marks, or importing, displaying or holding such electrical appliance(s) for the purpose of selling or lending.
(2) A person falling under any of Article 13 (3) 1 through 4 shall be prohibited from using any electrical appliance(s) subject to the self-regulatory safety confirmation which does/do not carry any mark(s) of registration for the self-regulatory safety confirmation and other related marks.
(3) Any broker for selling electrical appliance(s) or any agent for purchasing or importing electrical appliance(s) shall be prohibited from brokering, or vicariously purchasing or importing any electrical appliance(s) subject to the self-regulatory safety confirmation which does/do not carry any mark(s) of registration for the self-regulatory safety confirmation and other related marks. <Newly Inserted by Act No. 8852, Feb. 29, 2008>
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 Article 14-2 (Prohibition of Use of Marks of Registration for Self-Regulatory Safety Confirmation and Other Related Marks)   print
When any manufacturer or importer of electrical appliance(s) subject to the self-regulatory safety confirmation falls under any of the following subparagraphs, the Minister of Knowledge Economy may take measures for prohibiting the use of a mark(s) of registration for the self-regulatory safety confirmation and other related marks within the limit of six months or issue a corrective order as prescribed by Ordinance of the Ministry of Knowledge Economy:
1. When he/she makes a registration for the self-regulatory safety confirmation by fraudulent or other illegal means;
2. When electrical appliance(s) subject to the self-regulatory safety confirmation fail(s) to conform to the safety standards under Article 11 (3);
3. When he/she has fails to place a mark(s) of registration for the self-regulatory safety confirmation and other related marks, or places such mark(s) falsely;
4. When he/she violates an order under Article 19 (2) or (6).
[This Article Newly Inserted by Act No. 9535, Mar. 25, 2009]
SECTION 3 Electrical Appliances Subject to Supplier's Confirmation of Conformity
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 Article 14-3 (Supplier's Confirmation of Conformity)   print
(1) Any manufacturer or importer of electrical appliance(s) subject to supplier's confirmation of conformity shall, as prescribed by Ordinance of the Ministry of Knowledge Economy, conduct testing for each model of the electrical appliance(s) subject to supplier's confirmation of conformity, or commission any third party to conduct such testing, thereby confirming on his/her own whether the relevant electrical appliance(s) meet(s) the safety standards under paragraph (2) (hereinafter referred to as "SCoC"): Provided, That in cases falling under any of the following subparagraphs, he/she may be exempted from SCoC:
1. Where he/she manufactures or imports the electrical appliance(s) subject to SCoC for the purpose of research, development, export, or exhibit, etc.;
2. Where he/she obtains the safety certification under Article 15 (1);
3. Other cases where the safety of the electrical appliance(s) is acknowledged under other Acts and subordinate statutes, and which are prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) The safety standards under Article 11 (3) shall apply mutatis mutandis to the criteria for SCoC.
(3) Any manufacturer or importer of electrical appliance(s) subject to SCoC shall, when he/she has made the SCoC, keep the documents attesting that the relevant electrical appliance(s) meets the safety standards under paragraph (2), as prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Newly Inserted by Act No. 9535, Mar. 25, 2009] <<Enforcement Date: Jan. 1, 2012>>
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 Article 14-4 (SCoC Marks and Other Related Marks)   print
(1) Any manufacturer or importer who has made SCoC shall place a SCoC mark(s) and a mark(s) determined by the safety standards under Article 14-3 (2) (hereinafter referred to as "SCoC mark(s) and other related marks") on relevant electrical appliances and its/their package(s), as prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) Any person who fails to make SCoC shall be prohibited from making a SCoC mark(s) and other related marks or anything similar thereto on any electrical appliance(s) subject to SCoC and its/their package(s).
(3) A person falling under any of the following subparagraphs shall be prohibited from arbitrarily altering or removing the SCoC mark(s) and other related marks:
1. A person falls under any of the provisions of Article 13 (3) 1 through 3;
2. A person who manufactures electrical appliance(s) using an electrical appliance(s) subject to SCoC as a component(s) or an attachment(s) of;
3. A person who runs a business of importing, selling or lending electrical appliance(s) subject to SCoC.
[This Article Newly Inserted by Act No. 9535, Mar. 25, 2009] <<Enforcement Date: Jan. 1, 2012>>
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 Article 14-5 (Prohibition of Sale and Use of Electrical Appliances subject to SCoC without SCoC Marks and Other Related Marks)   print
(1) Any manufacturer of electrical appliance(s) subject to SCoC or any operator of a business of importing, selling or lending such electrical appliance(s) shall be prohibited from selling or lending any electrical appliance(s) subject to SCoC which does/do not carry any SCoC mark(s) and other related marks, or from importing, displaying or holding such electrical appliance(s) for the purpose of selling or lending.
(2) A person falling under any of Article 14-4 (3) 1 and/or 2 shall be prohibited from using any electrical appliance(s) subject to SCoC which does/do not carry a SCoC mark(s) and other related marks.
(3) Any broker for selling electrical appliance(s) and/or any agent for purchasing or importing electrical appliance(s) shall be prohibited from brokering, or vicariously purchasing or importing any electrical appliance(s) subject to the self-regulatory safety confirmation which does/do not carry a SCoC mark(s) and other related marks.
[This Article Newly Inserted by Act No. 9535, Mar. 25, 2009] <<Enforcement Date: Jan. 1, 2012>>
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 Article 14-6 (Prohibition of Use of SCoC Marks and Other Related Marks)   print
When any manufacturer or importer of electrical appliance(s) subject to SCoC falls under any of the following subparagraphs, the Minister of Knowledge Economy may take measures for prohibiting the use of a SCoC mark(s) and other related marks within the limit of six months, or may issue a corrective order, as prescribed by Ordinance of the Ministry of Knowledge Economy:
1. When he/she makes SCoC by fraudulent or other illegal means;
2. When electrical appliance(s) subject to SCoC fails to conform with the safety standards under Article 14-3 (2);
3. When he/she fails to place a SCoC mark(s) and other related marks, or places such mark(s) falsely;
4. When he/she violates an order under Article 19 (3) or (6).
[This Article Newly Inserted by Act No. 9535, Mar. 25, 2009] <<Enforcement Date: Jan. 1, 2012>>
SECTION 4 Non-Specified Electrical Appliances
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 Article 15 (Safety Certification of Electrical Appliances other than Electrical Appliances subject to Safety Certification, etc.)   print
(1) Any manufacturer of electrical appliance(s) other than electrical appliance(s) subject to the safety certification and electrical appliance(s) subject to the self-regulatory safety confirmation (hereinafter referred to as "electrical appliance(s) subject to the safety certification, etc.") may obtain the safety certification of each model of the relevant electrical appliance(s) from any safety certification body.
Article 15 (Safety Certification of Non-Specified Electrical Appliances)
(1) Any manufacturer of electrical appliance(s) other than electrical appliance(s) subject to the safety certification and electrical appliance(s) subject to the self-regulatory safety confirmation (hereinafter referred to as "non-specified electrical appliance(s)") may obtain the safety certification of each model of the relevant electrical appliance(s) from any safety certification body. <Amended by Act No. 9535, Mar. 25, 2009> <<Enforcement Date: Jan. 1, 2012>>
(2) When any electrical appliance(s), the manufacturer of which intends to obtain safety certification in accordance with paragraph (1), falls under each of the following subparagraphs, each safety certification body shall grant the safety certification: <Amended by Act No. 8852, Feb. 29, 2008>
1. When the electrical appliance(s) is/are in conformity with the safety standards that the safety certification body has set after obtaining approval from the Minister of Knowledge Economy (in cases where no approved safety standards are existent, any international standards pertaining to the safety of the relevant electrical appliance(s));
2. When the manufacturer of the relevant electrical appliance(s) is equipped with production facilities, product testing equipment, and technical capabilities to guarantee the continuous safety of such electrical appliance(s).
(3) Any person who has been granted safety certification in accordance with paragraph (1) may place safety certification mark(s) on the relevant electric appliance(s) or package(s) of such electrical appliance(s).
(4) Any person who fails to obtain the safety certification under paragraph (1) for electrical appliance(s) other than electrical appliance(s) subject to the safety certification, etc. shall not place a safety certification mark(s) or anything similar thereto on the relevant electrical appliance(s) and package(s) of such electrical appliance(s).
(4) Any person who fails to obtain the safety certification under paragraph (1) for his/her non-specified electrical appliance(s) shall not place a safety certification mark(s) or anything similar thereto on the relevant electrical appliance(s) and package(s) of such electrical appliance(s). <Amended by Act No. 9535, Mar. 25, 2009> <<Enforcement Date: Jan. 1, 2012>>
(5) Any safety certification body may make business regulations governing methods of and procedures for granting the safety certification as prescribed in paragraph (1).
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 Article 15-2 (Safety Investigation)   print
The Minister of Knowledge Economy may, when he/she deems that any electrical appliance(s) other than electrical appliance(s) subject to the safety certification, etc. circulating in the market falls under any of the following subparagraphs, carry out safety investigations for the relevant electrical appliance(s) for the purpose of confirming the dangers thereof, as prescribed by Presidential Decree:
The Minister of Knowledge Economy may, when he/she deems that any of non-specified electrical appliance(s) circulating in the market falls under any of the following subparagraphs, carry out safety investigations for the relevant electrical appliance(s) for the purpose of confirming the dangers thereof, as prescribed by Presidential Decree: <Amended by Act No. 9535, Mar. 25, 2009> <<Enforcement Date: Jan. 1, 2012>>
1. When the electrical appliance(s) is/are likely to inflict any harm on the life of children, seniors, disabled persons, etc.;
2. When it is deemed that an accident due to the electrical appliance(s) might cause severe physical injury;
3. When an accident due to the electrical appliance(s) might affect so wide areas that prompt measures must be taken;
4. When it is determined by Ordinance of the Ministry of Knowledge Economy for the purposes of securing the safety of non-specified electrical appliance(s).
[This Article Newly Inserted by Act No. 9018, Mar. 28, 2008]
law view
 Article 15-3 (Measures Following Results of Safety Investigation)   print
(1) The Minister of Knowledge Economy may, if any electrical appliance(s) is/are found to be dangerous as a result of a safety investigation under Article 15-2, recommend the manufacturer of the relevant electrical appliance(s) or the operator of a business of importing, selling or lending such electrical appliance(s) to cease selling or lending, to take a corrective action(s), to remove such electrical appliance(s) from the market, or to scrap such electrical appliance(s).
(2) The Minister of Knowledge Economy may, where it is deemed difficult to prevent danger only with the recommendation of prohibition on selling and/or lending, upgrading, removing any electrical appliance(s), or scrapping such electrical appliance(s), as prescribed in paragraph (1), place a public notice that he/she has recommended the manufacturer of the relevant electrical appliance(s) or the operator of the business of importing, selling or lending such electrical appliance(s) to cease selling or lending, to take a corrective action(s), to remove such electrical appliance(s) from the market, or scrap such electrical appliance(s).
(3) Matters necessary for recommendations of prohibition of selling or lending, upgrading, removing, or scrapping the electrical appliance(s) under paragraph (1) and public notices placed under paragraph (2) shall be determined by Presidential Decree.
[This Article Newly Inserted by Act No. 9018, Mar. 28, 2008]
CHAPTER III KOREA ELECTRICAL PRODUCTS SAFETY ASSOCIATION
law view
 Article 16 (Establishment of Korea Electrical Products Safety Association)   print
(1) Manufacturers of electrical appliance(s) and the operators of a business of importing, selling or lending electrical appliance(s) may establish the Korea Electrical Products Safety Association (hereafter referred to as the "KESA" in this Article) after obtaining approval of the Minister of Knowledge Economy for the purposes of improving quality of electrical appliance(s) and maintaining the safety thereof. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The KESA shall perform the following business: <Amended by Act No. 8852, Feb. 29, 2008>
1. Research, development and education on the safety certification system of electrical appliance(s);
2. Publication and diffusion of safety standards for electrical appliance(s);
3. Investigation and verification of illegal electrical appliance(s);
4. Cooperative projects related to the safety of electrical appliance(s) with enterprises, etc.;
5. Other business entrusted by the Minister of Knowledge Economy.
(3) The KESA shall be a corporation.
(4) Matters necessary for the guidance, etc. of the KESA shall be prescribed by Presidential Decree.
(5) Except as otherwise provided in this Act, the provisions on incorporated associations in the Civil Act shall apply mutatis mutandis to the KESA.
law view
 Article 17 (Support to KESA)   print
The Minister of Knowledge Economy may provide support necessary for the KESA's perform any of business under each subparagraph of Article 16 (2). <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER IV SUPPLEMENTARY PROVISIONS
law view
 Article 18 (Support for Management of Electrical Appliances)   print
The Minister of Knowledge Economy and the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor or the Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do governor") may provide support, such as testing equipment for the safety of electrical appliance(s), expenses and technologies used for research and development, to the manufacturers of electrical appliance(s) as well as to organizations related to the safety of electrical appliance(s), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
law view
 Article 19 (Orders Issued to Take Corrective Actions, to Scrap Electrical Appliances Subject to Safety Certification or to Remove Them from Market)   print
(1) The Mayor/Do governor may, if any electrical appliance(s) subject to the safety certification is/are found to fall under any of the following subparagraphs, order the manufacturer of the electrical appliance(s) subject to the safety certification or the operator of a business of importing, selling or lending such electrical appliance(s) to take a corrective action(s), to scrap such electrical appliance(s) subject to the safety certification or to remove such electrical appliance(s) from the market for a fixed period, as prescribed by Presidential Decree:
1. When he/she fails to obtain the safety certification under Article 3 (1) and to have safety certification revised under Article 3 (2);
2. When such electrical appliance(s) is/are not in conformity with the safety standards for electrical appliance(s) subject to the safety certification under Article 3 (3) (including cases applicable mutatis mutandis in Article 5 (2));
3. When he/she fails to receive the safety inspection under Article 5 (1);
4. When he/she fails to receive the safety inspection under Article 5 (1) or places the safety certification mark(s) or anything similar thereto on electrical appliance(s) subject to the safety certification, which have/ has neither obtained the safety certification nor an exemption from the safety certification, and its/their package(s) in contravention of Article 6 (2).
(2) If any electrical appliance(s) subject to the self-regulatory safety confirmation falls/fall under any of the following subparagraphs, the Mayor/Do governor may order the manufacturer of the electrical appliance(s) subject to the self-regulatory safety confirmation or the operator of a business of importing, selling or lending such electrical appliance(s) to take a corrective action(s), to scrap such electrical appliance(s) subject to the self-regulatory safety confirmation or to remove such electrical appliance(s) from the market for a fixed period, as prescribed by Presidential Decree:
1. When he/she fails to make the registration or revised registration under Article 11 (1) and/or (2);
2. When such electrical appliance(s) is/are not in conformity with the safety standards for electrical appliance(s) subject to the self-regulatory safety confirmation under Article 11 (3) (including cases applicable mutatis mutandis in Article 12 (2));
3. When he/she fails to receive the safety inspection under Article 12 (1);
4. When he/she fails to receive the safety inspection under Article 12 (1) or places a mark(s) of registration for the self-regulatory safety confirmation or anything similar thereto on the electrical appliance(s) subject to the self-regulatory safety confirmation, for which the registration for the self-regulatory safety confirmation has neither been made nor obtained an exemption from the registration for the self-regulatory safety confirmation on its/their package(s) in contravention of Article 13 (2).
(3) The Mayor/Do governor may, if any electrical appliance(s) subject to SCoC is/are found to fall under any of the following subparagraphs, order the manufacturer of the electrical appliance(s) subject to SCoC or the operator of a business of importing, selling or lending such electrical appliance(s) to take a corrective action(s), to scrap such electrical appliance(s) subject to SCoC or to remove such electrical appliance(s) for a fixed period, as prescribed by Presidential Decree: <Newly Inserted by Act No. 9535, Mar. 25, 2009> <<Enforcement Date: Jan. 1, 2012>>
1. When he/she fails to obtain SCoC;
2. When such electrical appliance(s) is/are not in conformity with the safety standards under Article 14-3 (2);
3. When he/she places a SCoC mark(s) or anything similar thereto on the electrical appliance(s) subject to SCoC in contravention of Article 14-4 (2), for which SCoC has not been made.
(4) The Mayor/Do governor may, where a manufacturer of an electrical appliance(s) subject to the safety certification, etc. or the operator of a business of importing, selling or lending such electrical appliance(s) subject to the safety certification, etc. fails to follow the order issued to take a corrective action(s), to scrap such electrical appliance(s) subject to the safety certification, etc. or to remove such electrical appliance(s) from the market, pursuant to paragraphs (1) or (2), let public officials under his/her control directly scrap such electrical appliance(s) subject to the safety certification, etc. or remove such electrical appliance(s)) from the market, as prescribed by Presidential Decree. In such cases, the expenses and costs incurred in connection therewith shall be borne by the manufacturer of the electrical appliance(s) subject to the safety certification, etc. or the operator of a business importing, selling or lending such electrical appliance(s).
(4) The Mayor/Do governor may, where a manufacturer of an electrical appliance(s) subject to the safety certification, electrical appliance(s) subject to the self-regulatory safety confirmation, and/or electrical appliance(s) subject to SCoC (hereinafter referred to as "electrical appliance(s) subject to the safety certification, etc.") or the operator of a business of importing, selling or lending such electrical appliance(s) subject to the safety certification, etc. fails to follow the order issued to take a corrective action(s), to scrap such electrical appliance(s) subject to the safety certification, etc. or to remove such electrical appliance(s) from the market, pursuant to paragraphs (1) through (3), let public officials under his/her control directly scrap such electrical appliance(s) subject to the safety certification, etc. or remove such electrical appliance(s)) from the market, as prescribed by Presidential Decree. In such cases, the expenses and costs incurred in connection therewith shall be borne by the manufacturer of the electrical appliance(s) subject to the safety certification, etc. or the operator of a business importing, selling or lending such electrical appliance(s). <Amended by Act No. 9535, Mar. 25, 2009> <<Enforcement Date: Jan. 1, 2012>>
(5) Any public official assigned to scrap an electrical appliance(s) subject to the safety certification, etc. or to remove such electrical appliance(s) from the market under paragraph (3) shall carry with himself/herself a certificate indicating his/her authority and show it to persons concerned.
(5) Any public official assigned to scrap an electrical appliance(s) subject to the safety certification, etc. or to remove such electrical appliance(s) from the market under paragraph (4) shall carry with himself/herself a certificate indicating his/her authority and show it to persons concerned. <Amended by Act No. 9535, Mar. 25, 2009> <<Enforcement Date: Jan. 1, 2012>>
(6) The Mayor/Do governor may, where it is deemed difficult to prevent danger only with taking a corrective action(s), scrapping an electrical appliance(s) or removal of the electrical appliance(s) subject to the safety certification, etc. under paragraphs (1) through (3), order the manufacturer of the electrical appliance(s) subject to the safety certification, etc. or the operator of a business of importing, selling or lending such electrical appliance(s) to perform matters prescribed in the following subparagraphs:
1. To publicize danger of the relevant electrical appliance(s) subject to the safety certification. etc. through the media;
2. To exchange, refund or repair the relevant electrical appliance(s) subject to the safety certification, etc.;
3. Other matters as considered necessary by the Mayor/Do governor for the prevention of the possible dangers.
(6) The Mayor/Do governor may, where it is deemed difficult to prevent danger only with taking a corrective action(s), scrapping an electrical appliance(s) or removal of the electrical appliance(s) subject to the safety certification, etc. under paragraphs (1) through (4), order the manufacturer of the electrical appliance(s) subject to the safety certification, etc. or the operator of a business of importing, selling or lending such electrical appliance(s) to perform matters prescribed in the following subparagraphs: <Amended by Act No. 9535, Mar. 25, 2009> <<Enforcement Date: Jan. 1, 2012>>
1. To publicize danger of the relevant electrical appliance(s) subject to the safety certification. etc. through the media;
2. To exchange, refund or repair the relevant electrical appliance(s) subject to the safety certification, etc.; and
3. Other matters as considered necessary by the Mayor/Do governor for the prevention of the possible dangers.
law view
 Article 20 (Reporting and Inspection)   print
(1) When the Minister of Knowledge Economy or the Mayor/Do governor considers it necessary to manage the safety of electrical appliance(s), he/she may have a manufacturer of electrical appliance(s) subject to the safety certification, etc., a person under each subparagraph of Article 6 (3), a person under each subparagraph of Article 13 (3), or a person under each subparagraph of Article 14-4 (3) report on the manufacturing, sale, lend, use, etc. of the relevant electrical appliance(s) or get public officials under his/her control to visit offices, factories, places of business, stores, or warehouses and other necessary places to inspect the production facilities and product testing equipment as well as electrical appliance(s), documents, books and other articles, and to ask interested persons questions, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008>
1. A manufacturer of electrical appliance(s) subject to the safety certification, etc.;
2. A person under each subparagraph of Article 6 (3);
3. A person under each subparagraph of Article 13 (3);
4. A person under each subparagraph of Article 14-4 (3). <<Enforcement Date: Jan. 1, 2012>>
(2) The Minister of Knowledge Economy or the Mayor/Do governor may, when he/she intends to make an inspection under paragraph (1) (including questioning; hereafter the same shall apply in this paragraph), notify the relevant persons of an inspection plan that includes the date, time, reason, details, etc. of the inspection by not later than seven days before he makes the inspection: Provided, That this shall not apply in case of emergency or where it is deemed the objective of inspection may not be achieved due to destruction of evidence, etc. when notified in advance. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The public official who has access or makes an inspection or ask questions under paragraph (1) shall carry with himself/herself a certificate indicating his/her authority and show it to persons concerned, and whenever he/she has access, shall deliver to the relevant persons a document wherein the name of the public official concerned and time and/or purpose of access, etc. are stated.
law view
 Article 21 (Fees)   print
A person falling under any of the following subparagraph shall pay fees as prescribed by Presidential Decree:
1. A person who intends to obtain the safety certification under the main sentence of Article 3 (1) other than each subparagraph;
2. A person who intends to obtain a confirmation of exemption from the safety certification under Article 3 (1) 1;
3. A person who intends to obtain an approval to revise the safety certification under Article 3 (2);
4. A person who intends to receive a routine inspection under Article 4 (1);
5. A person who intends to receive the safety inspection under Article 5 (1);
6. A person who intends to make a registration for the self-regulatory safety confirmation under the main sentence of Article 11 (1) other than each subparagraph;
7. A person who intends to obtain a confirmation of exemption from the self-regulatory safety confirmation under Article 11 (1) 1;
8. A person who intends to make a revised registration on self-regulatory safety confirmation under Article 11 (2);
9. A person who intends to receive the safety inspection under Article 12 (1);
10. A person who intends to obtain the safety certification under Article 15 (1).
law view
 Article 22 (Hearings)   print
The Minister of Knowledge Economy shall, where he/she intends to cancelled the designation of a safety certification body in accordance with Article 10, hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008>
law view
 Article 23 (Delegation and Entrustment of Authority)   print
(1) The Minister of Knowledge Economy may delegate part of his/her authority under this Act to the head of the affiliate organization or the Mayor/Do governor, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Knowledge Economy may entrust all or part of the business falling under any of the following subparagraphs from among his authority under this Act to the heads of institutes or organizations which perform the related business, as prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9535, Mar. 25, 2009>
1. Business concerning the confirmation of exemption for electrical appliance(s) subject to the safety certification under Article 3 (1) 1;
2. Business concerning registration of the self-regulatory safety confirmation under the main sentence of Article 11 (1) other than each subparagraph;
3. Business concerning confirmation of exemption for electrical appliance(s) subject to the self-regulatory safety confirmation under Article 11 (1) 1;
4. Business concerning revised registration for the self-regulatory safety confirmation under Article 11 (2);
5. Business concerning prohibition, etc. of use of a mark(s) of registration for the self-regulatory safety confirmation and other related regulations under Article 14-2;
6. Business concerning prohibition, etc. on use of a SCoC mark(s) under Article 14-6; <<Enforcement Date: Jan. 1, 2012>>
7. Business concerning reports, inspections and/or questioning under Article 20 (limited to cases necessary for handling entrusted affairs).
(3) The Mayor/Do governor may delegate part of his authority under paragraph (1) to the head of Si/Gun/Gu (referring to the heads of autonomous Gu) after getting approval from the Minister of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
law view
 Article 24 (Legal Fiction as Public Officials in Applying Penal Provisions)   print
The officers and employees of any safety certification body or any other institute or organization engaged in the entrusted duties under Article 23 (2) shall, for the purpose of Articles 129 through 132 of the Criminal Act, be deemed public officials.
CHAPTER V PENAL PROVISIONS
law view
 Article 25 (Penal Provisions)   print
Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9535, Mar. 25, 2009>
1. Any person who obtains the safety certification under Article 3 (1), receives the safety inspection under Article 5 (1), makes a registration for the self-regulatory safety confirmation under Article 11 (1), or receives the safety inspection under Article 12 (1);
1. Any person who obtains the safety certification under Article 3 (1), receives the safety inspection under Article 5 (1), makes a registration for the self-regulatory safety confirmation under Article 11 (1), receives the safety inspection under Article 12 (1), or makes SCoC by fraudulent or other illegal means; <<Enforcement Date: Jan. 1, 2012>>
2. Any person who manufactures electrical appliance(s) subject to the safety certification without obtaining safety certification in violation of Article 3 (1), or imports secondhand electrical appliance(s) subject to the safety certification without receiving the safety inspection in contravention of Article 5 (1), or manufactures or imports electrical appliance(s) subject to the self-regulatory safety confirmation without making a registration for the self-regulatory safety confirmation in contravention of Article 11 (1), or imports secondhand electrical appliance(s) subject to the self-regulatory safety confirmation without receiving the safety inspection in contravention of Article 12 (1);
2. Any person who manufactures electrical appliance(s) subject to the safety certification without obtaining safety certification in violation of Article 3 (1), or imports secondhand electrical appliance(s) subject to the safety certification without receiving the safety inspection in contravention of Article 5 (1), or manufactures or imports electrical appliance(s) subject to the self-regulatory safety confirmation without making a registration for the self-regulatory safety confirmation in contravention of Article 11 (1), or imports secondhand electrical appliance(s) subject to the self-regulatory safety confirmation without receiving the safety inspection in contravention of Article 12 (1), or manufactures or imports electrical appliance(s) subject to SCoC without making SCoC in contravention of Article 14-3 (1); <<Enforcement Date: Jan. 1, 2012>>
3. Any person who is granted the safety certification in contravention of Article 3 (3), or performs the safety inspection in contravention of Article 5 (2), or conducts the self-regulatory safety confirmation testing in contravention of the safety standards under Article 11 (3), or performs the safety inspection in contravention of Article 12 (2);
4. Any person who places a safety certification mark(s) or anything similar thereto in contravention of Article 6 (2), or places a mark(s) of registration for the self-regulatory safety confirmation or anything similar thereto in contravention of Article 13 (2);
4. Any person who places a safety certification mark(s) or anything similar thereto in contravention of Article 6 (2), or places a mark(s) of registration for the self-regulatory safety confirmation or anything similar thereto in contravention of Article 13 (2), or places a SCoC mark(s) or anything similar thereto in contravention of Article 14-4 (2); <<Enforcement Date: Jan. 1, 2012>>
5. Any person who sells or lends any electrical appliance(s) subject to the safety certification which does/do not carry any safety certification mark(s) and other related mark(s), imports, displays or holds such electrical appliance(s) for the purpose of selling or lending in contravention of Article 7 (1), or sells or lends any electrical appliance(s) subject to the self-regulatory safety confirmation which does/do not carry any mark(s) of registration for the self-regulatory safety confirmation, imports, displays or holds such electrical appliance(s) for the purpose of selling or lending in contravention of Article 14 (1);
5. Any person who sells or lends any electrical appliance(s) subject to the safety certification which does/do not carry any safety certification mark(s) and other related mark(s), imports, displays or holds such electrical appliance(s) for the purpose of selling or lending in contravention of Article 7 (1), or sells or lends any electrical appliance(s) subject to the self-regulatory safety confirmation which does/do not carry any mark(s) of registration for the self-regulatory safety confirmation, imports, displays or holds such electrical appliance(s) for the purpose of selling or lending in contravention of Article 14 (1), or sells or lends any electrical appliance(s) subject to SCoC which does/do not carry any SCoC mark(s), imports, displays or holds such electrical appliance(s) for the purpose of selling or lending in contravention of Article 14-5 (1); <<Enforcement Date: Jan. 1, 2012>>
5-2. Any person who, in violation of Article 7 (3), brokers the sale of, or purchases or imports as an agent of another, electrical appliance(s) subject to the safety certification which do not/does not carry any safety certification marks, or any person who, in violation of Article 14 (3), brokers the sale of, or purchases or imports as an agent of another, electrical appliance(s) subject to the self-regulatory safety confirmation which do not/does not carry any mark(s) of registration for the self-regulatory safety certification;
5-2. Any person who, in violation of Article 7 (3), brokers the sale of, or purchases or imports as an agent of another, electrical appliance(s) subject to the safety certification which do not/does not carry any safety certification marks, any person who, in violation of Article 14 (3), brokers the sale of, or purchases or imports as an agent of another, electrical appliance(s) subject to the self-regulatory safety confirmation which do not/does not carry any mark(s) of registration for the self-regulatory safety certification, or any person who, in violation of Article 14-5 (3), brokers the sale of, or purchases or imports as an agent of another, electrical appliance(s) subject to the SCoC which do not/does not carry any SCoC mark(s); <<Enforcement Date: Jan. 1, 2012>>
6. Any person who is granted the safety certification or conducts the safety inspection or self-regulatory safety confirmation testing after having been designated as a safety certification body under Article 9 (1) by fraudulent or other illegal means;
7. Any person who is granted the safety certification or conducts the safety inspection or self-regulatory safety confirmation testing without being designated as a safety certification body under Article 9 (1) (excluding any manufacturer who conducts the product testing under Article 3 (1) 3, and manufacturer or importer who conducts the self-regulatory safety confirmation testing under Article 11 (1) 3);
8. Any person who is granted the safety certification or conducts the safety inspection or self-regulatory safety confirmation testing after the designation as a safety certification body was cancelled or during the period of business suspension under Article 10 (1).
law view
 Article 26 (Penal Provisions)   print
Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding ten million won:
1. Any person who fails to conduct a self product verification in accordance with Article 4 (2);
2. Any person who arbitrarily alters or removes any safety certification mark(s) in contravention of Article 6 (3), or mark(s) of registration for the self-regulatory safety confirmation in contravention of Article 13 (3);
2. Any person who arbitrarily alters or removes any safety certification mark(s) in contravention of Article 6 (3), mark(s) of registration for the self-regulatory safety confirmation in contravention of Article 13 (3), or SCoC mark(s) in contravention of Article 14-4 (3); <<Enforcement Date: Jan. 1, 2012>>
3. Any person who, in violation of Article 7 (2) uses any electrical appliance(s) subject to the safety certification which do not/does not carry any safety certification mark(s), or any person who, in violation of Article 14 (2), uses any electrical appliance(s) subject to the self-regulatory confirmation which do not/does not carry mark(s) of registration for the self-regulatory safety confirmation;
3. Any person who, in violation of Article 7 (2) uses any electrical appliance(s) subject to the safety certification which do not/does not carry any safety certification mark(s), or any person who, in violation of Article 14 (2), uses any electrical appliance(s) subject to the self-regulatory confirmation which do not/does not carry mark(s) of registration for the self-regulatory safety confirmation; <<Enforcement Date: Jan. 1, 2012>>
4. Any person who is granted the safety certification in contravention of Article 8 (2);
5. Any person who is granted the safety certification in contravention of Article 15 (2);
6. Any person who places any safety certification mark(s) or anything similar thereto on electrical appliance(s) other than electrical appliance(s) subject to the safety certification, etc. and its/their package(s) in contravention of Article 15 (4);
7. Any person who fails to comply with orders under Article 19 (1), (2), or (5).
7. Any person who fails to comply with orders under Article 19 (1), (2), (3) or (6). <<Enforcement Date: Jan. 1, 2012>>
law view
 Article 27 (Joint Penal Provisions)   print
If the representative of a corporation or an agent, employee, or other servant of a corporation or an individual commits an offense as prescribed in Article 25 or 26 in connection with the business of the corporation or individual, not only shall such offender be punished, but also such corporation or individual shall be punished by a fine as prescribed in the relevant provisions: Provided, That the same shall not apply to cases where such corporation or individual has taken proper precautions and has not negligently supervise the business concerned so as to prevent the occurrence of such offense.
[This Article Wholly Amended by Act No. 9245, Dec. 26, 2008>
law view
 Article 28 (Fines for Negligence)   print
(1) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won: <Amended by Act No. 9535, Mar. 25, 2009>
1. Any person who rejects, obstructs or evades a routine inspection under Article 4 (4);
2. Any person who fails to prepare and keep records of the self product verification under Article 4 (2) or prepares and keeps such records falsely;
3. Any person who fails to keep documents attesting the conformity with the safety standards in contravention of Article 11 (4) or keeps such documents falsely;
3. Any person who fails to keep documents attesting the conformity with the safety standards in contravention of Article 11 (4) or 14-3 (3) or keeps such documents falsely; <<Enforcement Date: Jan. 1, 2012>>
4. Any person who fails to make a report under Article 20 (1) or falsely reports;
5. Any person who rejects, obstructs or evades any inspection or question referred to in Article 20 (1).
(2) Fines for negligence referred to in paragraph (1) shall be imposed and collected by the Minister of Knowledge Economy or the Mayor/Do governor, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) through (5) Deleted. <by Act No. 9535, Mar. 25, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Article 2 (Applicability to Electrical Appliances subject to Self-Regulatory Safety Confirmation)
The amended provisions of Article 11 shall apply to electrical appliance(s) subject to the self-regulatory safety confirmation shipped or customs-cleared on or after this Act enters into force: Provided, That where any electrical appliance(s) other than the electrical appliance(s) subject to the safety certification under the former provisions at the time this Act enters into force is/are prescribed as electrical appliance(s) subject to the self-regulatory safety confirmation pursuant to the amended provisions of subparagraph 4 of Article 2, the above provisions shall apply to such electrical appliance(s) subject to the self-regulatory safety confirmation shipped or customs-cleared on or after January 1, 2010.
Article 3 (Transitional Measures concerning Safety Certification)
(1) Where electrical appliance(s) subject to the safety certification under the former provisions at the time this Act enters into force are prescribed as electrical appliance(s) subject to the self-regulatory safety confirmation pursuant to the amended provisions of subparagraph 4 of Article 2, electrical appliance(s) subject to the safety certification which has/have obtained safety certification under the former provisions at the time this Act enters into force shall be deemed to have made a registration for the self-regulatory safety confirmation under this Act.
(2) The effective term of the self-regulatory safely confirmation for electrical appliance(s) subject to self-regulatory safely confirmation on which a registration for self-regulatory safely confirmation is deemed to have been made pursuant to paragraph (1) shall be five years from the date when this Act enters into force.
Article 4 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 9018, Mar. 28, 2008>
This Act shall enter into force on January 1, 2009.
ADDENDA<Act No. 9128, Jun. 13, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 9245, Dec. 26, 2008>
This Act shall enter into force on January 1, 2009.
ADDENDA<Act No. 9535, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010: Provided, That the amended provisions of Article 19 (2) 4 and Article 28 (3) through (5) shall enter into force on the date of its promulgation, and those of subparagraph 5 of Article 2, Sections 3 and 4 of Chapter II, Article 19 (3) through (6), Articles 20 (1) 4, 23 (2) 6, subparagraphs 1, 2, 4, 5, and 5-2 of Article 25, subparagraphs 2, 3 and 7 of Article 26, and Article 28 (1) 3 shall enter into force on January 1, 2012.
Article 2 (Applicability)
The amended provisions of subparagraph 5 of Article 2, Sections 3 and 4 of Chapter II, Article 19 (3) through (6), Articles 20 (1) 4, 23 (2) 6, subparagraphs 1, 2, 4, 5, and 5-2 of Article 25, subparagraphs 2, 3 and 7 of Article 26, and Article 28 (1) 3 shall apply to electrical appliance(s) subject to SCoC shipped or customs-cleared on or after this Act enters into force.
Article 3 Omitted.
ADDENDA<Act No. 9680, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.