Industrial Standardization Act


Published: 2009-03-25

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to improve the quality of mining and industrial products and services involving industrial activities, the efficiency of production and the manufacturing technology by establishing and disseminating appropriate and rational industrial standards, and to improve industrial competitiveness and to develop the national economy through simplified and fair trade and rationalized consumption.
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 Article 2 (Definitions)   print
For the purposes of this Act,
1. The term "industrial standards" means the criteria for the industrial standardization;
2. The term "industrial standardization" means the standardization and simplification of the following matters:
(a) Kinds, shapes, dimensions, structures, equipment, quality, grades, components, performance, function, durability, and safety of mining and industrial products;
(b) Methods of manufacturing, designing, drawing, using and operating mining and industrial products, methods of producing an original unit, and safety conditions of mining and industrial products;
(c) Kinds, shapes, dimensions, structures, performance and grades of packing, and packing methods of mining and industrial products;
(d) Tests, analysis, appraisal, inspection, verification, statistical techniques, measurement methods, terms, abbreviations, symbols, marks, standard numbers or units related to mining and industrial products or their technology;
(e) Design and construction methods or safety conditions of buildings and other manufactured products;
(f) Information systems which manage the procurement, design, production, operation, repair, and destruction of goods relating to business activities and commercial trade through electronic communications media;
(g) Matters concerning the procedures, methods, systems, appraisal methods, etc. for rendering services involving industrial activities (excluding services involving telecommunication; hereinafter referred to as "services").
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 Article 3 (Basic Plans for Industrial Standardization)   print
(1) The Minister of Knowledge Economy shall establish every five years and announce a basic plan on industrial standardization (hereinafter referred to as "basic plan") through consultation with the head of the related central administrative agency in order to promote industrial standardization. The same shall apply to cases where he/she amends a basic plan. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Basic plans shall include the following matters:
1. Basic directions for industrial standardization policies;
2. Matters concerning the creation of an environment for promoting industrial standardization;
3. Matters concerning the development and dissemination of techniques of industrial standardization;
4. Matters concerning education and training for promoting industrial standardization;
5. Matters concerning the accreditation of conformity with industrial standardization;
6. Matters concerning the promotion for the development of collective standards;
7. Matters concerning cooperation in international standardization;
8. Matters concerning the promotion of conformity with international standards;
9. Matters concerning researches and development of industrial standards;
10. Matters concerning cooperation in industrial standardization between South and North Korea;
11. Other matters necessary to promote industrial standardization.
(3) The Minister of Knowledge Economy may request the head of the related central administrative agency to submit necessary materials for the establishment of a basic plan. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 4 (Industrial Standards Council)   print
(1) The Industrial Standards Council (hereinafter referred to as the "Council") shall be established within the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Council shall deliberate upon each of the following matters and provide advice to the Minister of Knowledge Economy: <Amended by Act No. 8852, Feb. 29, 2008>
1. Necessary matters concerning the establishment, amendment, and abolition of industrial standards under Article 5;
2. Necessary matters concerning confirmation on whether industrial standardization is appropriate under Article 10;
3. Matters concerning the designation of mining and industrial products under Article 15;
4. Matters concerning the designation of the services under Article 16;
5. Matters concerning the order for standardizing and simplifying mining and industrial products and their parts under Article 23;
6. Other matters related to industrial standardization determined by Presidential Decree.
(3) Necessary matters concerning the composition, operation, etc. of the Council shall be determined by Presidential Decree.
CHAPTER Ⅱ KOREAN INDUSTRIAL STANDARDS
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 Article 5 (Establishment, etc. of Industrial Standards)   print
(1) The Minister of Knowledge Economy may establish, amend, or abolish industrial standards. In such cases, he/she shall prepare and announce a proposal for industrial standards, as prescribed by Presidential Decree and listen to opinions of interested persons. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where the Minister of Knowledge Economy intends to establish, amend, or abolish industrial standards, he/she shall undergo deliberation by the Council after consultations with the head of the related administrative agency. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Where necessary for an efficient promotion of the establishment and amendment of industrial standards, the Minister of Knowledge Economy may designate any juristic person or organization conducting affairs related to industrial standardization as a cooperative organization for the development of industrial standardization and utilize it. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Any juristic person or organization intending to be designated as a cooperative organization under paragraph (3) shall make an application to the Minister of Knowledge Economy after meeting the requirements prescribed by Ordinance of the Ministry of Knowledge Economy, such as human resources, etc. to develop industrial standards. <Amended by Act No. 8852, Feb. 29, 2008>
(5) Other necessary matters concerning the designating procedures, operation, etc. of a cooperative organization for the development of industrial standards shall be determined by Presidential Decree.
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 Article 6 (Application for and Consultation of Establishment, etc. of Industrial Standards, etc.)   print
(1) Any person interested in the establishment, amendment or abolishment of industrial standards may apply for the establishment, amendment or abolishment thereof to the Minister of Knowledge Economy, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where the head of the related administrative agency intends to determine criteria or standards on matters falling under any item of subparagraph 2 of Article 2 under the provisions of other Acts and subordinate statutes, he/she shall consult with the Minister of Knowledge Economy with respect to matters deemed necessary for conformity with industrial standards. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 7 (Referral to Council)   print
Where any application or consultation under Article 6 exists, if deemed necessary, the Minister of Knowledge Economy shall refer it, without delay, to the Council. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 8 (Deliberation, etc)   print
(1) The Council shall deliberate upon the agenda referred pursuant to Article 7, without delay, as prescribed by Presidential Decree, and notify the Minister of Knowledge Economy of the result. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Knowledge Economy shall, upon receiving the notification under paragraph (1), make a decision on the application or consultation without delay, and notify the applicant or the head of the related administrative agency of the result. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 9 (Public Hearings)   print
(1) Where it is deemed necessary concerning the establishment, amendment, or abolition of industrial standards, the Minister of Knowledge Economy may hold a public hearing and listen to opinions of interested persons. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Persons interested in industrial standards and industrial standardization may request, in writing, that the Minister of Knowledge Economy holds a public hearing. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Where a request under paragraph (2) is made, the Minister of Knowledge Economy shall hold a public hearing without delay, if deemed necessary. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 10 (Confirmation, etc. on whether Industrial Standards are Appropriate)   print
(1) The Minister of Knowledge Economy shall confirm whether industrial standards are appropriate every five years from the date when such industrial standards are established or amended. In such cases, the Knowledge Economy shall undergo deliberation of the Council. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where it is deemed necessary after confirming whether industrial standards are appropriate pursuant to paragraph (1), the Minister of Knowledge Economy may amend or abolish such industrial standards under Article 5. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 11 (Notification on Industrial Standards)   print
When the Minister of Knowledge Economy has established, amended, or abolished industrial standards under Article 5 (1), or confirmed whether industrial standards are appropriate under Article 10 (1), he/she shall make public notification on it without delay, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 12 (Korean Industrial Standards)   print
(1) Industrial standards notified under Article 11 shall be referred to as Korean Industrial Standards (KS).
(2) No industrial standards other than those under paragraph (1) may use the title "Korean Industrial Standards".
CHAPTER Ⅲ ACCREDITATION OF CONFORMITY WITH KOREAN INDUSTRIAL STANDARDS
SECTION 1 Designation, etc. of Accrediting Institutions
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 Article 13 (Designation of Accrediting Institutions)   print
(1) The Minister of Knowledge Economy may designate institutions (hereinafter referred to as "accrediting institutions") to accredit that mining and industrial products (including their processing technology; hereinafter the same shall apply) or services conform to Korean Industrial Standards, to promote efficient industrial standardization. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any person who intends to be designated as an accrediting institution pursuant to paragraph (1) shall apply for such designation to the Minister of Knowledge Economy with the organization, office and accrediting examiners under Article 18 necessary for the performance of accreditation services. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Knowledge Economy shall, in designating an accrediting institution pursuant to paragraph (1), also specify the scope of accreditation services to be performed by the accrediting institution. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Necessary matters concerning the designation standards, procedures, etc. for accrediting institutions shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 14 (Cancellation of Designation of Accrediting Institutions)   print
(1) Where any accrediting institution falls under any of the following subparagraphs, the Minister of Knowledge Economy may cancel its designation or order it to suspend business for a fixed period not exceeding six months: Provided, That where it falls under subparagraph 1, he/she shall cancel its designation: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where it has been designated by false or other illegal means;
2. Where it fails to conduct accreditation services for not less than one year consecutively, without any justifiable reason;
3. Where it fails to conform to the designation standards under Article 13 (4);
4. Where it is deemed that products or services of poor quality have obtained accreditation under Article 15 (1) or 16 (1) due to intentional or gross negligence by the accrediting institution, as a result of an investigation under Article 20.
(2) Necessary matters concerning standards, etc. for cancellation of designation and suspension of business under paragraph (1) shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
SECTION 2 Accreditation of Products, etc.
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 Article 15 (Accreditation of Products)   print
(1) Any person who manufactures mining and industrial products which are deemed necessary and designated by the Minister of Knowledge Economy following the deliberation of the Council may obtain accreditation on the relevant products from the accrediting institution by each factory or business place, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any person who has obtained accreditation on products pursuant to paragraph (1) may place marks indicating that the products conform to Korean Industrial Standards (hereafter referred to as "product accreditation marks" in this Article) on such products, packages, containers, invoices or warranties or publicize therof, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(3) No person, other than those who have obtained accreditation under paragraph (1), shall place product accreditation marks, or any similar marks, on products, packages, containers, invoices, warranties or advertising materials.
(4) No person shall knowingly sell or import products with product accreditation marks, or any similar marks, or display, keep, or transport them for sale, in violation of paragraph (3).
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 Article 16 (Accreditation of Services)   print
(1) Any person who provides services deemed necessary and designated by the Minister of Knowledge Economy through deliberation of the Council may obtain accreditation on the relevant services from the accrediting institution by each place of business, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any person who has obtained accreditation on the services pursuant to paragraph (1) may place marks indicating that the services conform to Korean Industrial Standards (hereafter referred to as "service accreditation marks" in this Article) on the contracts, invoices or warranties of the services, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(3) No person, other than those who have obtained accreditation under paragraph (1), shall place the service accreditation marks, or any similar marks, on the contracts, invoices, warranties or advertising materials of the services.
SECTION 3 Accreditation Examination
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 Article 17 (Accreditation Examination)   print
(1) When an accrediting institution conducts an accreditation pursuant to Article 15 (1) or 16 (1), it shall examine whether a relevant product or service meets Korean Industrial Standards and standards for accreditation examination (hereinafter referred to as "standards for accreditation examination") determined by Ordinance of the Ministry of Knowledge Economy (hereinafter referred to as "accreditation examination"). <Amended by Act No. 8852, Feb. 29, 2008>
(2) Standards for accreditation examination shall include manufacturing equipment, inspection equipment, methods of inspection, methods of quality control and other technical production conditions necessary for quality assurance.
(3) Where an accrediting institution conducts an accreditation examination pursuant to paragraph (1), the person who manufactures the relevant product shall submit minimum samples necessary for accreditation examination to the accrediting institution.
(4) When an accrediting institution conducts an accreditation through an accreditation examination under paragraph (1), it shall notify the relevant fact to the person who manufactures the relevant product and provides the relevant services.
(5) Necessary matters concerning the methods, procedures, etc., for accreditation examination shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 18 (Accrediting Examiners)   print
(1) The Minister of Knowledge Economy may grant to those who meet standards prescribed by Presidential Decree, the qualification as examiner to conduct the accreditation examination under Article 17 and the regular examination under Article 19 (hereinafter referred to as "accrediting examiner"). <Amended by Act No. 8852, Feb. 29, 2008>
(2) Those who intend to be granted the qualification as accrediting examiner under paragraph (1) shall apply to the Minister of Knowledge Economy therefor after receiving training conducted by the Minister of Knowledge Economy, as prescribed by Ordinance of Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(3) When any accrediting examiner falls under any of the following subparagraphs, the Minister of Knowledge Economy may cancel his/her qualification as accrediting examiner or suspend it for a fixed period not exceeding six months: Provided, That where he/she falls under subparagraph 1, such qualification shall be cancelled: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where he/she grants the qualification of accrediting examiner by false or other illegal means;
2. Where he/she conducts accreditation services by illegal means;
3. Where it is deemed that products or services of poor quality have been obtained accreditation under Article 15 (1) or 16 (1) by intentional or gross negligence by the accrediting examiner as a result of an investigation under Article 20;
4. Where he/she fails to conform to qualification standards of accrediting examiner under paragraph (1);
5. Where he/she allows others to use his/her name related to accreditation examination service or lends the certificate of accrediting examiner to others.
(4) Necessary matters concerning the procedures for granting qualifications of accrediting examiners and standards for cancellation or suspension of qualification shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
SECTION 4 Post Management
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 Article 19 (Regular Examination)   print
(1) Any person with accreditation pursuant to Article 15 (1) or 16 (1) (hereinafter referred to as "person with accreditation") shall be subject to regular examinations of his/her products or services by an accrediting institution.
(2) Article 17 (2) and (3) shall apply mutatis mutandis to regular examinations.
(3) Any accrediting examiner who conducts regular examinations shall carry means of identification indicating his/her authority and present it to the persons concerned.
(4) Necessary matters concerning the period, methods, procedures, etc. for regular examinations shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(5) Where it is deemed that products accredited (hereinafter referred to as "accredited products") under Article 15 (1) or services accredited (hereinafter referred to as "accredited services") under Article 16 (1) fail to conform to Korean Industrial Standards or standards for accreditation examination after conducting regular examinations, the accrediting institution shall report such fact to the Minister of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 20 (Investigation, etc. of Goods in Market)   print
(1) Where a consumer organization makes a request or it is deemed that damage has been caused to numerous consumers or irreparable damage is very likely to be caused thereto due to deterioration of accredited products or accredited services, the Minister of Knowledge Economy may conduct a quality test of the accredited products on sale, as prescribed by Presidential Decree (hereinafter referred to as "investigation of goods in the market") or investigate the relevant products or services in the factory or place of business of a person with accreditation (hereinafter referred to as "field investigation") and have public officials under his/her control conduct a field investigation. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where the Minister of Knowledge Economy deems that the accredited products or services fail to conform to Korean Industrial Standards or standards for accreditation examination after conducting an investigation of goods in the market or a field investigation under paragraph (1), he/she shall notify the relevant accreditation institution of such fact. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Where conducting a field investigation pursuant to paragraph (1), the Minister of Knowledge Economy shall, not later than seven days before the investigation, notify the person subject to investigation of the investigation schedule regarding the time, date, grounds, contents, etc. of investigation: Provided, That the same shall not apply to cases of urgency or where it is deemed the aim of investigation may not be achieved due to destruction of evidence, etc. when notified in advance. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Any public official conducting a field investigation pursuant to paragraph (1) shall carry means of identification indicating his/her authority and present it to the persons concerned, and where he/she needs to get access, he/she shall issue a document wherein the name, time of access, aim of access, etc. are indicated to the persons concerned.
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 Article 21 (Orders for Removal, etc. of Marks)   print
(1) Where the Minister of Knowledge Economy deems that the accredited products or accredited services fail to conform to Korean Industrial Standards or standards for accreditation examination after receiving a report under Article 19 (5) or conducting an investigation of goods in the market or field investigation under Article 20, he/she may order a person with accreditation to remove or suspend the accreditation marks or suspend the sale or to take other necessary measures. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Necessary matters concerning standards for removal or suspension of the accreditation marks or suspension of the sale, other necessary measures, etc. under paragraph (1) shall be determined by Presidential Decree.
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 Article 22 (Cancellation of Accreditation)   print
Where a person with accreditation falls under any of the following subparagraphs, the accrediting institution may cancel its accreditation: Provided, That where he/she falls under subparagraph 1, it shall cancel the accreditation:
1. Where he/she obtains accreditation by false or other illegal means;
2. Where he/she fails to undergo a regular examination under Article 19 (1);
3. Where a regular examination under Article 19 or an investigation of goods in the market or field investigation under Article 20 reveals that the accredited products or accredited services considerably fail to conform to the Korean Industrial Standards;
4. Where he/she refuses, interferes with or evades a field investigation under Article 20;
5. Where he/she fails to obey an order under Article 21 without justifiable grounds;
6. Where it is deemed impossible to conduct normal business activity due to reasons such as discontinuation of business, etc.
CHAPTER Ⅳ PROMOTION OF INDUSTRIAL STANDARDIZATION
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 Article 23 (Standardization and Simplification of Mining and Industrial Products, their Parts, etc.)   print
(1) Where it is deemed necessary for promoting industrial standardization, the Minister of Knowledge Economy may order the manufacturers (including those engaged in processing and assembly industries) of major mining and industrial products and parts or materials thereof to standardize and simplify them according to Korean Industrial Standards, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where the Minister of Knowledge Economy intends to issue an order under paragraph (1), he/she shall do so following deliberations by the Council. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 24 (Observance of Korean Industrial Standards)   print
For the procurement of goods and services, production management, facility construction, etc., the State, local governments, public institutions, and public organizations shall observe Korean Industrial Standards under this Act.
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 Article 25 (Preferential Purchase of Accredited Products, etc.)   print
Where the State, local governments, public institutions, and public organizations intend to purchase goods or procure services, they shall preferentially purchase accredited products or services or excellent collective standard products accredited with collective standards under Article 27 (2), which meet the standards determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 26 (Exemption from Inspection, Type-Approval, etc.)   print
The Minister of Knowledge Economy or the head of any related administrative agency may wholly or partially exempt accredited products from the following inspection, verification, test, accreditation, report, typeapproval, etc. under related Acts and subordinate statutes: <Amended by Act No. 8562, Jul. 27, 2007; Act No. 8770, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9535, Mar. 25, 2008>
1. Safety certification under Article 14 of the Quality Control and Safety Management of Industrial Products Act and report on safety selfassurance under Article 19 of the same Act;
2. Safety certification under Article 3, safety inspection under Article 5, report on self-regulatory safety confirmation, etc. under Article 11, safety test under Article 12 and confirmation of supplier's conformity under Article 14-3 of the Electrical Appliances Safety Control Act;
3. Safety certification of protective outfits from among machinery, tools, etc. subject to obligatory safety certification under Article 34 (2) of the Occupational Safety and Health Act, or report on voluntary safety confirmation of protective outfits from among machinery, tools, etc. subject to voluntary safety certification under Article 35 (1) of the same Act;
4. Type approval tests or type registration under Article 46 of the Radio Waves Act and registration of electromagnetic compatibility under Article 57 of the same Act;
6. Inspection of containers, etc. under Article 17 of the High-Pressure Gas Safety Control Act;
7. Type-approval of fire-fighting apparatuses and appliances under Article 36 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act;
8. Type-approval on measuring instruments under Article 9 of the Environmental Examination and Inspection Act;
9. Approval on type of construction machinery under Article 18 of the Construction Machinery Management Act;
10. Deleted; <by Act No. 9384, Jan. 30, 2009>
11. Type-approval on measuring instruments under Article 12 of the Measures Act;
13. Quality certification on railroad appliances under Article 27 of the Railroad Safety Act;
14. Permission for manufacturing and report on manufacturing of medical appliances under Article 6 (2) of the Medical Appliances Act;
15. Quality certification on urban railroad appliances under Article 22-4 of the Urban Railroad Act.
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 Article 27 (Establishment, etc. of Collective Standards)   print
(1) Any organization determined by Ordinance of the Ministry of Knowledge Economy, from among those related to industrial standardization, may establish standards for symbols, terms, functions, procedures, methods, technology, etc. (hereinafter referred to as "collective standards") applicable to specific professional field in order to secure the public safety, protect consumers and strive for convenience of members. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any organization that has established collective standards may conduct accreditation services by utilizing collective standards, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Necessary matters concerning the establishment, registration, operation, dissemination, etc. of collective standards shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 28 (Training on Industrial Standardization)   print
(1) The Minister of Knowledge Economy may require those who intend to obtain or already obtained accreditation pursuant to Article 15 (1) or 16 (1) to receive training on industrial standardization and quality management. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Necessary matters concerning training on industrial standardization and quality management under paragraph (1), such as details, time, period, institution conducting such education, etc. shall be determined by Presidential Decree.
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 Article 29 (Promotion of Cooperation in International Standardization)   print
(1) The Government shall devise a policy to promote cooperation in standardization with the International Organization for Standardization or other foreign organizations for standardization (hereinafter referred to as "cooperation in international standardization").
(2) In order to promote cooperation in international standardization, the Minister of Knowledge Economy shall conduct the following activities: <Amended by Act No. 8852, Feb. 29, 2008>
1. Promotion of investigation, research, dissemination and use of international standards;
2. Investigation and research for cooperation in international standardization;
3. Collection, analysis and dissemination of information on cooperation in exchange of human resources and standardization;
4. Other projects deemed necessary for promoting cooperation in international standardization by the Minister of Knowledge Economy.
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 Article 30 (Promoting Standardization of Industrial Information Systems)   print
The Government shall devise a policy to promote the following matters in order to promote industrial informatization and efficiently manage industrial information systems:
1. Standardization of information systems on the procurement, design, production, operation, repair, disposal, etc. of goods relating to business activities;
2. Standardization of commercial trade through electronic communications media.
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 Article 31 (Subsidies)   print
The Minister of Knowledge Economy may grant subsidies to those who conduct the following projects within the budgetary limit in order to promote industrial standardization: <Amended by Act No. 8852, Feb. 29, 2008>
1. Promotional projects for cooperating international standardization listed in any subparagraph of Article 29 (2);
2. Standardization projects listed in any subparagraph of Article 30;
3. Promotional projects for standardization in the private sector;
4. Other industrial standardization projects as determined by Ordinance of the Ministry of Knowledge Economy.
CHAPTER Ⅴ KOREAN STANDARDS ASSOCIATION
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 Article 32 (Korean Standards Association)   print
(1) Those who have obtained accreditation may establish the Korean Standards Association (hereinafter referred to as the "Association") by obtaining approval from the Minister of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Association shall be a juristic person.
(3) Those who fall under any of the following subparagraphs may be members of the Association:
1. A person who has obtained accreditation;
2. Any organization that has established collective standards under Article 27 (1);
3. Any institution and organization related to industrial standardization and quality management;
4. A person is designated by the articles of incorporation of the Association and has knowledge and skills related to industrial standardization and quality management.
(4) The articles of incorporation of the Association shall include the following matters:
1. Objective;
2. Title;
3. Location of its principal office and branch offices;
4. Matters concerning its executives and employees;
5. Matters concerning its business and the execution thereof;
6. Matters concerning membership and the rights and duties of members;
7. Matters concerning the raising and operation of its funds;
8. Matters concerning its assets and accounting;
9. Matters concerning general meetings and the board of directors;
10. Matters concerning public announcement;
11. Matters concerning the amendment of its articles of incorporation.
(5) Except as provided for in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Association.
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 Article 33 (Approval and Report)   print
(1) The Association shall prepare the following documents and obtain approval from the Minister of Knowledge Economy therefor: <Amended by Act No. 8852, Feb. 29, 2008>
1. Business plan;
2. Budget for revenue and expenditure.
(2) The Association shall report to the Minister of Knowledge Economy on the following matters: <Amended by Act No. 8852, Feb. 29, 2008>
1. Closing accounts of revenue and expenditure;
2. Records of business performance;
3. Matters concerning the implementation of business entrusted by the Minister of Knowledge Economy.
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 Article 34 (Functions of Association)   print
The Association shall conduct the following activities: <Amended by Act No. 8852, Feb. 29, 2008>
1. Publication and dissemination of Korean Industrial Standards and publications, and promotion for implementing Korean Industrial Standards;
2. Collection and dissemination of international and foreign standards and various other standards;
3. Investigation, research, development, promotion, diagnosis, guidance, and training on industrial standardization and quality management;
4. Accreditation and evaluation promoting industrial standardization and quality management;
5. Support for collective standardization activities;
6. Support for international standardization activities;
7. Other services entrusted by the Minister of Knowledge Economy or determined by the articles of incorporation.
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
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 Article 35 (Succession)   print
(1) Where an accrediting institution or a person with accreditation transfers his/her business or deceases, or where a merger between juristic persons exists, the transferee, successor, or any juristic person surviving a merger or incorporated by a merger shall succeed to the status of an accrediting institution or a person with accreditation.
(2) Any person who succeeds to the status of an accrediting institution pursuant to paragraph (1) shall report such fact to the Minister of Knowledge Economy, and any person who succeeds to the status of a person with accreditation shall report such fact to the accrediting institution concerned. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Necessary matters concerning the report under paragraph (2) shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 36 (Hearings, etc.)   print
(1) Where the Minister of Knowledge Economy intends to cancel the designation of an accrediting institution or the qualification of an accrediting examiner pursuant to Articles 14 and 18 (3), he/she shall hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where an accrediting institution intends to cancel the accreditation of a person with accreditation pursuant to Article 22, it shall provide the person with accreditation with an opportunity to present his/her opinion.
(3) Articles 22 (4) through (6) and 27 of the Administrative Procedures Act shall apply mutatis mutandis to the presentation of opinions under paragraph (2). In such cases, "administrative agency" shall be deemed "accrediting institution".
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 Article 37 (Fees, etc.)   print
(1) Any person who intends to be designated as an accrediting institution pursuant to Article 13 shall pay fees determined by Ordinance of the Ministry of Knowledge Economy to the Minister of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any person who intends to obtain accreditation under Article 15 (1) or 16 (1) or who intends to undergo a regular examination under Article 19 shall pay costs and fees incurred in such examination to an accrediting institution, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 38 (Reporting, Audits, etc.)   print
(1) The Minister of Knowledge Economy may have an accrediting institution report on its services if necessary for the implementation of this Act. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Where deemed necessary to audit an accrediting institution following receipt of a report under paragraph (1) or as a result of conducting an investigation of goods in the market or a field investigation under Article 20, the Minister of Knowledge Economy may conduct an audit of the accrediting institution. <Amended by Act No. 8852, Feb. 29, 2008>
(3) An accrediting institution may require a person with accreditation to submit data on the services, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(4) An accrediting institution and a person with accreditation shall retain and preserve related documents, as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 39 (Petitions of Objection)   print
(1) Any person who deems that accredited products or accredited services do not conform to Korean Industrial Standards, may raise an objection to the accrediting institution concerned.
(2) Where an accrediting institution receives an objection under paragraph (1), it shall investigate the facts, take necessary measures, and notify the objector of the outcome.
(3) Necessary matters concerning the procedures for raising objections, necessary measures, etc. under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 40 (Delegation and Entrustment of Authority)   print
The Minister of Knowledge Economy may delegate or entrust part of his/her authority granted under this Act to the head of the agency under control of the Ministry of Knowledge Economy, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, the head of any other administrative agency or to the head of any other organization determined by Presidential Decree, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 41 (Legal Fiction as Public Official in Application of Penal Provisions)   print
Executives and employees of an organization engaged in providing the services entrusted under Article 40 by the Minister of Knowledge Economy, shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER Ⅶ PENAL PROVISIONS
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 Article 42 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won:
1. Any person who uses a mark or similar mark, in violation of Article 15 (3) or 16 (3);
2. Any person who sells, imports or displays, keeps, or transports goods, in violation of Article 15 (4);
3. Any person who fails to perform an order under Article 21 (1).
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 Article 43 (Joint Penal Provisions)   print
If the representative of a juristic person, or an agent, an employee or any other employed person of a juristic person or an individual commits an offense prescribed in Article 42 in connection with the affairs of said juristic person or individual, not only shall such offender be punished accordingly, but the juristic person or individual shall be also punished by a fine under the same Article: Provided, That the same shall not apply to cases where the juristic person or individual has not been negligent in paying a considerable attention or supervision on the relevant duties in order to prevent such offense.
[This Article Wholly Amended by Act No. 9229, Dec. 26, 2008]
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 Article 44 (Fines for Negligence)   print
(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won:
1. Any person who fails to perform an order under Article 23 (1);
2. Any person who fails to report, in violation of Article 35 (2);
3. Any person who fails to make a report or who makes a false report, in violation of the order under Article 38 (1);
4. Any person who fails to prepare and keep relevant documents, in violation of Article 38 (4).
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Knowledge Economy, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) through (5) Deleted. <by Act No. 9427, Feb. 6, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicable Example concerning Fines for Negligence)
The amended provisions of Article 44 (1) 2 shall first apply to accrediting institutions or those who succeed to the status of persons with accreditation after this Act enters into force.
Article 3 (General Transitional Measures)
Any disposition, procedure or other acts performed under the previous provisions before this Act enters into force shall be deemed to have been performed under the provisions of this Act.
Article 4 (Transitional Measures concerning Korean Industrial Standards)
The Korean Industrial Standards under the previous provisions at the time this Act enters into force shall be deemed the Korean Industrial Standards under the amended provision of Article 12 of this Act.
Article 5 (Transitional Measures concerning Accreditation of Standard Mark)
Any product and processing technology the standard mark of which is accredited under the previous provisions at the time this Act enters into force shall be deemed to have been accredited under the amended provision of Article 15.
Article 6 (Transitional Measures concerning Accrediting Examiners)
Accrediting examiners under the previous provisions at the time this Act enters into force shall be deemed those under the amended provision of Article 18.
Article 7 (Transitional Measures concerning Korea Industrial Standards Association)
The Korea Industrial Standards Association under the previous provisions at the time this Act enters into force shall be deemed the Korean Standards Association under the amended provision of Article 32.
Article 8 (Transitional Measures concerning Penal Provisions)
In application of the penal provisions to any act performed before this Act enters into force, the previous provisions shall apply.
Article 9 Omitted.
Article 10 (Relationship with other Acts and Subordinate Statues)
Where the previous Industrial Standardization Act or its provisions are cited by other Acts and subordinate statues at the time this Act enters into force, if this Act includes corresponding provisions, this Act or its provisions corresponding thereto shall be deemed to have been cited.
ADDENDA<Act No. 8562, Jul. 27, 2007>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8770, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 5 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. 9229, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 9384, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM<Act No. 9427, Feb. 6, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 9535, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010. (Proviso Omitted.)
Articles 2 and 3 Omitted.