Measures Act


Published: 2013-03-23

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to set standards for measurement and make proper measurement possible, thereby maintaining the fair order of commercial transactions and contributing to the industrial modernization.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "measurement" means a series of acts of determining the value of quantity of the state of certain material phenomena for the purposes of commercial transactions or certification;
2. The term "measuring instruments" means machinery, instruments or devices, prescribed by Presidential Decree, which are used to take measurements;
3. The term "legal measurements" means the measurements taken for the purposes of commercial transactions and certification prescribed by Acts and subordinate statutes to ensure the correctness and fairness of measurement;
4. The term "net quantity-indicated products" means products, the net quantity of which can not be increased or decreased without opening their containers or packages as prescribed by Presidential Decree, among products marked with length, mass or volume (hereinafter referred to as "net quantity") according to legal measuring units.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 3 Deleted. <by Act No. 9496, Mar. 18, 2009>   print
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 Article 4 (Measuring Units)   print
(1) The unit that is the standard for taking measurements (hereinafter referred to as "legal measuring unit") shall be categorized into the base unit, the derived unit, the auxiliary unit and the special unit.
(2) The base unit shall be in accordance with Article 10 of the Framework Act on National Standards.
(3) The derived unit shall be formed in combination of the base units or of the base unit and other derived unit, and the unit and its definitions shall be prescribed by Presidential Decree.
(4) The auxiliary unit shall be the base unit or the derived unit indicated in decimal multiple or fraction, and the unit and its definitions shall be prescribed by Presidential Decree.
(5) The special unit shall be used for taking special measurements, and the unit and its definitions shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 5 (Prohibition, etc. on Use of Nonlegal Measuring Units)   print
(1) No one shall use any unit, other than legal measuring units (hereinafter referred to as "nonlegal measuring unit") for the purpose of measurements or advertisements: Provided, That the same shall not apply where such unit is used for the purposes of any research, development, export, etc. as prescribed by Presidential Decree.
(2) No one shall manufacture or import any measuring instrument or any product marked in nonlegal measuring units: Provided, That the same shall not apply to any of the following measuring instruments or products:
1. A measuring instrument used to measure export products or products imported for the purpose of export;
2. A measuring instrument used to measure ships, airplanes or commodities for military purpose;
3. A measuring instrument used to measure commodities utilized for research and development;
4. A measuring instrument or product for the purpose of export;
5. Products imported as raw materials or components of export products.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
CHAPTER II MEASURING INSTRUMENT BUSINESS, TESTS, ETC.
SECTION 1 Registration, etc. of Business of Manufacturing Measuring Instruments
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 Article 6 (Registration, etc. of Business of Manufacturing Measuring Instruments)   print
(1) Each person who intends to engage in any of the following business shall file for registration with a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. The same shall also apply to the revision of any registered matter: <Amended by Act No. 11690, Mar. 23, 2013>
1. The manufacturing business of measuring instruments;
2. The repairing business of measuring instruments;
3. The business of verifying the authenticity of measurements and certifying measured values (hereinafter referred to as "business of measurement and certification").
(2) Each person who intends to file for registration pursuant to paragraph (1) shall satisfy the prerequisites prescribed by Presidential Decree for facilities and installations.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 7 (Self-Repair of Measuring Instruments)   print
(1) Notwithstanding Article 6, any person using measuring instruments to serve any public purpose may repair such measuring instruments himself/herself.
(2) The scope of the self-repair referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
SECTION 2 Observance of Legal Measurements
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 Article 8 (Marking of Degree of Precision, etc.)   print
Any person who has registered his/her manufacturing business of measuring instruments (hereinafter referred to as "manufacturer"), who has registered his/her repairing business of measuring instruments (hereinafter referred to as "repairer") in accordance with Article 6, or who imports measuring instruments as his/her business (hereinafter referred to as "importer"), shall mark the degree of accuracy and other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy (hereinafter referred to as "degree of precision, etc.") on measuring instruments manufactured, repaired or imported by him/her. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 9 (Restriction on Transfer, etc.)   print
Any manufacturer, repairer, importer and any person who engages in the business of selling measuring instruments (hereinafter referred to as "seller") shall be prohibited from transferring or leasing any of the following measuring instruments, or displaying or storing such measuring instruments for the purpose of transfer or lease, except as provided for in Presidential Decree:
1. Measuring instruments marked in nonlegal measuring units: Provided, That the same shall not apply to measuring instruments which are permitted to be marked in nonlegal measuring units in accordance with the proviso to Article 5 (2);
2. Measuring instruments not bearing the mark of the degree of precision, etc. in accordance with Article 8 or bearing a false mark;
3. Measuring instruments manufactured by a non-manufacturer or which are not type-approved in violation of Article 12 (1);
4. Measuring instruments, the period of validity of the test results prescribed in Article 20 (3) for which has expired;
5. Measuring instruments not affixed with the test seal prescribed in Article 23 (1) or the regular inspection seal prescribed in Article 33 (1), or affixed with a false seal;
6. Measuring instruments altered.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 10 (Restrictions on Use, etc.)   print
No one shall use any instruments, other than measuring instruments, or any of the following measuring instruments for taking legal measurements or possess such instruments or such measuring instruments for the purpose of taking legal measurements, except as provided for in Presidential Decree:
1. Measuring instruments restricted to be transferred, leased, displayed, stored, etc. in accordance with any subparagraph of Article 9;
2. Measuring instruments which have not undergone the tests prescribed in Article 20 (1);
3. Measuring instruments in excess of the permissible error of usage prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 11 (Obligation to Take Precise Measurements)   print
(1) Each person who takes legal measurements shall precisely take such measurements, and shall not take measurements in excess of the permissible error by commodity prescribed by Presidential Decree.
(2) Any measuring instruments with horizontal devices shall be used in a state that they are kept horizontal, and any measuring instruments with zero-point adjustment devices shall be used after their zero points are adjusted.
(3) No one shall alter any measuring instruments for the purpose of falsifying the value of measurement.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
SECTION 3 Type Approval for Measuring Instruments
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 Article 12 (Type Approval for Measuring Instruments)   print
(1) Any person who manufactures measuring instruments (including any person who exports measuring instruments to the Republic of Korea after manufacturing them in a foreign country) or imports them shall obtain prior approval from a type approval institution designated pursuant to Article 14 with respect to the types of such measuring instruments.
(2) The scope of measuring instruments subject to type approval and their period of validity referred to in paragraph (1) shall be prescribed by Presidential Decree.
(3) The standards for type approval under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 13 (Exemption from Type Approval)   print
Where measuring instruments subject to type approval falls under any of the following subparagraphs, such measuring instruments may be wholly or partially exempted by the Minister of Trade, Industry and Energy from type approval pursuant to Article 12 (1): <Amended by Act No. 11690, Mar. 23, 2013>
1. Measuring instruments manufactured or imported for a research, development, military or export purpose;
2. Measuring instruments accredited in conformity with the standards for type approval under Article 15 of the Industrial Standardization Act;
3. Other measuring instruments determined by Presidential Decree as not requiring type approval.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 14 (Designation, etc. of Type Approval Institutions)   print
(1) The Minister of Trade, Industry and Energy may designate type approval institutions to provide type approval services for measuring instruments (hereinafter referred to as "type approval institutions") professionally and efficiently, as prescribed in Article 12. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A corporation or organization which seeks to get the designation pursuant to paragraph (1) shall file an application for such designation with the Minister of Trade, Industry and Energy after satisfying the prerequisites for testers, testing facilities and equipment, etc. as prescribed by Presidential Decree <Amended by Act No. 11690, Mar. 23, 2013>
(3) Standards, methods, procedures, etc. for designation under paragraph (1) and other necessary matters concerning designation of type approval institutions shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The Minister of Trade, Industry and Energy may guide and supervise type approval institutions to the extent necessary to achieve the purpose of designation under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(5) Type approval institutions may conclude a bilateral or multilateral agreement with domestic or foreign testing institutions with respect to the mutual recognition of type approval of measuring instruments.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 15 (Cancellation of Designation, etc. of Type Approval Institutions)   print
(1) Where any corporation or organization designated as a type approval institution under Article 14 falls under any of the following subparagraphs, the Minister of Trade, Industry and Energy may cancel its designation or issue an order to suspend all or part of its business operation for a fixed period not exceeding one year: Provided, That in cases where it falls under subparagraph 1 or 2, its designation shall be cancelled: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where it is designated as a type approval institution in false or other illegal means;
2. Where it grants type approval during the period for business suspension;
3. Where it grants type approval, in violation of the standards for type approval under Article 12 (3);
4. Where it ceases to meet the standards for designation under Article 14 (3);
5. Where it refuses to grant type approval without justifiable grounds.
(2) Other matters necessary for the cancellation of designation, the standards for the suspension of business operation, etc. under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 16 (Revocation of Type Approval)   print
(1) Where a type-approved measuring instrument falls under any of the following subparagraphs 1 through 3, the head of the competent type approval institution shall revoke such type approval, and where it falls under subparagraph 4, he/she may revoke such type approval:
1. Where the registration of the business of manufacturing measuring instruments, etc. under Article 6 (1) is cancelled;
2. Where the type approval referred to in Article 12 (1) or the approval of its alteration provided for in Article 18 is granted in any false or other illegal means;
3. Where the measuring instruments manufactured after type approval therefor is granted ceases to meet the standards for type approval under Article 12 (3);
4. Where the approval of alteration under Article 18 fails to be granted.
(2) Notwithstanding paragraph (1) 4, if the head of the competent type approval institution deems that the measuring instrument in question does not disturb the fair order of commercial transactions because the extent of failure to meet any of the standards for type approval prescribed in Article 12 (3) is insignificant, he/she may issue a corrective order within the period fixed by Ordinance of the Ministry of Trade, Industry and Energy, and if such order is complied with within the fixed period, he/she may choose not to cancel the type approval. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 17 (Indication, Removal, etc. of Type Approval Number)   print
(1) Any person who has obtained type approval for measuring instruments pursuant to Article 12 (1) shall indicate the type approval number on the measuring instruments, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No one shall indicate the type approval number referred to in paragraph (1) or other similar marks on the measuring instruments which are not type-approved under Article 12 (1).
(3) When the measuring instruments on which the type approval number is indicated are repaired differently in structure from the type-approved measuring instruments, the Minister of Trade, Industry and Energy shall remove the type approval number or stamp a cancellation mark thereon: Provided, That the same shall not apply where the performance of the repaired measuring instruments is recognized to be the same as that of the original measuring instruments by the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 18 (Alteration, etc. of Type Approval)   print
Where any person who has obtained type approval for measuring instruments pursuant to Article 12 (1) alters part of the structure, type, etc. of the measuring instruments, that person shall obtain approval therefor from the type approval institution concerned, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 19 (Follow-up Management of Type Approval)   print
The Minister of Trade, Industry and Energy may test the structure, performance, etc. of measuring instruments which are type-approved pursuant to Article 12 (1), by purchasing them in circulation to ascertain whether they meet the standards for type approval. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
SECTION 4 Testing, etc. of Measuring Instruments
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 Article 20 (Testings)   print
(1) Measuring instruments which are type-approved pursuant to Article 12 (1) shall undergo tests conducted by the testing institution designated pursuant to Article 21 (1), as prescribed by Presidential Decree: Provided, That any measuring instrument which has undergone a self-test pursuant to Article 21 (3) may be exempted wholly or partly from such tests.
(2) Standards for testing of measuring instruments that shall be examined pursuant to paragraph (1) shall be set by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The period of validity of tests referred to in paragraph (1) shall be set by Presidential Decree.
(4) Any person who intends to take legal measurements by using any measuring instrument which has undergone tests pursuant to paragraph (1) shall have such measuring instruments undergone re-tests prior to the expiration of their period of validity, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 21 (Designation, etc. of Testing Institutions)   print
(1) The Minister of Trade, Industry and Energy may designate institutions assigned to test measuring instruments (hereinafter referred to as "testing institutions") to professionally and efficiently perform the tests of such measuring instruments prescribed in Article 20. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Any person who intends to obtain the designation referred to in paragraph (1) shall file an application for such designation with the Minister of Trade, Industry and Energy after meeting the prerequisites for testers, testing facilities and equipment, etc. prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Trade, Industry and Energy may designate any manufacturer of measuring instruments who is in conformity with the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy as a manufacturer capable of conducting tests (hereinafter referred to as "self-testing manufacturer") and permit such manufacturer to directly test his/her measuring instruments. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Standards for and methods of the designation of testing institutions and self-testing manufacturers under paragraphs (1) and (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 22 (Cancellation of Designation or Suspension of Business of Testing Institutions, etc.)   print
Where any institution or manufacturer designated as a testing institution or self-testing manufacturer under Article 21 (1) or (3) falls under any of the following subparagraphs, the Minister of Trade, Industry and Energy may cancel the designation or issue an order to suspend all or part of its business operation for a fixed period not exceeding one year: Provided, That in cases falling under subparagraph 1 or 2, the designation shall be cancelled: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where such institution or manufacturer has been designated as a testing institution or self-testing manufacturer in any false or other illegal means;
2. Where such institution or manufacturer has performed the business of tests during the period of business suspension;
3. Where such institution or manufacturer has performed tests, in violation of the standards for testing set by Ordinance of the Ministry of Trade, Industry and Energy under Article 20 (2); <Amended by Act No. 11690, Mar. 23, 2013>
4. Where such institution or manufacturer ceases to meet the standards for designation under Article 21 (4);
5. Where such institution or manufacturer has refused to conduct the tests without justifiable grounds.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 23 (Test Seals)   print
(1) Any institution or manufacturer designated as a testing institution or self-testing manufacturer under Article 21 (1) and (3) shall affix test seals to a measuring instrument which has successfully undergone tests administered by itself or himself/herself, and put them under seal to prevent any arbitrary manipulation of the permissible error of the measuring instruments, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No one shall destroy the seal of the measuring instruments on which test seals are printed.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 24 (Inspection of Standard Measuring Instruments)   print
(1) Any person who manufactures any measuring instrument serving as a basis for testing and inspecting of other measuring instruments (hereinafter referred to as "standard measuring instrument") shall have the standard measuring instrument inspected by a testing institution to ascertain whether it satisfies the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The standard measuring instruments to be inspected pursuant to paragraph (1) and the period of validity of such inspection shall be prescribed by Presidential Decree.
(3) Any person who intends to use any standard measuring instrument for measurement shall have the standard measuring instrument undergo re-inspection prior to the expiration of its period of validity, as prescribed by Presidential Decree.
(4) Where it is deemed that a standard measuring instrument satisfies the standards for inspection under paragraph (1), the testing institution shall issue a certificate of successful inspection to the applicant, and affix an inspection seal to such measuring instrument, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Methods of affixing inspection seals referred to in paragraph (4) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
CHAPTER III SELF-DECLARATION OF CONFORMITY FOR NET QUANTITY-INDICATED GOODS
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 Article 25 (Net Quantity-Indicated Products)   print
(1) Where a person who manufactures, imports, processes, or sells any net quantity-indicated products (hereinafter referred to as "net quantity indicated product dealer") indicates the net quantity of such products on their containers or packages, he/she shall ensure that the quantity indicated on the products and the net quantity do not exceed the permissible error prescribed by Presidential Decree.
(2) Each net quantity-indicated product dealer shall indicate the net quantity of the products on their containers or packages, with the trade name or his/her name, etc., according to the methods determined by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The standards for inspecting the net quantity of net quantity indicated products and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 26 (Self-Declaration of Conformity for Net Quantity-Indicated Products)   print
(1) Any net quantity-indicated product dealer may make a declaration that an error in the net quantity of the net quantity-indicated products conforms to the standards concerned (hereinafter referred to as "self-declaration of conformity") after obtaining a confirmation as to whether such products meet the requirements determined by Ordinance of the Ministry of Trade, Industry and Energy, from a conformity assessment institution referred to in Article 27 (1). <Amended by Act No. 11690, Mar. 23, 2013>
(2) Necessary matters concerning the methods, procedures, etc. for confirmation involving the self-declaration of conformity shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Any net quantity-indicated product dealer who makes the self declaration of conformity (hereinafter referred to as "dealer capable of making the self-declaration of conformity") shall keep the documents attesting that the net quantity-indicated products subject to the self-declaration of conformity (hereinafter referred to as "products subject to the self-declaration of conformity") meet the requirements provided for in paragraph (1), as prescribed by the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Any dealer capable of making the self-declaration of conformity shall obtain a confirmation as to whether the products subject to the self-declaration of conformity continue to satisfy the standards for the self-declaration of conformity from a conformity assessment institution referred to in Article 27 (1) every three years after the self-declaration of conformity is made.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 27 (Designation, etc. of Conformity Assessment Institutions)   print
(1) The Minister of Trade, Industry and Energy may designate the institutions assigned to confirm the self-declaration of conformity (hereinafter referred to as "conformity assessment institutions") to professionally and efficiently conduct a confirmation as to whether an error in the indication of net quantity is permissible. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for the designation, operation, etc. of conformity assessment institutions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Trade, Industry and Energy may guide and supervise conformity assessment institutions to the extent necessary to achieve the purpose of designation under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 28 (Cancellation of Designation of Conformity Assessment Institutions)   print
(1) Where a conformity assessment institution falls under any of the following subparagraphs, the Minister of Trade, Industry and Energy may cancel its designation or issue an order to suspend all or part of its business operation for a period not exceeding one year: Provided, That when it falls under subparagraph 1 or 2, its designation shall be cancelled: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where it has been designated as a conformity assessment institution in any false or other illegal means;
2. Where it has confirmed the self-declaration of conformity during the period of business suspension;
3. Where it has failed to confirm the self-declaration of conformity without justifiable grounds;
4. Where it has confirmed the self-declaration of conformity, in violation of the requirements prescribed by Ordinance of the Ministry of Trade, Industry and Energy pursuant to Article 26 (1). <Amended by Act No. 11690, Mar. 23, 2013>
(2) Necessary matters concerning the requirements, etc. for the cancellation of designation and the suspension of business of conformity assessment institutions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 29 (Indication of Self-Declaration of Conformity)   print
(1) A dealer capable of making the self-declaration of conformity may indicate, on the containers or packages of net quantity-indicated products, that such products satisfy the standards for the self-declaration of conformity (hereinafter referred to as "indication of the self-declaration of conformity"), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No person, other than a dealer capable of making the self-declaration of conformity, shall indicate the self-declaration of conformity or other similar ones thereto.
(3) Methods of indicating the self-declaration of conformity and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 30 (Removal of Indication of Self-Declaration of Conformity)   print
When any product subject to the self-declaration of conformity falls under any of the following subparagraphs, the relevant conformity assessment institution may order an indication of the self-declaration of conformity to be removed:
1. Where the self-declaration of conformity has been confirmed pursuant to Article 26 (1) in any false or other illegal means;
2. Where documents relating to the self-declaration of conformity provided for in Article 26 (3) have not been kept;
3. Where a confirmation referred to in Article 26 (4) has not been obtained from the relevant conformity assessment institution;
4. Where the indication of the self-declaration of conformity has been made differently from the details of conformity confirmed pursuant to Article 26 (1);
5. Where a person, other than a dealer capable of making the self-declaration of conformity, has made an indication of the self-declaration of conformity or any other similar indication thereto, in violation of Article 29 (2).
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 31 (Follow-Up Management of Products subject to Self-Declaration of Conformity)   print
(1) Any conformity assessment institution may test and inspect products subject to the self-declaration of conformity confirmed by the institution through purchasing them from the distribution market.
(2) As a result of the test and inspection referred to in paragraph (1), if a dealer capable of making the self-declaration of conformity is confirmed as not meeting the requirements for the self-declaration of conformity, the relevant conformity assessment institution shall order him/her to remove the indication of the self-declaration of conformity and then notify the details of the violation to the Minister of Trade, Industry and Energy or the competent Mayor/Do Governor. <Amended by Act No. 11690, Mar. 23, 2013>
(3) A dealer capable of making the self-declaration of conformity who is ordered to remove the indication of the self-declaration of conformity pursuant to Article 30 and paragraph (2) of this Article may not make the self-declaration of conformity with respect to the same item within five years after such order is issued.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 32 (Inspections)   print
(1) A Mayor/Do Governor shall inspect any measuring instrument, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The inspection under paragraph (1) shall be classified into the regular inspection conducted once every two years and the occasional inspection conducted as required.
(3) Measuring instruments subject to the regular inspection under paragraph (2) shall be prescribed by Presidential Decree.
(4) A Mayor/Do Governor may exempt the measuring instruments prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as the measuring instruments, etc. already inspected or corrected in a way similar to the regular inspection, from the regular inspection referred to in paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 33 (Seals of Regular Inspection)   print
(1) A Mayor/Do Governor shall affix regular inspection seals to measuring instruments which successfully undergo the regular inspection prescribed in Article 32 (2).
(2) A Mayor/Do Governor shall remove a test seal referred to in Article 23 (1) or a regular inspection seal referred to in paragraph (1) from any measuring instrument which fails to pass the regular inspection, or stamp a cancellation mark on such seal.
(3) Methods of affixing regular inspection seals referred to in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 34 (Reporting, Inspection, etc.)   print
(1) When it is deemed necessary, a Mayor/Do Governor may request any manufacturer, repairer, any person who repairs measuring instruments himself/herself pursuant to Article 7, any importer, seller, and any person who takes legal measurement to submit necessary reports and materials, as prescribed by Presidential Decree, or have his/her officials in charge visit the workplace, stores, places of business, offices, factories or warehouses of the business operator concerned and other necessary places to inspect measuring instruments, examine books, check other articles and question persons concerned.
(2) In cases of visiting the workplace, stores, places of business, offices, factories and warehouses of the business operator concerned and other necessary places to conduct inspections or ask questions, etc. pursuant to paragraph (1), the inspection plan, including the scheduled date and hour, reasons, contents, etc. of inspection, shall be notified to the inspected persons by not later than seven days before such inspection is conducted: Provided, That in cases of an emergency or in cases where deemed that any prior notification might cause the destruction of any evidence to make it impossible to attain the purposes of such inspection, such notification shall not be required.
(3) Where any measuring instrument or net quantity-indicated product is existent which is found to be difficult to be inspected on the spot, public officials assigned to visit the places of business, conduct inspections or request questions in accordance with paragraph (1) (hereinafter referred to as "public officials in charge of inspecting measuring instruments") may request the owner or occupant concerned to move such measuring instrument or product to a designated place for a fixed period.
(4) The public officials in charge of inspecting measuring instruments shall carry certificates indicating their authority with them, and present them to the parties concerned.
(5) Procedures for reporting and inspections, standards for inspections, and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 35 (Corrective Orders)   print
A Mayor/Do Governor may order the owner or occupant of measuring instruments which are found not to be marked properly with the degree of precision, etc. as a result of inspections conducted pursuant to Article 32 (1), to correct the measuring instruments and marks in question within a period not exceeding three months.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 36 (Judicial Police Power)   print
With respect to crimes provided for in this Act, the public officials in charge of inspecting measuring instruments shall perform the duties of judicial police officers as prescribed by the Act on the Persons Performing the Duties of Judicial Police Officials and the Scope of Their Duties.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 37 (Handling of Illegal Measuring Instruments)   print
(1) With respect to any of the following measuring instruments, a Mayor/Do Governor shall remove its seal or stamp a cancellation mark thereon:
1. Measuring instruments manufactured or repaired by any person who has not registered his/her business in accordance with Article 6 (1);
2. Measuring instruments restricted in use or possession in accordance with each subparagraph of Article 10.
(2) A Mayor/Do Governor may order any person who has violated Article 8 or 25 to mark the degree of precision, etc. or the net quantity or to correct such mark or take other necessary dispositions.
(3) In taking dispositions prescribed in paragraphs (1) and (2), a Mayor/Do Governor shall notify the owner or occupant of measuring instruments or net quantity-indicated products of the reasons thereof.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 38 (Registration Cancellation or Business Suspension)   print
If any manufacturer, any importer, or any person who has registered the business of measurement and certification falls under any of the following subparagraphs, a Mayor/Do Governor may cancel his/her registration or order the business suspension for a fixed period not exceeding one year: Provided, That if he/she falls under subparagraph 1, his/her registration shall be cancelled:
1. If he/she has registered his/her business pursuant to Article 6 (1) in a false or any other illegal means;
2. If he/she ceases to meet the requirements for registration prescribed in Article 6 (2);
3. If he/she has transferred, leased, or displayed or stored for transferring or leasing, the measuring instruments restricted in transfer, etc., in violation of Article 9;
4. If he/she has used, or possessed for using, the measuring instruments restricted in use, etc. for taking legal measurements, in violation of Article 10.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 39 (Support for Measurement Projects)   print
The Minister of Trade, Industry and Energy may support an institution or an organization engaged in any of the following projects to facilitate the sound development of the measurement industry and to maintain the fair order of transactions: <Amended by Act No. 11690, Mar. 23, 2013>
1. A project designed to improve testing and inspection capacity and disseminate measuring technology for developing the measurement industry;
2. A project designed to cultivate professional manpower of technology in the measurement industry;
3. A project designed to survey net quantity-indicated products;
4. A project designed to conclude an agreement with domestic or foreign testing institutions with respect to the mutual recognition of the type approval of measuring instruments;
5. Other projects recognized by the Minister of Trade, Industry and Energy as necessary for developing the measurement system and maintaining the order of transactions. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 40 (Korea Association of Standards and Testing Organizations)   print
(1) Manufacturers and persons designated as institutions in exclusive charge of State correction in accordance with Article 14 (3) of the Framework Act on National Standards may establish a Korea Association of Standards and Testing Organization (hereinafter referred to as the "Association") subject to authorization by the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Association shall carry out any of the following projects:
1. A project relating to guidance, survey, public relations, etc. aimed at developing the measurement industry and enhancing the precision of measurements;
2. A project relating to the cultivation of professional manpower of technology in the measurement industry;
3. A project relating to the development and dissemination of the technical standards for measuring instruments and the collective standards under Article 27 of the Industrial Standardization Act;
4. A project relating to the product certification of measuring instruments under Article 22 of the Framework Act on National Standards and the recognition of testing and inspection institutions under Article 23 of the same Act;
5. A project relating to the promotion of cooperation with international organizations and foreign organizations concerned with measurement;
6. Other projects relating to measurement, which are designated or commissioned by the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Association shall be a juristic person.
(4) Matters necessary for the establishment, operation, supervision, etc. of the Association shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 41 (Hearings)   print
(1) The Minister of Trade, Industry and Energy shall hold a hearing when he/she intends to cancel the designation provided for in each of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013>
1. Cancellation of designation of a type approval institution under Article 15 (1);
2. Cancellation of designation of a testing institution or self-testing manufacturer under Article 22;
3. Cancellation of designation of a conformity assessment institution under Article 28 (1).
(2) A Mayor/Do Governor shall hold a hearing when he/she intends to cancel any registration in accordance with Article 38.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 42 (Fees)   print
Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended by Act No. 11690, Mar. 23, 2013>
1. A person who intends to file for registration pursuant to Article 6 (1);
2. A person who intends to obtain the type approval pursuant to Article 12 (1) or approval for alteration pursuant to Article 18;
3. A person who intends to have his/her measuring instruments tested pursuant to Article 20 (1);
4. A person who intends to have his/her standard measuring instrument inspected pursuant to Article 24 (1);
5. Any of the following persons who intend to have their measuring instruments undergo the regular inspection pursuant to Article 32 (2):
(a) A person who has registered his/her business of measurement and certification;
(b) A person who intends to have his/her measuring instruments inspected at a place where they are located because they are attached to land or buildings or difficult to move.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 43 (Delegation of Authority)   print
Part of authority of the Minister of Trade, Industry and Energy referred to in this Act may be delegated to a Mayor/Do Governor or the heads of institutions affiliated with the Ministry of Trade, Industry and Energy, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 44 (Entrustment of Business)   print
The Minister of Trade, Industry and Energy or a Mayor/Do Governor may entrust part of his/her business under this Act to government-funded science and technology research institutions referred to in Article 8 of the Act on the Establishment, Operation and Fosterage of Government-Funded Science and Technology Research Institutions, and other institutions or organizations engaged in related business. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 45 (Legal Fiction as Public Officials in Application of Penal Provisions)   print
For the purposes of Articles 129 through 132 of the Criminal Act, executives and employees of research institutions or other institutions and organizations engaged in business entrusted by the Minister of Trade, Industry and Energy or a Mayor/Do Governor in accordance with Article 44 shall be deemed public officials. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
CHAPTER VI PENAL PROVISIONS
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 Article 46 (Penal Provisions)   print
Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won, or may be punished by concurrent imposition of such penalties:
1. A person who runs the business of manufacturing or repairing any measuring instrument without registering his/her business, in violation of the former part of Article 6 (1) with the exception of its subparagraphs;
2. A person who transfers or leases any measuring instrument which has been manufactured by a person who is not the manufacturer of measuring instruments, in violation of subparagraph 3 of Article 9 or any measuring instrument which is not type-approved, in violation of Article 12 (1);
3. A person who alters any measuring instruments in violation of Article 11 (3) or transfers or leases any measuring instrument altered, in violation of subparagraph 6 of Article 9;
4. A person who fails to obtain the type approval or to undergo tests or the inspection of standard measuring instruments, in violation of Article 12 (1), 20 (1) or 24 (1).
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 47 (Penal Provisions)   print
Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding seven million won, or may be punished by concurrent imposition of such penalties:
1. A person who fails to mark the degree of precision, etc. or marks false degree of precision, etc. on his/her measuring instruments, in violation of Article 8;
2. A person who transfers or leases any measuring instrument not bearing a mark of the degree of precision, etc., or bearing a false mark of the degree of precision, etc. with the knowledge of the fact, in violation of subparagraph 2 of Article 9;
3. A person who transfers or leases any measuring instrument, the period of validity of the test results for which has elapsed, in violation of subparagraph 4 of Article 9;
4. A person who take legal measurement by using what are not measuring instruments, in violation of Article 10 or any measuring instrument falling under any subparagraph of the same Article, or who is in possession of such measuring instrument for the purpose of legal measurement;
5. A person who destroys the seals of measuring instrument for the purpose of altering the measuring instruments;
6. A person who uses any measuring instrument for the purpose of deceiving measurement or taking legal measurement by false.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 48 (Penal Provisions)   print
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won, or may be punished by concurrent imposition of such penalties:
1. A person who manufactures or imports any measuring instrument or product marked with nonlegal measuring units, in violation of the main sentence of Article 5 (2);
2. A person who runs the business of measurement and certification without registering his/her business, in violation of the former part of Article 6 (1) with the exception of its subparagraphs;
3. A person who transfers or leases any measuring instrument not bearing a test seal or regular inspection seal, or bearing a false seal, with the knowledge of the fact, in violation of subparagraph 5 of Article 9;
4. A person who indicates any type approval number or other similar ones thereto, in violation of Article 17 (2);
5. A person who sells any product measured in excess of the permissible error with respect to the net quantity while selling them in containers or packages, in violation of Article 25 (1);
6. A person who fails to comply with a corrective order under Article 35.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 49 (Attempted Criminal)   print
Any person who has attempted to commit any crime prescribed in subparagraphs 2 and 3 of Article 46, subparagraphs 2 and 3 of Article 47 and subparagraphs 3 and 5 of Article 48 shall be punished.
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
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 Article 50 (Joint Penal Provisions)   print
If a representative of a corporation or an agent, an employed or other servant of the corporation or an individual commits a violation under Articles 46 through 49 in relation to the business of the corporation or individual, in addition to the punishment of such violator, the corporation or the individual shall be punished by a fine under each relevant Article in addition: Provided, That where such corporation or individual has not been negligent in giving the due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.
[This Article Wholly Amended by Act No. 9217, Dec. 26, 2008]
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 Article 51 (Fines for Negligence)   print
(1) Any of the following persons shall be punished by a fine for negligence not exceeding three million won:
1. A person who transfers or leases any measuring instrument marked with nonlegal measuring units, in violation of the main sentence of subparagraph 1 of Article 9;
2. A person who fails to indicate the net quantity of products on their containers or packages or to affix the trade name or his/her name to their containers or packages, in violation of Article 25 (2);
3. A person who indicates the self-declaration of conformity on any net quantity-indicated product for which the self-declaration of conformity was not made, in violation of Article 29 (2);
4. A person who fails to remove the indication of the self-declaration of conformity, in violation of the order referred to in Article 30 or 31 (2);
5. A person who fails to have his/her measuring instruments undergo the regular inspection referred to in Article 32 (2).
(2) Any of the following persons shall be punished by a fine for negligence not exceeding one million won:
1. A person who uses any nonlegal measuring units for measurement or advertisement, in violation of Article 5 (1);
2. A person who fails to register any alteration of registration, in violation of the latter part of Article 6 (1) with the exception of its subparagraphs;
3. A person who takes a measurement in excess of the permissible error, in violation of Article 11 (1);
4. A person who fails to have his/her measuring instruments re-tested or his/her standard measuring instruments re-inspected, the period of validity for which has expired, in violation of Article 20 (4) or 24 (3);
5. A person who rejects, obstructs or dodges the filing of reports, furnishing of data or inspection prescribed in Article 34 (1);
6. A person who fails to comply with a request to move his/her measuring instruments or products, in violation of Article 34 (3).
(3) Fines for negligence referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Trade, Industry and Energy or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10530, Apr. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 12 (3), 14, 15, 26 (2), 27, 28 and 41 shall enter into force one year after the date of its promulgation; and Articles 12 (1) and 26 (1), subparagraph 3 of Article 46, and Article 51 (1) 4 and 5, one and half year after the date of its promulgation.
Article 2 (Transitional Measures concerning Type Approval and Test of Measuring Instruments and Inspection Period of Standard Measuring Instruments)
Any measuring instruments for which the type approval or test is granted or conducted or any standard measuring instruments for which the inspection is conducted under the previous provisons at the time this Act enters into force shall be deemed that such type approval, test or inspection is granted or conducted under this Act within the limit of their valid period.
Article 3 (Transitional Measures concerning Type Approval Institutions and Test Institutions for Measuring Instruments)
Any person who is designated as an institution conducting tests under the previous provisons at the time this Act enters into force shall be deemed designated as a type approval institution or a test institution under Articles 14 and 21.
Article 4 (Transitional Measures concerning Penal Provisions)
The application of the penal provisions to any act committed before this Act enters into force shall be governed by the previous provisions.
Article 5 (Relationship with other Acts)
In cases where the provisions of the former Measures Act are cited in any other Acts at the time this Act enters into force, if there exist any corresponding provisions in this Act, this Act or the corresponding provisions in this Act shall be deemed cited in lieu of the previous provisions.
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 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. 9217, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9496, Mar. 18, 2009>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 10530, Apr. 4, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Deleted.
Articles 2 through 7 Omitted.