Quality Control And Safety Management Of Industrial Products Act


Published: 2011-07-25

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to provide for matters concerning the development of and support for quality control in enterprises, public institutions, organizations, etc. and matters concerning the safety management of industrial products with the aim of strengthening the competitiveness of enterprises, public institutions, organizations, etc. in terms of quality and protecting the interests and safety of consumers.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "quality control" means management activities conducted by enterprises, public institutions, organizations, etc. (hereinafter referred to as "enterprises, etc.") to systematically design, control and improve the quality of industrial products to attain the quality targets established by such enterprises, etc. to meet the needs of consumers;
2. The term "quality control system" means systems established by enterprises, etc. to be appropriate for realizing the quality control by utilizing human and physical resources (including special quality control systems by industry prescribed by Presidential Decree);
3. The term "international standards" means the international standards set by the International Organization for Standardization (ISO) with respect to quality control systems;
4. The term "certification of quality control systems" means to certify that the quality control system of an enterprise, etc. is in conformity with international standards;
5. The term "industrial products" means final products or parts or accessories of such products manufactured through an industrial process so that a consumer can use them without additional processing (excluding simple assembly);
6. The term "safety management of industrial products" means to control manufacturing (referring to production, assembly and processing; hereinafter the same shall apply), importation, sale, etc. of industrial products to prevent hazards to the life and body of consumers, damages to property, or harm to the natural environment that might be caused in the course of handling and using such products (excluding those controlled by other Acts and subordinate statutes; hereinafter the same shall apply);
7. The term "safety certification" means to certify the safety of an industrial product by conducting both product tests (referring to tests and inspections of an industrial product manufactured for sale; hereinafter the same shall apply) and factory inspections (referring to examinations of manufacturing facilities, self-inspection facilities, technical capacity, and manufacturing systems; hereinafter the same shall apply) or by conducting product tests only;
8. The term "industrial products subject to safety certification" means industrial products prescribed by Ordinance of the Ministry of Knowledge Economy, the hazards of which are recognized as preventable through safety certification, among those identified as highly likely to cause hazards to the life and body of consumers, damage to property, or harm to the natural environment due to their structure, materials used, method of use, etc.;
9. The term "industrial products subject to safety self-assurance" means industrial products prescribed by Ordinance of the Ministry of Knowledge Economy, the hazards of which are recognized as preventable by conducting product tests only, among those identified as likely to cause hazards to the body of consumers due to their structure, materials used, or method of use, etc.;
10. The term "industrial products subject to labeling of safety or quality" means the industrial products prescribed by Ordinance of the Ministry of Knowledge Economy with which a consumer is likely to encounter a mishap or suffer harm while handling, using, or transporting such products and those in which case a consumer might have difficulty in identifying their ingredients, performance, specifications, etc.;
11. The term "child-resistant packaging" means packaging (including containers) designed and devised to be easy for adults to open, but difficult for a child of less than five years old to take out the contents therefrom within a certain time frame;
12. The term "industrial products requiring child-resistant packaging" means industrial products subject to child-resistant packaging prescribed by Ordinance of the Ministry of Knowledge Economy among industrial products likely to cause hazards of poisoning, etc. if a consumer drinks or inhales any of such;
13. The term "industrial products subject to safety management" means the following industrial products:
(a) Industrial products subject to safety certification;
(b) Industrial products subject to safety self-assurance;
(c) Industrial products subject to labeling of safety and quality;
(d) Industrial products requiring child-resistant packaging.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
CHAPTER Ⅱ QUALITY CONTROL
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 Article 3 (Comprehensive Policies for Quality Control)   print
(1) The Minister of Knowledge Economy shall establish and implement a comprehensive policy on quality control (hereinafter referred to as "comprehensive policies") to efficiently achieve quality control of enterprises, etc. every five years.
(2) Comprehensive policies on quality control shall include the following matters:
1. Basic direction-setting for quality control;
2. Matters concerning the development of and support for an environment for facilitating quality control;
3. Matters concerning the development and dissemination of quality control techniques;
4. Matters concerning education and guidance for facilitating quality control;
5. Matters concerning training and utilization of human resources specialized in the field of quality control;
6. Other matters necessary for facilitating quality control.
(3) Matters necessary for procedures, etc, for establishing comprehensive policies shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 4 (Central Promotion Headquarters for Quality Control, etc.)   print
(1) From among a corporation, public institution, or organization relating to quality control (hereinafter referred to as "corporation, etc."), the Minister of Knowledge Economy may designate a corporation, etc. prescribed by Presidential Decree as the central promotion headquarters for quality control in order to develop an environment for quality control.
(2) The central promotion headquarters for quality control shall perform the following business affairs:
1. Development of an environment for quality control;
2. Implementation of collaborative projects relating to quality control with enterprises, etc.;
3. Gathering information about difficulties that enterprises, etc. face in quality control and recommending solutions for such difficulties;
4. Promotion of international exchanges and collaborative projects with foreign institutions relating to quality control;
5. Other projects prescribed by Presidential Decree necessary for developing an environment for quality control.
(3) A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") may establish the City/Do promotion headquarters for quality control in his/her jurisdiction to promote the business affairs specified in each subparagraph of paragraph (2).
(4) The Minister of Knowledge Economy may recommend enterprises, etc. to establish an organization exclusively dedicated to quality control affairs in order to encourage enterprises, etc. to participate in developing an environment for quality control.
(5) The Minister of Knowledge Economy or a Mayor/Do Governor may lend support necessary for the central promotion headquarters for quality control or each City/Do promotion headquarters for quality control to perform the business affairs specified in each subparagraph of paragraph (2).
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 5 (Supporting Institutions for Quality Control)   print
(1) The Minister of Knowledge Economy may designate a corporation, etc. prescribed by Presidential Decree as a supporting institution for quality control, from among corporations, etc. that carry out the supporting affairs of quality control, in order to facilitate quality control by enterprises, etc.
(2) Supporting institutions for quality control may perform the following business affairs:
1. Development and dissemination of quality control techniques;
2. Development and expansion of quality control information systems;
3. Education and guidance for facilitating quality control;
4. Training of human resources specializing in quality control;
5. Other projects prescribed by Presidential Decree for facilitating quality control.
(3) The Minister of Knowledge Economy may lend support necessary for supporting institutions for quality control to perform the business affairs specified in each subparagraph of paragraph (2).
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 6 (Selection of Exemplary Quality Control Enterprises, etc.)   print
The Government may select an enterprise, etc. or a small group or individual at a manufacturing site which has attained any significant achievement, such as quality improvement, cost reduction, improvement of productivity, or improvement of service quality, as an exemplary quality control enterprise, good service quality enterprise, etc. to grant any reward or necessary support, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 7 (Accreditation, etc. of Certifying Institutions of Quality Control Systems, etc.)   print
(1) The Minister of Knowledge Economy shall designate a corporation as an accrediting institution if the corporation has the capability to grant certification (hereinafter referred to as "accreditation") to a person who intends to engage in any of the business affairs referred to in each subparagraph of paragraph (2), in compliance with international standards and meets the standards set by Ordinance of the Ministry of Knowledge Economy.
(2) Any person who intends to engage in any of the following business affairs shall be accredited by any entity designated under paragraph (1) (hereinafter referred to as"accrediting institution") or foreign accrediting institution under the control of the International Accreditation Forum, Inc. (IAF):
1. Certification of quality control systems;
2. Certification of qualifications for certification examiners in charge of examining affairs on certification of quality control systems;
3. Other affairs concerning certification of quality control systems, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(3) Any person who performs the certification affairs of quality control systems under paragraph (2) 1 (hereinafter referred to as "certifying institution") shall submit a report on the certification status of quality control systems, to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(4) Every accrediting institution shall establish and publicly notify its operating rules, including standards and procedures for accreditation, the revocation thereof and details concerning control and supervision over the affairs of certifying institutions. The same shall apply to the amendment to such rules.
(5) Every accrediting institution shall submit a report on its operating rules referred to in paragraph (4) and the operating status of accreditation affairs to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(6) If any accrediting institution fails to comply with international standards in handling its affairs, the Minister of Knowledge Economy may issue an order to correct such non-compliance.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 7-2 (Improvement of Reliability in Certification of Quality Control Systems)   print
(1) The Minister of Knowledge Economy may perform the following business affairs, as prescribed by Ordinance of the Ministry of Knowledge Economy, to raise reliability in the certification of quality control systems and expand quality control:
1. Fact-finding investigations of certifying institutions (including any branches thereof; hereafter the same shall apply in this Article) and certification of quality control systems;
2. Operation of reporting centers on fraudulent certification;
3. Establishment and operation of control system certification information networks to provide information on certification of quality control systems and disclose information on fraudulent certification;
4. Other business affairs prescribed by Ordinance of the Ministry of Knowledge Economy to raise reliability in certification of quality control systems.
(2) The Minister of Knowledge Economy may require relevant certifying institutions, corporations, etc. to submit data stipulated by international standards and prescribed by Ordinance of the Ministry of Knowledge Economy in connection with the business affairs referred to in each subparagraph of paragraph (1). In such cases, such certifying institutions shall comply therewith except in extenuating circumstances.
(3) If it is found, as a result of the performance of business under each subparagraph of paragraph (1), that any certifying institution has issued or is likely to issue fraudulent certification by performing its certification affairs not in compliance with international standards, the Minister of Knowledge Economy may require the relevant accrediting institution to tighten control over such certifying institution and to correct such non-compliance.
[This Article Newly Inserted Amended by Act No. 10961, Jul. 25, 2011]
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 Article 7-3 (Designation, etc. of Management Agencies)   print
(1) The Minister of Knowledge Economy may designate any institution or organization meeting the standards set by Ordinance of the Ministry of Knowledge Economy to perform the following business affairs on his/her behalf. In such cases, the Minister of Knowledge Economy may subsidize expenses incurred therein:
1. Receipt and management of data reported under Article 7 (3);
2. Projects for improving reliability in certification of quality control systems under each subparagraph of Article 7-2 (1).
(2) Any institution or organization designated under paragraph (1) shall report the execution plan, current status, etc. of the business affairs it performs as an agency to the Minister of Knowledge Economy, as prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Newly Inserted Amended by Act No. 10961, Jul. 25, 2011]
CHAPTER Ⅲ SAFETY MANAGEMENT OF INDUSTRIAL PRODUCTS
SECTION 1 Basic Principles, etc.
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 Articles 8 Deleted.<by Act No. 10028, Feb. 4, 2010>   print
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 Articles 9 Deleted.<by Act No. 10028, Feb. 4, 2010>   print
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 Articles 10 Deleted.<by Act No. 10028, Feb. 4, 2010>   print
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 Article 11 (Deliberation Committee on Safety of Industrial Products)   print
(1) A Deliberation Committee on the Safety of Industrial Products (hereinafter referred to as the "Committee") shall be established within the Ministry of Knowledge Economy to deliberate on the following matters relating to the safety management of industrial products:
1. Matters concerning the designation of industrial products subject to safety certification and modification of such designation;
2. Matters concerning the establishment and amendments of the standards relating to the tests and inspections of industrial products subject to safety certification;
3. Matters requested by the Minister of Knowledge Economy for deliberation in connection with the disposition of, or measures against industrial products in violation of the provisions of this Act;
4. Other matters prescribed by Presidential Decree for securing the safety of industrial products.
(2) The Committee shall be comprised of not more than 20 members including one chairperson, and the chairperson shall be elected from among its members, while the following persons shall be the members of the Committee:
1. Public officials appointed by the head of the agency to which they belong, from among public officials in Class Ⅲ or an equivalent position performing the duties relating to consumer safety in the Ministry of Strategy and Finance, the Ministry of Knowledge Economy, the Ministry of Health and Welfare, the Ministry of Environment, the Korea Fair Trade Commission, and other relevant central administrative agencies prescribed by Presidential Decree;
2. Employees of the Korea Consumer Protection Board appointed by the President thereof, from among employees in charge of duties relating to consumer safety in the Korea Consumer Protection Board established under Article 33 of the Framework Act on Consumers;
3. Persons commissioned by the Minister of Knowledge Economy, from among those recommended by non-governmental organizations relating to the safety of industrial products among non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
4. Persons commissioned by the Minister of Knowledge Economy from among those who have considerable knowledge and experience in the field of safety management of industrial products.
(3) The term of office of members referred to in paragraph (2) 3 and 4 shall be three years, and the consecutive appointment may be permitted.
(4) The Committee may have special sub-committees by fields of business to examine special issues.
(5) Matters necessary for the meetings, operation, etc. of the Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
SECTION 2 Industrial Products subject to Safety Certification
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 Article 12 (Designation, etc. of Safety-Certifying Institutions)   print
(1) The Minister of Knowledge Economy may designate an institution which performs the safety certification affairs of industrial products to secure the safety of industrial products.
(2) Any person who intends to be designated under paragraph (1) shall meet the requirements prescribed by Presidential Decree for testing and inspection facilities, examination personnel, etc. necessary for safety certification and shall file an application with the Minister of Knowledge Economy.
(3) The Minister of Knowledge Economy may provide any institution designated under paragraph (1) (hereinafter referred to as "safety-certifying institution") with support necessary for performing safety certification affairs.
(4) Matters necessary for procedures for, methods of designation under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 13 (Revocation, etc. of Designation of Safety-Certifying Institutions)   print
(1) The Minister of Knowledge Economy may revoke the designation or issue an order to suspend all or some of the relevant affairs for a period up to one year, if any safety-certifying institution falls under any of the following subparagraphs: Provided, That if such institution falls under subparagraph 1 or 2, the designation thereof shall be revoked:
1. If it has been designated as a safety-certifying institution by false or other fraudulent means;
2. If it has continued safety certification affairs during the period of business suspension;
3. If it refuses to process an application for safety certification without justifiable grounds;
4. If it processes safety certification, in violation of Article 14 (3);
5. If it attaches any condition, in violation of Article 14 (4);
6. If it fails to prepare or keep safety certification records, in violation of Article 14 (5), or prepares or keeps any false record;
7. If it processes any safety certification, in violation of Article 18 (3).
(2) Matters necessary for standards and procedures for the revocation of designation and business suspension under paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 14 (Safety Certification, etc.)   print
(1) Any manufacturer (including any person who manufactures industrial products subject to safety certification and exports them to the Republic of Korea; hereinafter the same shall apply) or importer of an industrial product subject to safety certification shall obtain safety certification for the industrial products subject to safety certification from any safety-certifying institution by the following means, as prescribed by Ordinance of the Ministry of Knowledge Economy:
1. To undergo product tests and factory inspections in cases where he/she obtains the safety certification of the model of an industrial product (referring to the type of a product with a unique name prescribed by Ordinance of the Ministry of Ministry of Knowledge Economy; hereinafter the same shall apply);
2. To undergo product tests only in cases where he/she obtains the safety certification of an industrial product manufactured and imported in a certain quantity or produced on one occasion only.
(2) When every manufacturer of an industrial product subject to safety certification intends to modify safety-certified matters, he/she shall apply for modification of safety certification to the relevant safety-certifying institution in accordance with methods and procedures prescribed by Ordinance of the Ministry of Knowledge Economy.
(3) Safety-certifying institutions shall grant safety certification to an industrial product subject to safety certification if such product meets the safety standards for product tests and standards for factory inspections prescribed and announced by the Minister of Knowledge Economy: Provided, That it may grant safety certification, by applying mutatis mutandis relevant international standards, Korean or foreign standards, etc. to an industrial product subject to safety certification, the safety standards for which are not announced or to which the announced safety standards are not applicable, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(4) Safety-certifying institutions may attach conditions to safety certification, as prescribed by Ordinance of the Ministry of Knowledge Economy, if necessary.
(5) Safety-certifying institutions shall prepare and keep safety certification records, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(6) To ascertain whether the safety of an industrial product subject to safety certification is maintained as certified, a safety-certifying institution may conduct a periodic inspection of the industrial product subject to safety certification or factory of a manufacturer of the industrial product subject to safety certification once every two years in accordance with the methods and procedures prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That frequent inspections may be conducted in special circumstances where an industrial product subject to safety certification encounters safety issues.
(7) Every manufacturer of an industrial product subject to safety certification shall conduct self-inspections to ascertain whether the safety of industrial products manufactured after obtaining such safety certification is maintained, as prescribed by Ordinance of the Ministry of Knowledge Economy, and shall prepare and keep the records of such inspections.
(8) Safety-certifying institutions may exempt the manufacturer of an industrial product subject to safety certification which exhibits good performance in periodic inspections under the main sentence of paragraph (6) and self-inspections under paragraph (7) from all or some of periodic inspections under the main sentence of paragraph (6).
(9) Safety-certifying institutions may enter into an agreement with a domestic or foreign institution specializing in tests and inspections of the safety of industrial products subject to safety certification to mutually recognize the results of product tests or factory inspections for industrial products subject to safety certification, as prescribed by of Ordinance of the Ministry of Knowledge Economy.
(10) The provisions of paragraphs (2), (4), (6) through (8) shall not apply where safety certification is obtained in the manner referred to in paragraph (1) 2.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 15 (Exemption from Safety Certification)   print
(1) Where any industrial product subject to safety certification falls under any of the following cases, the Minister of Knowledge Economy may exempt such industrial product from safety certification fully or partially, as prescribed by Ordinance of the Ministry of Knowledge Economy, notwithstanding the provisions of Article 14 (1):
1. Where it is manufactured or imported for the purposes of research, development or exportation;
2. Where it has obtained safety certification from a foreign safety- certifying institution determined and publicly notified by the Minister of Knowledge Economy;
3. Where it has obtained certification pursuant to Article 15 of the Industrial Standardization Act;
4. Where it has obtained safety certification pursuant to Article 34 (2) or (4) of the Occupational Safety and Health Act;
5. Where it has undergone a product test or factory inspection conducted by the domestic or foreign institution with which the safety-certifying institution has entered into a mutual recognition agreement under Article 14 (9) and been recognized as compliant;
6. Other cases prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) Industrial products fully exempted from safety certification under paragraph (1) shall be deemed obtained safety certification.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 16 (Safety Certification Marks, etc.)   print
(1) Every manufacturer or importer of an industrial product subject to safety certification shall place a safety certification mark (hereinafter referred to as "safety certification mark") on the industrial product, the safety certification of which is obtained, as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That this shall not apply to an industrial product subject to safety certification fully exempted from the safety certification under Article 15 (1) 1.
(2) No industrial product subject to safety certification shall bear the safety certification mark or any similar mark without obtaining safety certification.
(3) None of the following persons shall modify or remove, without due authorization, the safety certification mark placed on an industrial product, the safety certification of which has been obtained:
1. A manufacturer, importer, or distributor of industrial products subject to safety certification;
2. A person who uses industrial products subject to safety certification for his/her business (hereinafter referred to as "commercial user").
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 17 (Prohibition of Sale, Use, etc.)   print
(1) No manufacturer, importer, or distributor of an industrial product subject to safety certification shall sell the industrial product bearing no safety certification mark, or import, display or store such product for sale.
(2) No commercial user of an industrial product subject to safety certification shall use any industrial product bearing no safety certification mark for his/her business.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 18 (Revocation, etc. of Safety Certification)   print
(1) If a manufacturer of an industrial product subject to safety certification for which a safety certification has been obtained falls under any of the following cases, safety-certifying institutions may revoke such safety certification or prohibit such manufacturer from using the safety certification mark for up to six months, as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That safety certification shall be revoked if such manufacturer falls under subparagraph 1 or 8:
1. If it has obtained safety certification by false or other fraudulent means;
2. If the industrial product subject to safety certification manufactured after obtaining safety certification fails to meet the safety standards for product tests or standards for factory inspections under Article 14 (3);
3. If the manufacturer fails to satisfy conditions imposed under Article 14 (4);
4. If the manufacturer rejects, interferes with, or evades periodic inspections or frequent inspections under Article 14 (6);
5. If the manufacturer fails to conduct self-inspections under Article 14 (7);
6. If the manufacturer fails to prepare or keep the records of self-inspections under Article 14 (7) or prepares or keeps any false record;
7. If the manufacturer fails to place the safety certification mark required under the main sentence of Article 16 (1), or place a false mark;
8. If the manufacturer who has been prohibited from using the safety certification mark as he/she falls under subparagraphs 2 through 7 uses the safety certification mark.
(2) If safety-certifying institutions revokes safety certification or prohibits the use of the safety certification marks under paragraph (1), they shall publicly notify such fact, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(3) Once safety-certifying institutions have revoked the safety certification for a certain industrial product under paragraph (1), they shall not grant safety certification for the industrial product of the same model within one year from the date of revocation.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
SECTION 3 Industrial Products subject to Safety Self-Assurance
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 Article 19 (Reporting, etc. on Industrial Products subject to Safety Self-Assurance)   print
(1) Every manufacturer or importer of an industrial product subject to safety self-assurance shall assure for himself/herself that each model of industrial products subject to safety self-assurance meets the safety standards under paragraph (2) by undergoing a test and inspection for safety conducted by a testing and inspection institution designated under paragraph (3) (hereinafter referred to as "safety self-assurance"), as prescribed by Ordinance of the Ministry of Knowledge Economy, and shall file a report thereon with the Minister of Knowledge Economy. Where he/she intends to modify any reported matters, he/she shall file a report on such modification.
(2) Testing and inspection institutions designated under paragraph (3) shall conduct tests and inspections by applying the safety standards for industrial products subject to safety self-assurance determined and announced by the Minister of Knowledge Economy: Provided, That in cases of industrial products subject to safety self-assurance, the safety standards for which are not announced or to which the announced safety standards are not applicable, they may conduct tests and inspections by applying mutatis mutandis relevant international standards or Korean or foreign standards, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(3) The Minister of Knowledge Economy shall designate and announce institutions meeting requirements prescribed by Ordinance of the Ministry of Knowledge Economy, from among testing and inspecting institutions accredited under Article 23 of the Framework Act on National Standards as testing and inspection institutions of industrial products subject to safety self-assurance (hereafter referred to as "testing and inspection institution" in this Article). If any testing and inspection institution is designated, the Minister of Knowledge Economy shall announce such designation.
(4) The term of validity for safety self-assurance under paragraph (1) shall be five years and be reckoned from the date on which a report on safety self-assurance is filed.
(5) Upon filing a report under paragraph (1), a manufacturer or importer of an industrial product subject to safety self-assurance shall retain the documents evidencing that the product meets the safety standards under paragraph (2), as prescribed by Ordinance of the Ministry of Knowledge Economy.
(6) Testing and inspection institutions may enter into an agreement with a domestic or foreign institution specializing in tests and inspections of the safety of industrial products subject to safety self-assurance to mutually recognize the results of tests and inspections for industrial products subject to safety self-assurance, as prescribed by Ordinance of the Ministry of Knowledge Economy.
(7) If an industrial product subject to safety self-assurance falls under any of the following cases, the Minister of Knowledge Economy may exempt the product from being reported required under paragraph (1) or exempt it from all or some of tests and inspections, as prescribed by Ordinance of the Ministry of Knowledge Economy:
1. If it is manufactured or imported for the purposes of research, development or exportation;
2. If it has obtained certification pursuant to Article 15 of the Industrial Standardization Act;
3. If it has obtained safety certification pursuant to Article 34 (2) or (4) of the Occupational Safety and Health Act;
4. If it has filed a report on safety self-assurance pursuant to Article 35 (1) of the Occupational Safety and Health Act;
5. If it has undergone a test or inspection conducted by the domestic or foreign institution with which the relevant testing and inspection institution has entered into a mutual recognition agreement under paragraph (6) and been recognized as compliant;
6. If a report is otherwise not required for the product as specified and publicly notified by the Minister of Knowledge Economy.
(8) The Minister of Knowledge Economy may revoke the designation or issue an order to suspend all or some of the relevant affairs for a period up to one year, if any testing and inspection institution falls under any of the following cases: Provided, That if such institution falls under subparagraph 1 or 2, the designation thereof shall be revoked:
1. If it has been designated as a testing and inspection institution by false or other fraudulent means;
2. If it has conducted tests and inspections of any industrial product subject to safety self-assurance during the period of business suspension;
3. If it refuses to conduct tests and inspections of any industrial product subject to safety self-assurance without justifiable grounds;
4. If it has issued a test or inspection certificate of any industrial product subject to safety self-assurance, in violation of the safety standards under paragraph (2);
5. If it ceases to meet the requirements for designation of testing and inspection institutions under paragraph (3).
(9) The Minister of Knowledge and Economy may instruct and supervise testing and inspection institutions, if necessary.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 20 (Safety Self-Assurance Marks, etc.)   print
(1) Every manufacturer or importer of an industrial product subject to safety self-assurance shall place a safety self-assurance mark (hereinafter referred to as "safety self-assurance mark") on the industrial product subject to safety self-assurance reported to the Minister of Knowledge Economy under Article 19 (1), as prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That this shall not apply to the industrial products subject to safety self-assurance, but exempted from being reported under Article 19 (5).
(2) No safety self-assurance mark or any similar mark or label may be place on any industrial product subject to safety self-assurance without filing a report under Article 19 (1).
(3) No manufacturer, importer, distributor, or commercial user of an industrial product subject to safety self-assurance may modify or remove, without due authorization, the safety self-assurance mark placed on any industrial product subject to safety self-assurance.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 21 (Prohibition of Sale, Use, etc.)   print
(1) No manufacturer, importer, or distributor of any industrial product subject to safety self-assurance shall sell the industrial product subject to safety self-assurance bearing no safety self-assurance mark, or import, display or store such product for sale.
(2) No commercial user of an industrial product subject to safety self-assurance shall use the industrial product bearing no safety self-assurance mark for his/her business.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
SECTION 4 Industrial Products subject to Labeling of Safety or Quality
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 Article 22 (Safety or Quality Marks of Industrial Products subject to Labeling of Safety or Quality)   print
(1) Every manufacturer and importer of an industrial product subject to labeling of safety or quality shall place a safety or quality mark (hereinafter referred to as "safety or quality mark") on the industrial product subject to labeling of safety or quality meeting the safety standards prescribed and announced by the Minister of Knowledge Economy. In such cases, the method of labeling safety shall be prescribed by Ordinance of the Ministry of Knowledge and Economy and the method of labeling quality shall be prescribed and announced by the Minister of Knowledge Economy.
(2) No manufacturer, importer or distributor of any industrial product subject to labeling of safety or quality shall sell the industrial product bearing no safety or quality mark, nor import, display or store such industrial product for sale.
(3) With regard to industrial products subject to labeling of safety or quality, for which safety standards are not announced under paragraph (1), or to which the announced safety standards are not applicable, the manufacturer or importer shall determine whether safety standards are met by applying mutatis mutandis relevant international standards, Korean or foreign standards, etc., as prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 23 (Prohibition, etc. of False Safety or Quality Marks)   print
(1) No manufacturer or importer of any industrial product subject to labeling of safety or quality shall place any false safety or quality mark on such industrial product.
(2) No distributor of any industrial product subject to labeling of safety or quality shall modify or remove, without due authorization, the safety or quality mark placed on such industrial product.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
SECTION 5 Industrial Products Requiring Child-Resistant Packaging
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 Article 24 (Reporting, etc. on Industrial Products Requiring Child-Resistant Packaging)   print
(1) Every manufacturer and importer of an industrial product requiring child-resistant packaging shall use child-resistant packaging in manufacturing or importing such product: Provided, That the foregoing shall not apply to any of the following cases subject to prior verification by the Minister of Knowledge Economy:
1. Where the product is manufactured or imported for the purpose of selling to a manufacturer of an industrial product;
2. Where the product is manufactured or imported for the purposes of research, development or exportation.
(2) Every manufacturer and importer of an industrial product requiring child-resistant packaging shall report the details of the child-resistant packaging based on each model of such industrial product to the Minister of Knowledge Economy, when using such child-resistant packaging in accordance with the main sentence other than the subparagraph of paragraph (1). The foregoing shall also apply to any modification of the details already reported.
(3) The Minister of Knowledge Economy shall establish and publicly notify the safety standards applicable to the industrial products requiring child-resistant packaging.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 25 (Labeling, etc. of Child-Resistant Packaging)   print
(1) Every manufacturer and importer of an industrial product requiring child-resistant packaging shall place a label on each industrial product requiring child-resistant packaging indicating that child-resistant packaging is used on the product (hereinafter referred to as "label of child-resistant packaging"), as prescribed by Ordinance of the Ministry of Knowledge Economy, where a report under Article 24 (2) has been filed.
(2) No label of child-resistant packaging or any similar label shall be placed on any industrial product subject to labeling of child-resistant packaging not reported under Article 24 (2).
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 26 (Prohibition of Sale, etc.)   print
No manufacturer, importer, or distributor of an industrial product requiring child-resistant packaging shall sell any industrial product requiring child-resistant packaging but bearing no label of child-resistant packaging, nor import, display or store such product for sale.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 27 (Restriction on Sale by Age of Users)   print
Where the age of a child who is able to use an industrial product subject to safety control is prescribed by the safety standards under the main sentence of Article 14 (3), the main sentence of Article 19 (2), Article 22 (1) or 24 (3) (referring to such standard as applied in cases where safety certification or safety self-assurance is conducted or a decision as to whether the safety standards are met is made as prescribed in the proviso to Article 14 (3)), no distributor of such industrial product shall sell such product to any child who has not attained such age.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Articles 28 Deleted.<by Act No. 10028, Feb. 4, 2010>   print
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 Articles 29 Deleted.<by Act No. 10028, Feb. 4, 2010>   print
CHAPTER Ⅳ SUPPLEMENTARY PROVISIONS
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 Article 30 Deleted.<by Act No. 10028, Feb. 4, 2010>   print
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 Article 31 (Orders, etc. for Suspension of Sale, etc.)   print
(1) Where a manufacturer, importer, distributor or commercial user of any industrial product subject to safety certification falls under any of the following cases, a Mayor/Do Governor may issue an order to suspend selling, improve, collect or destroy (hereinafter referred to as "suspension of sale, etc.") such industrial product within a specified period, as prescribed by Presidential Decree:
1. Where he/she fails to obtain safety certification under Article 14 (1);
2. Where he/she has manufactured or imported any industrial products subject to safety certification that does not meet the safety standards for product tests or standards for factory inspections under the main sentence of Article 14 (3) (referring to such standards as applied for safety certification, if such certification is obtained pursuant to the proviso to Article 14 (3));
3. Where he/she fails to place the safety certification mark on any industrial product subject to safety certification so certified, in violation of the main sentence of Article 16 (1);
4. Where he/she has placed the safety certification mark or any similar mark on any industrial product subject to safety certification without obtaining such safety certification, in violation of Article 16 (2);
5. Where he/she has modified or removed the safety certification mark without due authorization, in violation of Article 16 (3);
6. Where he/she has sold an industrial product subject to safety certification but bearing no safety certification mark, or imported, displayed, or stored such product for sale, in violation of Article 17 (1);
7. Where he/she has used an industrial product subject to safety certification bearing no safety certification mark for his/her business, in violation of Article 17 (2).
(2) Where a manufacturer, importer, distributor or commercial user of any industrial product subject to safety self-assurance falls under any of the following cases, a Mayor/Do Governor may issue an order for suspension of sale, etc. of such industrial product within a specified period, as prescribed by Presidential Decree:
1. Where he/she fails to file a report (including a report of modification) under Article 19 (1);
2. Where he/she has manufactured or imported an industrial product subject to safety self-assurance which does not meet the safety standards under the main sentence of Article 19 (2) (referring to such standards as applied to tests and inspections if such test and inspections are conducted under the proviso to Article 19 (2));
3. Where he/she fails to place the safety self-assurance mark on the reported industrial products subject to safety self-assurance, in violation of the main sentence of Article 20 (1);
4. Where he/she has placed the safety self-assurance mark or any similar mark on the industrial product subject to safety self-assurance not reported, in violation of Article 20 (2);
5. Where he/she has modified or removed the safety self-assurance mark without due authorization, in violation of Article 20 (3);
6. Where he/she has sold an industrial product subject to safety self-assurance bearing no safety self-assurance mark, or imported, displayed, or stored such product for sale, in violation of Article 21 (1);
7. Where he/she has used an industrial product subject to safety self-assurance bearing no safety self-assurance mark for his/her business, in violation of Article 21 (2).
(3) Where a manufacturer, importer or distributor of any industrial product subject to labeling of safety or quality falls under any of the following cases, a Mayor/Do Governor may issue an order for suspension of sale, etc. of such industrial product within a specified period, as prescribed by Presidential Decree:
1. Where he/she has manufactured or imported an industrial product subject to labeling of safety or quality that does not meet the safety standards under Article 22 (1) (referring to such standards as applied to determine whether the safety standards are complied with under Article 22 (3));
2. Where he/she fails to place the safety or quality mark, in violation of Article 22 (1);
3. Where he/she has sold an industrial product subject to labeling of safety or quality bearing no safety or quality mark, or imported, displayed or stored such industrial product for sale, in violation of Article 22 (2);
4. Where he/she has placed a false safety or quality mark, in violation of Article 23 (1);
5. Where he/she has modified or removed the safety or quality mark without due authorization, in violation of Article 23 (2).
(4) Where a manufacturer, importer or distributor of an industrial product requiring child-resistant packaging falls under any of the following cases, a Mayor/Do Governor may issue an order for suspension of sale, etc. of such industrial product within a specified period, as prescribed by Presidential Decree:
1. Where he/she fails to use child-resistant packaging for industrial products requiring child-resistant packaging, in violation of Article 24 (1);
2. Where he/she fails to file a report (including a report of modification), in violation of Article 24 (2);
3. Where he/she has manufactured or imported an industrial product requiring child-resistant packaging which does not meet the safety standards under Article 24 (3);
4. Where he/she fails to place a label of child-resistant packaging on any reported industrial product requiring child-resistant packaging, in violation of Article 25 (1);
5. Where he/she has used a label of child-resistant packaging or any similar label for any industrial product requiring child-resistant packaging not reported, in violation of Article 25 (2);
6. Where he/she has used an industrial product requiring child-resistant packaging but bearing no label of child-resistant packaging, or imported, displayed, or stored such industrial product for sale, in violation of Article 26.
(5) If any manufacturer, importer, distributor or commercial user fails to comply with an order for suspension of sale, etc. issued under paragraphs (1) through (4), a Mayor/Do Governor may require his/her subordinate public official to collect or destroy the relevant products firsthand at the expense of such manufacturer, importer, distributor, or commercial user. In such cases, the public official who carries out such collection or destruction affairs shall produce a certificate, etc. indicating his/her authority to relevant persons.
(6) If a Mayor/Do Governor deems it impractical to prevent hazards by issuing an order for suspension of sale, etc. under paragraphs (1) through (4) or through the collection or destruction under paragraph (5), he/she may order the relevant manufacturer, importer, distributor or commercial user to disclose such hazards through mass media, etc. and replace or repair the relevant industrial product, refund the price thereof, or take other necessary measures.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 32 (Reporting, Inspections, etc.)   print
(1) If deemed necessary for the safety management of industrial products, the Minister of Knowledge Economy or a Mayor/Do Governor may require every manufacturer, importer or distributor of an industrial product to submit data or a report concerning the manufacturing, import, distribution, sale, etc. of the industrial product, as prescribed by Presidential Decree.
(2) If deemed necessary to conduct a field inspection as a result of reviewing the data or report submitted under paragraph (1), the Minister of Knowledge Economy or a Mayor/Do Governor may require a relevant public official to visit an office, factory, place of business, store, warehouse, or any other place as necessary to inspect the manufacturing facilities of the relevant industrial product, the relevant industrial product, documents, accounting books, and other articles or question the relevant person.
(3) The Minister of Knowledge Economy or a Mayor/Do Governor who intends to conduct an inspection or ask a question under paragraph (2) shall notify the relevant manufacturer, importer, or distributor of a plan stating the time, grounds, details, etc. of such inspection or question by no later than seven days prior to the scheduled inspection or question: Provided, that the foregoing shall not apply where urgent action is required or it is anticipated that the objective of such inspection or question will not be achieved by destruction of evidence, etc.
(4) Every public official who visits to conduct inspections or ask questions under paragraph (2) shall produce a certificate, etc. indicating his/her authority to relevant persons, and deliver a document describing the public official's name, time of visit, purpose of visit, etc., when making such visit.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 33 (Request for Submission of Data)   print
If deemed necessary for the safety management of industrial products, the Minister of Knowledge Economy may require a Mayor/Do Governor to submit data about the following matters, as prescribed by Ordinance of the Ministry of Knowledge Economy:
1. Matters concerning the suspension of sale, etc. under Article 31 (1) through (4);
2. Matters concerning the submission of data or reports or inspections and questions under Article 32 (1) and (2);
3. Matters concerning the disposition to impose fines for negligence under Article 41 (3) 2.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 34 (Fees)   print
(1) Any person who intends to obtain accreditation of any affairs referred to in each subparagraph of Article 7 (2) from an accrediting institution shall pay a fee, as prescribed by the articles of incorporation of the accrediting institution.
(2) Any of the following persons shall pay a fee, as prescribed by Ordinance of the Ministry of Knowledge Economy:
1. Any person who applies for safety certification under Article 14 (1);
2. Any person who applies for modification of safety certification under Article 14 (2);
3. Any person who undergoes a periodical inspection under Article 14 (6);
4. A person who undergoes a test or inspection under Article 19 (1);
5. A person who files a report on safety self-assurance (including a report of modification) under Article 19 (1).
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 35 (Hearings)   print
The Minister of Knowledge Economy shall hold a hearing to take any of the following dispositions:
1. Revocation of the designation of safety-certifying institutions under Article 13 (1);
2. Revocation of the designation of testing and inspection institutions under Article 19 (8).
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 36 (Delegation and Commission of Authority)   print
(1) The Minister of Knowledge Economy may delegate some of his/her authority under this Act to the Administrator of the Korean Agency for Technology and Standards or a Mayor/Do Governor, as prescribed by Presidential Decree.
(2) The authority of the Minister of Knowledge Economy over the following affairs may be fully or partially delegated to any testing and inspection institution accredited under Article 23 of the Framework Act on National Standards or any organization performing the product safety management affairs in accordance with any other Acts and subordinate statutes:
1. Affairs concerning exemption under Article 15 (1);
2. Affairs concerning reporting (including a report of modification) under Article 19 (1);
3. Affairs concerning exemption under Article 19 (5);
4. Affairs concerning verification under the proviso to Article 24 (1);
5. Affairs concerning reporting (including a report of modification) under Article 24 (2).
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 37 (Legal Fiction as Public Officials in Application of Penal Provisions)   print
The executives and employees of any accrediting institution, safety-certifying institution, institution or organization designated as a management agency under Article 7-3, institution or organization engaging in the affairs commissioned pursuant to Article 36 (2) shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
CHAPTER Ⅴ PENAL PROVISIONS
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 Article 38 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won:
1. A person who obtains the designation of the safety-certifying institution under Article 12 (1) by false or other fraudulent means;
2. A person who grants safety certification without obtaining the designation of the safety-certifying institution under Article 12 (1);
3. A person who grants safety certification while his/her business is suspended or the designation as a safety-certifying institution is revoked under Article 13 (1);
4. A manufacturer or importer who manufactures or imports an industrial product subject to safety certification without obtaining such safety certification, in violation of Article 14 (1);
5. A person who obtains safety certification under Article 14 (1) by false or other fraudulent means;
6. A person who places the safety certification mark or any similar mark, in violation of Article 16 (2);
7. A person who places the safety self-assurance mark or any similar mark, in violation of Article 20 (2);
8. A person who places a label of child-resistant packaging or any similar label, in violation of Article 25 (2).
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 39 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:
1. A person who grants the certification of quality control systems under Article 7 (2) 1 by false or other fraudulent means;
2. A person who grants safety certification, in violation of Article 14 (3);
3. A person who obtains exemption under Article 15 (1) by false or other fraudulent means;
4. A person who modifies or removes the safety certification mark without due authorization, in violation of Article 16 (3);
5. A person who grants safety certification, in violation of Article 18 (3);
6. A person who fails to file a report under Article 19 (1);
7. A person who obtains designation as the testing and inspection institution under Article 19 (3) by false or other fraudulent means, or tests or inspects industrial products subject to safety self-assurance without obtaining such designation;
8. A person who obtains exemption under Article 19 (7) by false or other fraudulent means;
9. A person who modifies or removes a safety self-assurance mark without due authorization, in violation of Article 20 (3);
10. A person who places a false label of safety or quality, in violation of Article 23 (1);
11. A person who modifies or removes a label of safety or quality without due authorization, in violation of Article 23 (2);
12. A person who fails to use child-resistant packaging for an industrial product requiring child-resistant packaging, in violation of Article 24 (1);
13. A person who obtains verification under the proviso to Article 24 (1) by false or other fraudulent means.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
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 Article 40 (Joint Penal Provisions)   print
If the representative of a corporation, or an agent, employee or other servant of a corporation or individual commits an offense under Article 38 or 39 in connection with the business of the corporation or individual, not only shall such offender be punished, but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply in cases where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
[This Article Wholly Amended by Act No. 9250, Dec. 26, 2008]
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 Article 41 (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 ten million won:
1. A person who fails to file a report, in violation of Article 7 (3) or files a false report;
2. A person who fails to comply with an order of correction issued under Article 7 (6);
3. A person who fails to submit data under Article 7-2 (2) or submits false data;
4. A person who rejects, interferes with, or evades periodic inspections or frequent inspections under Article 14 (6);
5. A person who sells an industrial product subject to safety certification but bearing no safety certification mark or imports, displays, or stores such product for sale, in violation of Article 17 (1);
6. A person who sells an industrial product subject safety self-assurance but bearing no safety self-assurance mark, or imports, displays, or stores such product for sale, in violation of Article 21 (1);
7. A person who fails to file a report (including a report of modification) under Article 24 (2);
8. A person who sells an industrial product requiring child-resistant packaging but bearing no label of child-resistant packaging, or imports, displays, or stores such product for sale, in violation of Article 26;
9. A person who fails to comply with an order for suspension of sale, etc. under Article 31 (1) through (4);
10. A person who rejects or interferes with collection or destruction under the former part of Article 31 (5);
11. A person who fails to comply with an order to announce hazards, or to replace, refund or repair the relevant industrial product issued under Article 31 (6);
12. A person who fails to submit data or a report under Article 32 (1) or submits false data or a false report;
13. A person who refuses, interferes with, or evades an inspection or question under Article 32 (2).
(2) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:
1. A person who fails to apply for modification of safety certification under Article 14 (2);
2. A person who fails to prepare and keep safety certification records in violation of Article 14 (5) or prepares and keeps false records;
3. A person who fails to conduct a self-inspection in violation of Article 14 (7);
4. A person who fails to prepare and keep the records of self-inspection in violation of Article 14 (7) or prepares and keep false records;
5. A person who fails to place the safety certification mark on an industrial product subject to safety certification so certified, in violation of the main sentence of Article 17 (2);
6. A person who uses an industrial product subject to safety certification but bearing no safety certification mark for his/her business, in violation of Article 17 (2);
7. A person who fails to file a report of modification under Article 19 (1);
8. A person who fails to retain evidencing documents, in violation of Article 19 (5);
9. A person who fails to place the safety self-assurance mark on any reported industrial product subject to safety self-assurance, in violation of the main sentence of Article 20 (1);
10. A person who uses an industrial product subject to safety self-assurance but bearing no safety self-assurance mark for his/her business, in violation of Article 21 (2);
11. A person who fails to place a label of safety or quality on an industrial product subject to labeling of safety or quality, in violation of Article 22 (1);
12. A person who sells an industrial product subject to labeling of safety or quality but bearing no label of safety or quality, or imports, displays or stores such product for sale, in violation of Article 22 (2);
13. A person who fails to place a label of child-resistant packaging on any reported industrial product requiring child-resistant packaging, in violation of Article 25 (1);
14. A person who sells an industrial product subject to safety control to any child who has not attained the age permitted to use such product, in violation of Article 27.
(3) Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the following persons, as prescribed by Presidential Decree:
1. Fines for negligence under paragraph (1) 1 through 3, 7, 12, 13 and paragraph (2) 2 and 7: The Minister of Knowledge Economy;
2. Fines for negligence under paragraph (1) 4 through 6, 8 through 13 and paragraph (2) 1, 3 through 6, and 8 through 14: A Mayor/Do Governor.
[This Article Wholly Amended by Act No. 10961, Jul. 25, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Industrial Products Subject to Safety Certification)
The amended provisions of Articles 14, 19, 22, and 24 shall apply to the industrial products, etc. subject to safety certification, first delivered or cleared through the customs three months after the date this Act enters into force and thereafter.
Article 3 (Transitional Measures concerning Safety Tests)
Industrial products subject to safety tests, which have passed the safety test conducted by the safety-testing institution under the former provisions at the time this Act enters into force (or three months after this Act enters into force, if the periodical inspection date arises less than three months after this Act enters into force), shall be deemed to have obtained the safety certification under this Act until the periodic test date under the former provisions: Provided, That the industrial products subject to safety test shall be deemed to have passed the test and inspection for safety conducted by the testing and inspection institution under the provisions of Article 19 of this Act, if the product is specified as an industrial product subject to safety self-assurance under the provisions of subparagraph 9 of Article 2.
Article 4 (Transitional Measures concerning Penal Provisions, etc.)
The application of the penal provisions and the fine for negligence to any act committed prior to the enforcement of this Act shall be governed by the former provisions.
Article 5 (Relationship with other Statutes)
If any other statute has cited any provision of the former Quality Control and Safety Management of Industrial Products Act, it shall be deemed that a corresponding provision of this Act has been cited in place of the provisions of the former Quality Control and Safety Management of Industrial Products Act as such to the extent that such corresponding provisions are found in this Act.
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. 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. 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. 9250, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 9430, Feb. 6, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 10028, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 10961, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 7 of Article 2, Articles 7, 7-2, 7-3, 14 (1) 2, 16, 17, 19, 22, 27, 31, 34, 37, 39 and 41 shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Safety Certification of Industrial Products, etc. Manufactured or Imported in Certain Quantity)
The amended provisions of subparagraph 7 of Article 2 and Article 14 (1) 2 shall apply, starting with the first application for safety certification filed after such amended provisions enter into force.
Article 3 (Applicability to Extension of Periodic Inspection Cycles)
The amended provisions of Article 14 (6) shall apply, starting with the year following that in which the enforcement date of such provisions falls.
Article 4 (Special Cases concerning Calculation of Term of Validity for Reporting Safety Self-Assurance)
Notwithstanding the amended provisions of Article 19 (4), the term of validity for safety self-assurance reported for any model of a product before such amended provisions enter into force shall be reckoned from the date such amended provisions enter into force.
Article 5 (Applicability to Fees for Reporting Safety Self-Assurance)
The amended provisions of Article 34 (2) 5 shall apply, starting with the first report filed after such amended provisions enter into force.