Enforcement Decree Of The Elevator Facilities Safety Management Act


Published: 2009-03-12

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 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe matters delegated by the Elevator Safety Management Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 2 Deleted.<by Presidential Decree No. 15431, Jul. 10, 1997>   print
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 Articles 3 through 6 Deleted.<by Presidential Decree No. 21345, Mar. 12, 2009>   print
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 Article 7 (After-Sales Management of Elevators)   print
(1) Any person who runs a business manufacturing or importing elevators or their parts (hereinafter referred to as "manufacturer, etc.") shall issue an operating manual (including points on management; hereafter the same shall apply in this Article) and a warranty of quality specifying matters of the following subparagraphs to a purchaser or a transferee of an elevator sold or transferred by him/her under Article 10 of the Elevator Safety Management Act (hereinafter referred to as the "Act"):
1. Date of sale or transfer and the term of warranty;
2. Name (in cases of a legal entity, names of the legal entity and its representative), address, and telephone number of the manufacturer or importer;
3. Name (in cases of a legal entity, names of the legal entity and its representative) and address of the supplier of elevator repair parts;
4. Particulars of warranty;
5. Information on the after-sales repair and support system;
6. Period for holding elevator repair parts.
(2) The term of warranty under paragraph (1) 1 shall be three years, and any trouble or defect in elevator caused by its managing body within the said three years, notwithstanding the normal use or maintenance performed according to the operating manual, shall be repaired by the manufacturer, etc. without charge.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 7-2 Deleted.<by Presidential Decree No. 20151, Jul. 2, 2007>   print
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 Article 8 (Procedure for Registration of Repair Business)   print
Any person who intends to register an elevator repair business or any modification thereof under Article 11 (1) of the Act shall submit an application for registration of the elevator repair business to the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") with following documents:
1. Business plans;
2. Evidential documents on the criteria for registration prescribed in each subparagraph of Article 9.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 9 (Criteria for Registration of Repair Business)   print
The criteria for registration of repair business under Article 11 (3) of the Act shall be as follows:
1. Capital (referring to paid-in capital in cases of a legal entity and asset evaluation value in cases of an individual) shall not be less than 100 million won;
2. Technical manpower and repair equipment determined by Ordinance of the Ministry of Public Administration and Security in proportion to the number of elevators subject to repair shall be provided.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 10 (Registers)   print
(1) The Mayor/Do Governor shall keep a register of repair business operators registered pursuant to Article 11 (1) of the Act (hereinafter referred to as "repair business operators") and enter the following matters in the register:
1. Date and number of registration;
2. Name of the registrant (in cases of a legal entity, names of the legal entity and its representative) and his/her address;
3. Category of the registrant's business;
4. Capital.
(2) The form of the register under paragraph (1) shall be determined by Ordinance of the Ministry of Public Administration and Security.
(3) The register under paragraph (1) shall be prepared and managed in such a way as to make it possible to process electronically, unless any extenuating circumstance exists.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Articles 11 and 12 Deleted.<by Presidential Decree No. 15431, Jul. 10, 1997>   print
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 Article 13 (Mark of Unsuccessful Elevator)   print
The Minister of Public Administration and Security shall issue a mark indicating the prohibition of operation under Article 13 (2) or 13-2 (2) of the Act to the managing body of an elevator that has failed an inspection pursuant to any subparagraph of Article 13 (1) of the Act or the close safety inspection pursuant to Article 13-2 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 14 (Requirements for Extension of Validity Term of Regular Inspection)   print
(1) For the purposes of the proviso to Article 13 (1) of the Act with the exception of its subparagraphs, the term "requirements prescribed by Presidential Decree" means:
1. That the results of self-examination for the last three years has been good pursuant to Article 15 (1) (including cases where the result of self-examination requires attention pursuant to Article 15 (1), but the results of self-examination, which was executed again after repair of the elevator in question within one month from the date of the former self-examination, turned out good);
2. That such facilities and manpower determined by Ordinance of the Ministry of Public Administration and Security are provided;
3. That the elevator in question has passed a regular inspection, applied for pursuant to Article 13 (1) 2 of the Act prior to the expiry of the term of validity of the existing regular inspection (hereafter in this Article referred to as "term of validity") every year for the last three years before the managing body thereof applied for an extension of the term of validity;
4. That the elevator in question has passed a close safety inspection, if any, which has been conducted pursuant to Article 13-2 of the Act within the last three years before the managing body thereof applied for an extension of the term of validity.
(2) Any person who intends to applies for extending the term of validity pursuant to the proviso to Article 13 (1) of the Act shall submit an application therefor to the Minister of Public Administration and Security together with documents determined by Ordinance of the Ministry of Public Administration and Security.
(3) Where the Minister of Public Administration and Security receives an application for extension of term of validity pursuant to paragraph (2), he/she may visit the site of installation of the elevator concerned within 14 days to confirm the documents of the following subapragraphs and the elevator. In such cases, he/she shall inform the applicant of his/her visit schedule in advance:
1. Elevator repair contract (limited to cases where a repair contract is signed) and self-examination report;
2. Papers regarding the selection and appointment of operational managers pursuant to the main sentence of Article 16-2 (1) of the Act;
3. Facilities and personnel in possession;
4. Matters regarding the emergency communication system.
(4) The Minister of Public Administration and Security need not extend the term of validity in any of the following cases:
1. Where any improper matter is included in papers that fall under any subparagraph of paragraph (3);
2. Where the managing body of an elevator who applies for an extension of term of validity under paragraph (2) has been subject to a penalty or a fine for negligence, for the past three years, for falling under any of subparagraphs 3, 4 and 5 of Article 25 of the Act, subparagraphs 2 and 3 of Article 26 of the Act and Article 28 (1) 3 through 5 and (2) 1 through 3 of the Act.
(5) Where the Minister of Public Administration and Security decides not to extend the term of validity pursuant to paragraph (4), he/she shall inform the applicant of reasons therefor.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 14-2 (Criteria, Items, Methods, etc. of Inspection)   print
(1) The criteria, items, methods, etc. of inspections or close safety inspections under Article 13 (4) or 13-2 (3) of the Act shall be in accordance with the Korean Industrial Standards under Article 12 of the Industrial Standardization Act (hereinafter referred to as "Korean Industrial Standards"): Provided, That in cases where the Korean Industrial Standards are not established, or it is deemed inappropriate to apply the Korean Industrial Standards due to the development, etc. of elevator-related technology, the criteria, items, methods, etc. of those inspections shall be in accordance with those determined and publicly notified by the Minister of Public Administration and Security.
(2) In cases where a completion inspection or an irregular inspection under Article 13 (1) 1 or 3 of the Act is performed, the Minister of Public Administration and Security shall have an applicant for the inspection or his/her agent attend the inspection; and in cases where a regular inspection under subparagraph 2 of the same paragraph or the close safety inspection under Article 13-2 (1) of the Act is performed, the Minister of Public Administration and Security shall have the operational manager under Article 16-2 of the Act or a person conducting self-examination of elevators under Article 17 (1) of the Act attend the inspection: Provided, That in cases where an applicant for inspection or his/her agent, an operational manager, or a person conducting self-examination does not wish to attend the inspection, the same shall not apply.
(3) The Minister of Public Administration and Security shall, in advance, inform the managing body of elevators subject to a close safety inspection under Article 13-2 (1) of the Act in writing (including electronic documents) of the matters necessary to conduct the close safety inspection, such as those subject to an inspection and reasons and time for the inspection.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 14-3 Deleted.<by Presidential Decree No. 20151, Jul. 2, 2007>   print
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 Article 14-4 (Duties of Judgment Committee on Accident Investigation)   print
The duties of the Judgment Committee on Accident Investigation under Article 16-3 (4) of the Act (hereinafter referred to as the "Committee") shall be as follows:
1. Determination of the cause, etc. of an elevator accident;
2. Investigation of an elevator accident required for determination pursuant to subparagraph 1;
3. Examination of an investigation report regarding an elevator accident prepared by the accident investigation team pursuant to Article 16-3 (3) of the Act;
4. Necessary study for determination and investigation of cause, etc. of an elevator accident, and for establishment, etc. of measures for prevention of elevator accidents.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 14-5 (Organization, etc. of Committee)   print
(1) The Committee shall be comprised of not less than five but not more than seven members, including one chairperson, and members shall consist of one ex officio member and commissioned members.
(2) The chairperson shall be commissioned by the Minister of Public Administration and Security among those falling under any of the following subparagraphs, the ex officio member shall be designated by the Minister of Public Administration and Security among public officials of Grade III in charge of the elevator-related duties under the Ministry of Public Administration and Security or public officials in general service belonging to the Senior Civil Service, and commissioned members shall be commissioned by the Minister of Public Administration and Security among those having abundant expert knowledge or experience in elevators and falling under any of the following subparagraphs:
1. Persons for whom 15 years or more have passed since they acquired the qualification of lawyer;
2. Persons who have served for five or more years as associate professors or higher, teaching the subjects relating to elevators, such as safety management of elevators at universities or colleges;
3. Persons who have served for two or more years as public officials of Grade IV or higher at administrative agencies or public officials in general service belonging to the Senior Civil Service;
4. Persons who have served for ten or more years at the inspection institutions designated pursuant to Article 15 (1) of the Act (hereinafter referred to as "inspection institutions");
5. Persons who have served for 15 or more years at elevator-related companies and who were resigned prior to the latest three years.
(3) The term of office for commissioned members shall be three years, and they may be re-commissioned.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 14-6 (Operation of Committee)   print
(1) The chairperson shall convene and preside over meetings of the Committee, and exercise overall control over the affairs thereof.
(2) Where the chairperson is unable to perform his/her duty due to any extenuating circumstance, the member designated by the chairperson in advance shall act on his/her behalf.
(3) Meetings of the Committee shall open with the attendance of 2/3 or more of the total members on the register, and pass resolutions with the consent of a majority of the members present.
(4) The Committee shall not allow a member acknowledged as responsible for the cause of an elevator accident to attend any meeting of the relevant elevator accident of the Committee.
(5) The Committee may, where deemed necessary, have a related person or related specialist attend and speak at the Committee, or present his/her opinion in writing.
(6) Allowances and travel expenses may be paid to any member, related persons and related specialists who attend the Committee within the limit of its budget: Provided, That in cases where a member who is a public official attends the Committee in direct connection with his/her duties in charge, this shall not apply.
(7) Matters necessary for operation of the Committee, other than those prescribed in paragraphs (1) through (6) shall be determined by the chairperson of the Committee after undergoing the resolution of the Committee.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 15 (Self-Examination of Elevators)   print
(1) Any managing body of an elevator shall conduct a self-examination under Article 17 (1) of the Act (hereinafter referred to as "self-examination"), complete the record of the examination by classifying as good, requiring attention, requiring repair or urgent, and keep it for two years.
(2) The term "elevators requiring an adjustment of cycle of selfexamination due to reasons prescribed by Presidential Decree, such as the introduction of advanced repair and management techniques" in Article 17 (3) 3 of the Act means elevators whose cycle of examination is clearly expressed as within three months in the standard repair contract signed between the managing body of an elevator and the repair business operator from among elevators falling under any of the following subparagraphs: Provided, That elevators reported as having had an accident pursuant to the latter part of Article 16-3 (1) of the Act and elevators for whom ten years have passed since the date of completion inspection pursuant to Article 13 (1) 1 of the Act shall not be included:
1. Elevator maintained and managed by a device with self-examination function, such as operation control and analysis of malfunction, and remote monitoring function capable of real-time management;
2. Elevator maintained and managed upon a comprehensive repair contract, including all the repair activities for the safe operation of elevators, such as regular examination, preventive examination, change of parts and repair works;
3. Elevator which has passed an inspection under each subparagraph of Article 13 (1) of the Act for the past two years among those maintained and managed by business entities with excellent repair quality pursuant to Article 11-6 (1) of the Act.
(3) Items and methods of the self-examination under paragraph (1) and other necessary matters shall be determined and publicly notified by the Minister of Public Administration and Security.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 15-2 Deleted.<by Presidential Decree No. 18928, Jun. 30, 2005>   print
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 Article 16 (Persons Conducting Self-Examination of Elevators)   print
Each managing body of elevators shall have a person who falls under any of the following subparagraphs conduct the self-examination of the elevators under Article 17 (1) of the Act:
1. Any person qualified as an elevator technician, elevator industrial technician or elevator engineer under the National Technical Qualifications Act with at least six months of working level experience in design, manufacturing, installation, inspection or maintenance of elevators;
2. Any person who has majored in mechanical engineering, electrical engineering, electronics or other similar studies in any university under subparagraph 1 of Article 2 of the Higher Education Act with at least six months of working level experience in design, manufacturing, installation, inspection or maintenance of elevators;
3. Any person who has majored in mechanical engineering, electrical engineering, electronics or other similar studies in any junior college under subparagraph 4 of Article 2 of the Higher Education Act with at least one year and six months of working level experience in design, manufacturing, installation, inspection or maintenance of elevators;
4. Any person who has majored in mechanical engineering, electrical engineering, electronics or other similar studies in any technical high school under the Elementary and Secondary Education Act with at least two years of working level experience in design, manufacturing, installation, inspection or maintenance of elevators;
5. Any person with at least three years of working level experience in design, manufacturing, installation, inspection or maintenance of elevators;
6. Any person recognized as holding a qualification equivalent to those of subparagraphs 1 through 5 and determined by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 17 (Orders to Suspend Operation)   print
(1) The Mayor/Do Governor shall, when issuing an order to suspend operation of elevators pursuant to Article 18 (2) of the Act, do so in writing specifying the grounds for and period of such suspension of operation.
(2) In cases where a Mayor/Do Governor orders an operation of an elevator suspended under paragraph (1), he/she shall issue a mark of suspension of operation to the managing body of the elevator, and the managing body of the elevator shall, without delay, post the issued mark outside the elevator and administer it so that it may not be damaged.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 18 Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>   print
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 Article 19 (Persons Subject to Education)   print
For the purposes of Article 20 (1) 3 of the Act, the term "persons who meet the requirements prescribed by Presidential Decree" means those who fall under any of the following subparagraphs:
1. Persons who carry out affairs concerning the safety control of elevators;
2. Persons engaged in any service connected with elevators and wish to receive such education.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 20 (Delegation and Entrustment of Powers)   print
(1) The Minister of Public Administration and Security shall delegate the authority related to the postponement of inspection under Article 13 (3) of the Act to the Mayor/Do Governor under Article 23 (1) of the Act.
(2) The Minister of Public Administration and Security shall, pursuant to Article 23 (1) of the Act, entrust the following affairs to the head of an inspection institution:
1. Extension of the term of validity of regular inspections under Article 13 (1) of the Act;
2. Notification of elevators which have failed to pass an inspection or a close safety inspection under Article 18 (1) of the Act;
3. Issuance of a mark of disqualified elevators under Article 13 of this Decree;
4. Notification of matters necessary to conduct close safety inspections under Article 14-2 (3) of this Decree.
(3) The Minister of Public Administration and Security shall, pursuant to Article 23 (1) of the Act, entrust the following affairs to the president of the Korea Elevator Safety Institute under Article 15-3 of the Act:
1. Integrated management and provision of information relevant to elevator safety under Article 10-3 of the Act;
2. Notification of elevators which have failed to undergo an inspection or a close safety inspection under Article 18 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 20-2 (Reporting, etc.)   print
(1) The Mayor/Do Governor delegated with the authority, or the head of the inspection institution and the president of the Korea Elevator Safety Institute entrusted with affairs pursuant to Article 20 shall report the outcome of processing the delegated or entrusted matters to the Minister of Public Administration and Security, as determined by Ordinance of the Ministry of Public Administration and Security.
(2) In cases where the head of the inspection institution or the president of the Korea Elevator Safety Institute handles matters entrusted under Article 20 (2) or (3), in violation of the Act or this Decree, the Minister of Public Administration and Security may order him/her to correct it.
(3) The head of the inspection institution or the president of the Korea Elevator Safety Institute who receives any correction order under paragraph (2) shall, without delay, correct the violation concerned and report the result thereof to the Minister of Public Administration and Security.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
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 Article 21 (Standards for Imposition of Fines for Negligence)   print
(1) Standards for the imposition of fines for negligence under Article 28 (1) and (2) of the Act shall be as prescribed in the attached Table.
(2) The Minister of Public Administration and Security or the Mayor/Do Governor may increase or reduce the amount of a fine for negligence within the limit of 1/2 of the prescribed amount, taking into consideration the degree, motives, consequences, etc. of the offense concerned: Provided, That in cases where the amount of a fine for negligence increases, the total amount thereof may not exceed the maximum of the amount of fine for negligence prescribed in Article 28 (1) and (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21345, Mar. 12, 2009]
ADDENDUM
This Decree shall enter into force on July 1, 1992.
ADDENDA<Presidential Decree No. 13870, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 13922, Jul. 1, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 1993.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 14015, Dec. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 15431, Jul. 10, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Elevator Repair Businessman)
Those who operate a repair business under the previous provisions as at the time this Decree enters into force shall be regarded as those who operate a repair business under this Decree: Provided, That they shall conform to the registration criteria prescribed in the amended provisions of Article 9 and report it to the Minister of Commerce, Industry and Energy, within six months from the enforcement date of this Decree.
Article 3 (Transitional Measures concerning Those Allowed to Conduct Self-inspection of Elevator)
Those who are in charge of self-inspection of elevator under the previous Article 16 as at the time this Decree enters into force shall be deemed as those who are able to perform self-inspection under this Decree.
Article 4 (Transitional Measures concerning Fines for Negligence)
Application of fine for negligence for acts committed prior to this Decree enters into force shall be dealt with according to the previous applicable provisions.
Article 5 (Application Examples concerning Period of Inspection Record Maintenance)
Amended provisions of Article 15 (1) shall be applied to the first inspection records performed or later after this Decree enters into force.
Article 6 Omitted.
ADDENDUM<Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDUM<Presidential Decree No. 16236, Apr. 9, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 16351, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 17702, Aug. 8, 2002>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Criteria for Designation of Inspection Institutions) The inspection institutions designated under Article 15 (1) of the Act as at the time this Decree enters into force shall satisfy the requirements for designation criteria under the amended provisions of Article 14-3 by December 31, 2003.
ADDENDUM<Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 18928, Jun. 30, 2005>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 2005: Provided, That the amended provisions of Articles 3 through 6 shall enter into force six months after the date of its enforcement.
(2) (Applicable Examples regarding Application for Extension of Validity Period) The amended provisions of Article 14 (1) 1 and 3 shall apply to the first application for extension of validity period after this Decree enters into force.
(3) (Applicable Example regarding Method of Preparing Inspection Record of Self-Inspection) The amended provisions of Article 15 (1) shall apply to the first self-inspection of elevator after this Decree enters into force.
(4) (Transitional Measures regarding Fine for Negligence) The amended provisions of attached Table 2 shall apply to the imposition of fine for negligence for acts committed before this Decree enters into force.
ADDENDA<Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM<Presidential Decree No. 20151, Jul. 2, 2007>
This Decree shall enter into force on July 4, 2007.
ADDENDUM<Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 2008.
Articles 2 through 6 Omitted.
ADDENDUM<Presidential Decree No. 21262, Jan. 14, 2009>
This Decree shall enter into force on January 18, 2009.
ADDENDUM<Presidential Decree No. 21345, Mar. 12, 2009>
This Decree shall enter into force on the date of its promulgation.