FRAMEWORK ACT ON PRODUCT SAFETY
Act No. 10028, Feb. 4, 2010 Amended by Act No. 11437, May 23, 2012 Act No. 11690, Mar. 23, 2013 Act No. 13092, Jan. 28, 2015
Article 1 (Purpose) The purpose of this Act is to prescribe basic matters necessary to ensure the safety of products so as to contribute to the improvement of the quality of life for citizens and the development of the national economy by protecting the lives of citizens and preventing any damage to their health and property. Article 2 (Fundamental Concepts) The basic ideas of this Act are to confirm that it is the basic duty of the State and local governments to ensure product safety and minimize damage, in cases of danger or harm caused by products, and to ensure that citizens lead lives in a society safe from any risk associated with products by guiding all citizens and the State and local governments to prioritize on safety while engaging in activities associated with the manufacture, assembling, processing, import, sale, lending or use of products. Article 3 (Definitions) The definitions of terms used in this Act shall be as follows: 1. The term "product" means any article, or component part or accessory thereof, which is ultimately intended for use by a consumer; 2. The term "business owner" means any person who manufactures, assembles or processes (hereinafter referred to as "manufacture"), or imports, sells or lends (hereinafter referred to as "distribution") products; 3. The term "safety inspection" means all activities concerning the inspection, examination or assessment of defects in the manufacture, design, description, etc. of products to prevent risks of danger or harm to life, body, or property which may be caused by such products. Article 4 (Duties of State, etc.) (1) The State and local governments shall have the duty to formulate and implement policies concerning the safety of products (hereinafter referred to as "product safety policy") so that citizens may use products safely. (2) In formulating and implementing a product safety policy, the State and local governments shall preferentially take into consideration the prevention of any risk of danger or harm to consumers' lives, bodies or property and the safety of groups particularly vulnerable to risks such as children, the aged, the weak and the disabled. (3) The State shall endeavor to establish or revise and enforce the standards or specifications for the manufacture, use, etc. of products to verify the safety of products (hereinafter referred to as "safety standards") in a manner consistent with international standards. (4) Business owners shall have the duty to manufacture or distribute safe products and to verify the safety of products which are manufactured or distributed in the market. Article 5 (Citizen's Right) Every citizen shall have the right to participate in the formulation and implementation of a product safety policy by the State or relevant local government and to use safe products. Article 6 (Relationship to Other Acts) Except as otherwise provided in other Acts, this Act shall apply with respect to the safety of products. Article 7 (Establishment, etc. of Comprehensive Plans for Product Safety Management) (1) The Government shall establish a comprehensive plan for product safety management (hereinafter referred to as "comprehensive plan") every three years. (2) A comprehensive plan shall include the following matters: 1. Objectives and basic direction of product safety policy; 2. Matters relating to the creation of a foundation to ensure the safety of products; 3. Matters relating to the prevention of incidents involving products and the establishment of measures therefor; 4. Matters relating to the safety management of imported products and newly manufactured products; 5. Matters relating to research on product safety and the development of related technology; 6. Matters relating to the rationalization of regulations on product safety; 7. Matters relating to the system to share information on product safety; 8. Matters relating to cooperation with international organizations and foreign countries concerning product safety; 9. Matters relating to measures for the safety of groups particularly vulnerable to risks, such as children, the aged, the weak and the disabled, with respect to the use of products; 10. Other matters necessary to ensure product safety. (3) The head of a central administrative agency shall, upon establishment of a comprehensive plan, submit it to the Consumer Policy Committee under Article 23 of the Framework Act on Consumers. (4) The head of a central administrative agency shall make efforts to preferentially secure personnel and funds necessary to promote a comprehensive plan. (5) Necessary matters regarding the establishment and implementation of comprehensive plans shall be prescribed by Presidential Decree. Article 8 (Preparation of Statistics of Product Incidents, etc.) (1) The head of a central administrative agency may, if necessary for the establishment, etc. of a comprehensive plan, prepare and manage statistics of product incidents or defective products. (2) The scope and subjects of statistical surveys under paragraph (1) shall be prescribed by Presidential Decree. (3) Except as provided in this Act, with respect to the preparation and management of statistics under paragraph (1), the relevant provisions of the Statistics Act shall apply mutatis mutandis. Article 9 (Safety Inspection, etc.) (1) Where a product distributed in the market falls under any of the following, the head of a central administrative agency may conduct a safety inspection of the product to ascertain whether it is likely to cause danger or harm: 1. Where the product is subject to safety management under the Quality Control and Safety Management of Industrial Products Act and the Electrical Appliances Safety Control Act; 2. Where the product causes or is likely to cause danger or harm to the life, health, or property of consumers due to any defect in the manufacture or design of, or description, etc. on, the product; 2-2. Where the product causes or is likely to cause harm to the life, health, or property of consumers due to its technical or structural characteristics; 3. Where a business owner or another business owner in a foreign country takes a measure falling under any subparagraphs of Article 13 (3) in the foreign country due to danger or harm caused by the product; 4. Where it is necessary to assess whether the product meets safety standards prescribed by the relevant Act and subordinate statutes; 5. Where it is necessary to ensure the safety of the product. (2) Where the head of a central administrative agency conducts a safety inspection, he/she shall keep the details of, and findings from, such inspection, and may allow the business operator of the relevant product to peruse such details and findings. (3) Detailed matters regarding the methods and procedures for a safety inspection and the perusal and keeping of details of, and findings from, an inspection under paragraph (2) shall be prescribed by Presidential Decree. Article 9-2 (Consumers' Requests for Safety Inspection) (1) Where at least a certain number of consumers prescribed by Presidential Decree request the head of a central administrative agency to conduct a safety inspection of products currently on the market after meeting requirements prescribed by Presidential Decree, such as grounds for making a request, the scope of the request, preparation of certificates to identify consumers, the head of the central administrative agency shall comply with such request, except in the following cases: 1. Where the head of the central administrative agency has no ability to conduct a safety inspection on the level requested by consumers; 2. Where an excessive number of requests for safety inspections substantially interferes with the performance of duties; 3. Where the same consumers make repeated requests for safety inspection for the same purpose; 4. Where a consumer's request for safety inspection is contrary to the public interest objectives, such as where consumers make a request for safety inspection for the benefit of a specific business owner. (2) Where the head of a central administrative agency complies with a request for safety inspection of the relevant product pursuant to paragraph (1), he/she shall conduct a safety inspection within 120 days, and notify the applicant for the safety inspection of the findings therefrom, as prescribed by Presidential Decree. In such cases, he/she may recover expenses incurred in conducting the safety inspection from the applicant for the safety inspection, as prescribed by Presidential Decree. Article 10 (Recommendations, etc. for Recall, etc. of Products) (1) Where a product distributed in the market causes or is likely to cause danger or harm to the life, health, or property of consumers due to any defect in the manufacture, design, description, etc. of the product or technical or structural characteristics of the product, the head of a central administrative agency may recommend the business owner of the relevant product to recall, destroy, repair, exchange, refund, or improve the product, or prohibit the manufacture or distribution of the product, or take other necessary measures (hereinafter referred to as "recall, etc."). (2) Where the business owner in receipt of a recommendation under paragraph (1) fails to comply with such recommendation without just cause, the head of a competent central administrative agency may publicly announce such fact. (3) Where the business owner takes measures pursuant to the recommendation under paragraph (1), he/she shall report to the head of the competent central administrative agency the matters prescribed by Presidential Decree, such as the results of taking the measures. (4) Matters necessary for the recommendation for recall, etc. provided under paragraph (1), the public announcement made under paragraph (2) and the report submitted under paragraph (3) shall be prescribed by Presidential Decree. Article 11 (Order, etc. for Recall, etc. of Products) (1) The head of a central administrative agency may order a business owner to carry out a recall, etc. of his/her products and publish such fact in accordance with the procedures prescribed by Presidential Decree, in cases falling under any of the following subparagraphs: 1. Where the results of safety inspection show that relevant products present any risk to safety; 2. Where a business owner in receipt of a recommendation under Article 10 (1) fails to comply with it without justifiable cause; 3. Where there are reasonable grounds to believe that products distributed in the market cause or are likely to cause danger or harm to consumers' lives, bodies or property due to any serious defect prescribed by Presidential Decree (hereinafter referred to as "serious defect") in their manufacture, design, description, etc. (2) A business owner who has taken measures as ordered under paragraph (1) shall report to the head of the competent central administrative agency the results of such measures and other matters prescribed by Presidential Decree. (3) If a business owner fails to comply with an order issued under paragraph (1), the head of the competent central administrative agency may directly carry out a recall, etc. of the relevant products. In such cases, expenses incurred in such recall, etc. may be collected from the business owner. (4) Necessary matters regarding the order for recall, etc. and publication under paragraph (1), the report under paragraph (2), and the measures and collection of expenses under paragraph (3) shall be prescribed by Presidential Decree. Article 12 (Application, etc. for Cancellation of Recommendation, etc.) (1) Where a business owner, who is recommended to carry out a recall, etc. of products under Article 10 (1) or has an interest in products subject to recall, etc. according to an order for recall, etc. under Article 11 (1), is dissatisfied with such recommendation or order, he/she may file an application for the cancellation of such recommendation or order in whole or in part with the head of the competent central administrative agency within 30 days from the date he/she becomes aware that such recommendation or order is given. (2) The head of the competent central administrative agency shall, upon receipt of an application under paragraph (1), decide whether to cancel in whole or in part the recommendation under Article 10 (1) or the order under Article 11 (1) within 30 days: Provided, That if, for any unavoidable reason, he/she can not make such decision within said period, he/she may extend the period by up to 30 additional days. (3) A business owner who has filed an application pursuant to paragraph (1) may file an administrative appeal under the Administrative Appeals Act, regardless of the application under said paragraph. (4) Necessary matters regarding the procedures, methods, etc. for application under paragraph (1) shall be prescribed by Presidential Decree. Article 13 (Business Owners’ Duty, etc. to Implement Recall, etc. of Products) (1) Where a business owner discovers that his/her product distributed in the market causes or is likely to cause danger or harm to consumers' lives, bodies or property due to any serious defect in the product, he/she shall immediately report the details of such defect to the head of a competent central administrative agency and implement a recall, etc. of the product, as prescribed by Presidential Decree. (2) The business owner who has taken measures under paragraph (1) shall report to the head of a competent central administrative agency the matters prescribed by Presidential Decree, such as the outcomes of the recall, etc. (3) Where a business owner has taken any of the following measures in a foreign country regarding a product same as his or her product distributed in the market by reason of danger or harm, or discovers that another business owner in a foreign country has taken such measures, he/she shall immediately report such fact to the head of the central administrative agency regulating the relevant product, as prescribed by Presidential Decree: Provided, That this shall not apply where the relevant business owner has implemented a recall, etc. of the relevant product under paragraph (1): 1. Where the business owner has implemented measures, such as recall, etc., upon a recommendation or order for recall, etc. from a foreign government; 2. Where the business owner has taken measures, such as recall, etc., voluntarily. Article 13-2 (Business Owner's Duty to Report) (1) Where any of the following accidents (excluding accidents prescribed otherwise by Presidential Decree, such as an accident that occurs due to careless use by a user) occurs due to a product on the market irrespective of a grave defect in the product under Article 11 (1) 3, the relevant business owner shall report matters prescribed by Presidential Decree, such as the name of the relevant product, the details of the accident, and quantity sold, to the head of a central administrative agency: 1. A fatal accident; 2. An accident that causes an injury requiring at least four weeks' medical treatment in a medical institution under Article 3 (2) of the Medical Service Act; 3. A fire or explosion; 4. Other accidents prescribed otherwise by Presidential Decree, such as where the same product causes repeated accidents. (2) Matters necessary for procedures for the reporting under paragraph (1) shall be prescribed by Presidential Decree. Article 14 (Whistleblowing, etc.) (1) If a business owner conceals, in spite of his/her awareness, the fact that his/her products cause or are likely to cause danger or harm to consumers' lives, bodies or property due to any serious defect therein, an employee of the relevant business owner may report such fact to the head of the competent central administrative agency. (2) No business owner shall give any disadvantageous treatment to the relevant employee on account of the report under paragraph (1). (3) Any person who, on account of his/her report, is given any disadvantageous treatment with regard to his/her status may request the head of the competent central administrative agency to reinstate his/her status to the original state or take other necessary measures. (4) If, as a result of an investigation, the above-mentioned request is deemed well-grounded, the head of the competent central administrative agency may demand that the relevant business owner take appropriate measures. In such cases, the business owner shall comply with such demand absent justifiable cause. Article 15 (Requests, etc. for Submission of Materials Associated with Product Accidents) (1) If an accident causes or is likely to cause danger or harm to the life, health, or property of consumers due to any defect in the manufacture, design, description, etc., of products distributed in the market, or technical or structural characteristics of products distributed in the market, the head of the competent central administrative agency may request the relevant business owner or the head of each of the following agencies or institutions to submit materials associated with the accident so as to ascertain the details and cause of the accident and take necessary safety measures accordingly. In such cases, any person in receipt of a request to submit materials shall comply with such request, except in extenuating circumstances: 1. A relevant central administrative agency or local government; 2. A public institution under Article 4 of the Act on the Management of Public Institutions; 3. A consumer organization registered pursuant to Article 29 of the Framework Act on Consumers; 4. A testing or inspection agency authorized pursuant to Article 23 of the Framework Act on National Standards; 5. A medical institution under Article 3 (2) of the Medical Service Act (limited to data to ascertain the cause of an accident, such as the kind of product and the injury); 6. An insurance company under Article 2 of the Insurance Business Act (limited to data to ascertain the cause of an accident, such as the kind of product and the injury); 7. Other institutions prescribed otherwise by Presidential Decree, which retain information about accidents caused by products. (2) To ascertain the details and causes of product accidents under paragraph (1) scientifically and efficiently, the head of the competent central administrative agency may designate a legal entity or organization engaged in product safety-related work as a product accident investigation center to investigate the details, causes, etc. of such product accidents, as prescribed by Presidential Decree. (3) The scope of materials that may be requested pursuant to paragraph (1), the methods and procedures for investigation under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. Article 15-2 (Official Announcement concerning Findings, etc. from Safety Inspections) (1) The head of a central administrative agency may officially announce the findings from a safety inspection under Article 9 (1) or the findings from the investigation of an accident caused by a product, under Article 15 (2). (2) Where the head of a local government or the head of a public institution intends to conduct a safety inspection and officially announce the findings therefrom pursuant to another Act or subordinate statutes, he/she shall notify the head of a central administrative agency having jurisdiction over the relevant product of such fact in advance. (3) Matters necessary for official announcements, such as methods of making official announcements under paragraph (1), shall be prescribed by Presidential Decree. Article 16 (Building, Management, etc. of Product Safety Information Network) (1) To formulate and implement a product safety policy and prevent accidents involving products, the head of the competent central administrative agency may build and manage a product safety information network for gathering and providing the following information: 1. Details of, and findings from, inspections under Article 9 (2); 2. Information on recommendations for recall, etc. under Article 10, and orders for recall, etc. under Article 11; 2-2. Information on measures for recall, etc. taken by business owners pursuant to Article 13, and information reported by business owners pursuant to Article 13-2; 3. Other information on product safety. (2) The head of the competent central administrative agency shall share information gathered under paragraph (1) with the heads of other relevant central administrative agencies. (3) Matters necessary for the building and management of the product safety information network under paragraph (1), the sharing of information under paragraph (2), etc. shall be prescribed by Presidential Decree. Article 17 (Education, Training and Publicity on Product Safety) (1) The head of a central administrative agency may provide business owners and their employees with opportunities for education and training, and conduct publicity activities to provide consumers with necessary information so that such business owners, employees, and consumers may improve their awareness of product safety, and voluntarily implement product safety in the process of manufacturing, distributing, or using products. (2) Methods and other details of education, training, and publicity under paragraph (1) shall be prescribed by Presidential Decree. Article 18 (Subsidization of Research, etc. on Product Safety) (1) The head of a central administrative agency may subsidize expenses incurred in research and technical development in product safety to the Korea Evaluation Institute of Industrial Technology under Article 39 of the Industrial Technology Innovation Promotion Act or other corporation or organization that conducts affairs related to product safety prescribed by Presidential Decree. (2) Matters necessary for the standards for payment, and use and management, of contributions under paragraph (1) shall be prescribed by Presidential Decree. Article 19 (Cooperation, etc. with Organizations, etc. Related to Product Safety) (1) To prevent accidents involving products, the head of the competent central administrative agency may conduct market monitoring and other business matters prescribed by Presidential Decree, in cooperation with legal entities, organizations, etc. which are engaged in work associated with the safety of consumers and products. (2) To improve product safety, the Minister of Trade, Industry and Energy may formulate and implement policies necessary to promote cooperation among business owners, small, medium and large enterprises, and academic circles with respect to research on product safety, related technical development, publicity, etc. Article 20 (International Cooperation) The head of a central administrative agency may carry out the following projects to promote international cooperation with international organizations and foreign governments and product safety-related institutions: 1. Exchange of information on product safety; 2. Exchange of professionals concerning product safety; 3. Participation in various international events, including international conferences, concerning product safety; 4. Other projects deemed necessary to promote international cooperation concerning product safety. Article 21 (Establishment of Korean Product Safety Association) (1) Manufacturers and distributors of products may establish a Korean Product Safety Association (hereinafter referred to as the "Association") with authorization from the Minister of Trade, Industry and Energy, to improve the quality of products and ensure the safety thereof. 23, 2013> (2) The Association shall be a legal entity. (3) The Association shall carry out the following work: 1. Research, development and education concerning a product safety management system; 2. Publication and dissemination of materials related to safety standards; 3. Investigation of illegal and defective products; 4. Collaboration with enterprises, etc. concerning product safety; 5. Other work entrusted by the head of the competent central administrative agency. (4) The Minister of Trade, Industry and Energy may assist the Association in performing the work listed in subparagraphs of paragraph (3). (5) No person, other than the Association, shall use the name "Korean Product Safety Association" or similar name. (6) Except as otherwise expressly provided for in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis with respect to the Association. Article 22 (Operation of Supplementary Safety Standards) With respect to the certification, investigation, etc. of products for which applicable safety standards do not exist or to which the existing safety standards are not applicable, the head of the competent central administrative agency may conduct such certification, investigation, etc. by establishing and applying separate safety standards. Article 23 (Duty to Maintain Confidentiality, etc.) (1) Any person who falls or has fallen under any of the following subparagraphs shall be prohibited from divulging to another, or from using for other than the purposes of his/her official duties, any confidential information he/she has become aware of in the course of performing his/her duties: 1. Any executive or employee of the product accident investigation center designated pursuant to Article 15 (2); 2. Any executive or employee of the Association; 3. Any person engaged in the work entrusted pursuant to Article 24. (2) No public official engaged in duties under this Act shall use matters he/she has learned from inspection, reporting, notification, or submitted materials under Article 9 (1), 10 (3), 11 (2), 13 (1) and (2), 13-2, 14 (1) or 15 (1) and (2), for purposes other than the purpose of the enforcement of this Act.
Article 24 (Delegation or Entrustment of Authority) The head of a central administrative agency may delegate part of his/her authority under this Act to the head of an agency under his/her jurisdiction, the Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Do or the Governor of a Special Self-governing Province, or entrust part of his/her authority to an institution or organization that conducts affairs related to product safety, as prescribed by Presidential Decree. Article 25 (Legal Fiction as Public Officials in Application of Penal Provisions) Any person referred to in Article 23 (1) 1 and 3 shall be deemed a public official in application of Articles 129 through 132 of the Criminal Act. Article 25-2 (Ambiguities of Jurisdiction) The Minister of Trade, Industry and Energy and the head of a relevant central administrative agency may designate the head of a central administrative agency with competent jurisdiction under this Act, over matters for which jurisdiction is unclear in mutual consultation. Article 25-3 (Assessment of Regulations) The Minister of Trade, Industry and Energy shall assess the validity of the following matters, every three years (referring to the date before the third anniversary from the base date) based on January 1, 2015, and take measures, such as making improvements: 1. Reports to be submitted by business owners pursuant to Article 13-2. 2. Guidelines for the imposition of fines for negligence under Article 27 (1). (limited to matters concerning the violation of the duty to report under Article 13-2) Article 26 (Penal Provisions) (1) 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 fails to comply with an order for recall, etc. under Article 11 (1); 2. A person who fails to carry out recall, etc. of relevant products in violation of Article 13 (1); 3. A person who violates Article 23 (2) by using any information learned in the course of an inspection, reporting, materials, etc. other than for the purpose of implementing this Act. (2) Any person who divulges to another or uses for other than the purposes of his/her official duties, any confidential information learned in the course of performing his/her duties, in violation of Article 23 (1), shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won. (3) Any business owner who has given any disadvantageous treatment in violation of Article 14 (2), but fails to comply with a demand to take measures under Article 14 (4), shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won. Article 27 (Fines for Negligence) (1) Any business owner who fails to submit a report, in violation of Article 13-2, or any business owner who fails to comply with a request for submission of materials under Article 15 (1), without just cause shall be punished by a fine for negligence not exceeding 30 million won. 28, 2015> (2) Any of the following persons shall be punished by a fine for negligence of up to five million won:
1. A person who fails to report the results of measures, etc. taken under Article 10 (3) or 11 (2); 2. A person who fails to report the details of any serious defect, in violation of Article 13 (1); 3. A person who fails to report the outcomes, etc. of recall, etc. under Article 13 (2); 4. A person who fails to submit a report, in violation of Article 13 (3); 5. A person who uses the name “Korean Product Safety Association” or similar, in violation of Article 21 (5). (3) Fines for negligence referred to in paragraphs (1) and (2) shall be imposed and collected by the head of a competent central administrative agency, as prescribed by Presidential Decree.
ADDENDA Article 1 (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning Comprehensive Plan, etc.) At the time this Act enters into force, a comprehensive plan for safety management of industrial products under Article 9 (1) of the former Quality Control and Safety Management of Industrial Products Act shall be deemed a comprehensive plan under this Act until such plan is established pursuant to this Act. Article 3 (Transitional Measures concerning Korean Electrical Appliances Safety Association) (1) At the time this Act enters into force, the Korean Electrical Appliances Safety Association established under Article 16 of the former Electrical Appliances Safety Control Act (hereinafter referred to as the "Korean Electrical Appliances Safety Association") shall be deemed the Association under this Act. In such cases, the Association shall make necessary amendments to its articles of incorporation pursuant to this Act and obtain authorization therefor from the Minister of Knowledge Economy within three months after this Act enters into force. (2) At the time this Act enters into force, all property and rights and obligations that belong to the Korean Electrical Appliances Safety Association shall be universally succeeded to by the Association under this Act. (3) At the time this Act enters into force, the title of the Korean Electrical Appliances Safety Association entered in any register and other public books shall be read as the title of the Association under this Act. (4) Any act done by or in relation to the Korean Electrical Appliances Safety Association before this Act enters into force shall be deemed an act done by or in relation to the Association under this Act. (5) At the time this Act enters into force, references in other Acts and subordinate statutes to the Korean Electrical Appliances Safety Association shall be deemed references to the Association under this Act. Article 4 Omitted.
ADDENDUM This Act shall enter into force three months after the date of its promulgation. ADDENDA Article 1 (Enforcement Date) (1) This Act shall enter into force on the date of its promulgation. (2) Omitted. Articles 2 through 7 Omitted.
ADDENDA Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Official Announcement of Findings, etc. from Safety Inspections) The amended provisions of Article 15-2 shall apply beginning with cases where a safety inspection or inspection of an accident caused by a product is conducted under the amended provisions of Article 9 (1) or the provisions of Article 15 (2) after this Act enters into force. |