ELECTRIC APPLIANCES SAFETY CONTROL ACT
Article 1 (Purpose)
The purpose of this Act is to provide matters relating to the safety control in the process of manufacturing, assembling, processing, selling and using electric appliances to prevent occurrence of hazards and troubles such as fire and electric shock, etc.
Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 7747, Dec. 23, 2005>
1. The term “electric appliances” means parts of the electric facilities and equipment under the Electric Utility Act (hereinafter referred to as “electric facilities and equipment”), or machinery, appliances, materials or their parts and belongings which are connected to electric facilities and equipment for use;
2. The term “safety certification” means the act of certifying the safety of electric appliances produced, assembled and processed (hereinafter referred to as the “manufacture”) by any manufacturer of electric appliances subject to the safety certification under Article 5(1) for the purpose of selling after going through the inspection of electric appliances and the assessment of the production system such as manufacturing and inspection facilities and equipment; and
3. The term “electric appliances subject to the safety certification” means electric appliances which are feared to cause hazards and troubles such as fire and electric shock, etc., due to the structures, methods of use, etc. and prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.
Article 3 (Designation, etc. of Institutions in Charge of Safety Certification, etc.)
(1) The Minister of Commerce, Industry and Energy may designate institutions in charge of making the safety certification and safety inspection to ensure the safety of electric appliances. <Amended by Act No. 7441, Mar. 31, 2005>
(2) Any corporation or any organization that intends to get the designation referred to in paragraph (1) shall file an application for such designation with the Minister of Commerce, Industry and Energy after securing certification examiners and testing facilities and equipment, etc.
(3) The Minister of Commerce, Industry and Energy may guide and supervise any institution in charge of making the safety certification and safety inspection within the scope necessary to attain the objective of the designation referred to in paragraph (1). <Amended by Act No. 7441, Mar. 31, 2005>
(4) Necessary matters concerning standards, methods and procedures of the designation referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.
Article 4 (Cancellation, etc. of Designation of Safety Certification Institution)
(1) The Minister of Commerce, Industry and Energy may, if any corporation or any organization designated as an institution in charge of making the safety certification and safety inspection in accordance with the provisions of Article 3 (hereinafter referred to as the “safety certification institution”) falls under any of the following subparagraphs, cancel such designation or order the business of making the safety certification and safety inspection suspended in whole or in part for a fixed period not exceeding one year: Provided, That if any safety certification institution falls under subparagraph 1 or 2, its designation shall be cancelled: <Amended by Act No. 7441, Mar. 31, 2005>
1. When the safety certification institution is designated in a fraud and other illegal means;
2. When the safety certification institution makes the safety certification or safety inspection during a period for which its business is suspended;
3. When the safety certification institution fails to grant the safety certification or safety inspection without any justifiable reasons;
4. When the safety certification institution is found not to be in conformity with the designation standards as prescribed in the provisions of Article 3(4);
5. When the safety certification institution makes the safety certification in violation of Article 5(2) or the safety inspection in violation of Article 5-2(2); and
6. When the safety certification institution makes the safety certification or the safety inspection in violation of the methods of and procedures, etc. for the safety certification under the provisions of Article 5(7) or the safety inspection under the provisions of Article 5-2(3).
(2) Necessary matters concerning standards for cancelling the designation and suspending the business, etc. as prescribed in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.
Article 5 (Safety Certification, etc.)
(1) Any person who intends to manufacture electric appliances subject to the safety certification or manufacture them overseas and export them to the Republic of Korea (hereinafter referred to the “manufacturer of electric appliances subject to the safety certification”) shall obtain the safety certification by the models (referring to the types of appliances given the proper names provided by the Ordinance of the Ministry of Commerce, Industry and Energy) of electric appliances subject to the safety certification from the safety certification institution: Provided, That the same shall not apply to the case where they fall under any of the following subparagraphs: <Amended by Act No. 7441, Mar. 31, 2005>
1. Where the confirmation of the Minister of Commerce, Industry and Energy has been obtained for the electric appliances subject to the safety certification to be manufactured or imported for the purpose of research, development or export, which are provided by the Ordinance of the Ministry of Commerce, Industry and Energy;
2. Where the safety certification has been obtained in a foreign safety certification institution provided by the Minister of Commerce, Industry and Energy; and
3. Where the secondhand electric appliances corresponding to the electric appliances subject to the safety certification which have been imported from the foreign states and sold, have been subject to the safety inspection under the provisions of Article 5-2.
(2) Any safety certification institution shall grant the safety certification when any electric appliances subject to the safety certification are in conformity with the safety standards prescribed and published by the Minister of Commerce, Industry and Energy, and any manufacturer of electric appliances subject to the safety certification is complete with manufacturing and inspection facilities and equipment as well as technical capability which combine to ensure the continuous safety of electric appliances subject to the safety certification.
(3) Any safety certification institution may, where it grants the safety certification in accordance with paragraph (2), attach conditions to such safety certification under the conditions as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.
(4) The safety certification institution shall perform the regular inspection not less than once per year under the procedures and methods as provided by the Ordinance of the Ministry of Commerce, Industry and Energy on the electric appliances subject to the safety certification, the manufacture and inspection facilities and technological abilities for the purpose of the verification of whether or not the electric appliances subject to the safety certification having received the safety certification under the provisions of paragraph (1) maintain the safety continuously: Provided, That in the case of the manufacturer of electric appliances subject to the safety certification having received the safety certification under paragraph (2) whose actual records of regular inspection and self inspection are excellent, the whole or part of regular inspection may be exempted under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 7441, Mar. 31, 2005>
(5) Any manufacturer of electric appliances subject to the safety certification, who has been granted the safety certification, shall inspect any electric appliances subject to the safety certification on its own, which are manufactured after such safety certification has been granted, record such inspections and keep records thereof under the conditions as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.
(6) Any safety certification institution may conclude agreements with other domestic and foreign institutions which are mandated to inspect the safety of any electric appliances subject to the safety certification, under which such institutions mutually recognize the results of their inspections and the results of the valuation of the manufacture and inspection facilities and technological abilities with respect to the safety of electric appliances subject to the safety certification, under the conditions as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy. <Amended by Act No. 7441, Mar. 31, 2005>
(7) Matters necessary for the safety certification and confirmation under the provisions of paragraph (1) and the methods, procedures, fees, etc. of the regular inspection under the provisions of paragraph (4), shall be prescribed by the Presidential Decree. <Amended by Act No. 7441, Mar. 31, 2005>
(8) Deleted. <by Act No. 7441, Mar. 31, 2005>
Article 5-2 (Safety Inspection)
(1) A person intending to import the secondhand electric appliances corresponding to the electric appliances subject to the safety certification from the foreign states and to sell them, shall receive the safety inspection on the imported quantities: Provided, That the same shall not apply to the case where the safety certification under the provisions of Article 5 has been obtained.
(2) The safety criteria under the provisions of Article 5(2) shall apply mutatis mutandis to the criteria for the safety inspection under the provisions of paragraph (1).
(3) Matters necessary for the methods, procedures, fees, etc. of the safety inspection under the provisions of paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Newly Inserted by Act No. 7441, Mar. 31, 2005>
Article 6 (Mark, etc. of Safety Certification)
(1) Any manufacturer of electric appliances subject to the safety certification who has been granted the safety certification or any person who has received the safety inspection for electric appliances subject to the safety certification shall mark the safety certification under the provisions of Article 5 or the safety inspection under the provisions of Article 5-2 on the electric appliances subject to the safety certification which the safety certification has been granted or on the containers or packages of such appliances (hereinafter referred to as the “mark, etc. of safety certification”) under the conditions as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy. <Amended by Act No. 7441, Mar. 31, 2005>
(2) Any person who has failed to obtain the safety certification under the provisions of Article 5 or the safety inspection under the provisions of Article 5-2 for his electric appliances subject to the safety certification shall be prohibited from marking the safety certification or anything similar to such safety certification on the electric appliances subject to the safety certification, or the containers or packages of such electric appliances subject to the safety certification. <Amended by Act No. 7441, Mar. 31, 2005>
(3) Any person falling under any of the following subparagraphs shall be prohibited from voluntarily altering or erasing the mark, etc. of the safety certification on any electric appliances subject to the safety certification which the safety certification has been granted in accordance with Article 5 or the safety inspection has been taken under the provisions of Article 5-2 or on the containers or packages of such electric appliances: <Amended by Act No. 7441, Mar. 31, 2005; Act No. 7747, Dec. 23, 2005>
1. An electricity business operator under subparagraph 2 of Article 2 of the Electric Utility Act;
2. A person who runs the business of installing private electric facilities and equipment under subparagraph 17 of Article 2 of the Electric Utility Act;
3. A person who runs the business of undertaking the electrical work under subparagraph 3 of Article 2 of the Electric Utility Act;
4. A person who runs the business of manufacturing electric appliances using parts or belongings of electric appliances subject to the safety certification; and
5. A person who runs the business of importing or selling electric appliances subject to the safety certification (hereinafter referred to as the “operator of the business of importing and selling electric appliances”).
Article 7 (Prohibition on Sale and Use, etc. of Electric Appliances without Mark, etc. of Safety Certification)
(1) Any operator of the business of importing and selling electric appliances shall be prohibited from selling any electric appliances subject to the safety certification, which do not carry any mark, etc. of the safety certification, or importing, displaying or holding such electric appliances for the purpose of selling them.
(2) Any person falling under any of Article 6 (3) 1 through 4 shall be prohibited from using any electric appliances subject to the safety certification, which do not carry any mark, etc. of the safety certification.
Article 8 (Order, etc. Given to Upgrade, Dispose of, Remove Electric Appliances Subject to Safety Certification)
(1) The Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the “Mayor/Do governor”) may, if any electric appliances subject to the safety certification are found to fall under any of the following subparagraphs, order the manufacturer of electric appliances subject to the safety certification or the operator of the business of importing and selling electric appliances to upgrade, dispose of or remove such electric appliances subject to the safety certification for a fixed period under the conditions as prescribed by the Presidential Decree: <Amended by Act No. 7441, Mar. 31, 2005>
1. When they have failed to receive the safety certification under the provisions of Article 5 or the safety inspection under the provisions of Article 5-2(1);
2. When they are not in conformity with the safety standards under the provisions of Article 5(2) (including the case applied mutatis mutandis in Article 5-2(2)); and
3. When the mark, etc. of safety certification or other marks similar thereto are put on the electric appliances subject to the safety certification which have failed to obtain the safety certification in violation of the provisions of Article 6(2).
(2) The Mayor/Do governor may, where the manufacturer of electric appliances subject to the safety certification or the operator of the business of importing and selling the electric appliances fails to follow the order given to upgrade, dispose of or remove the electric appliances in question, let his officials dispose of or remove such electric appliances at the cost of such manufacturer or such operator, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 7441, Mar. 31, 2005>