国内政策【切换】 国际政策

Executive decree of the product safety framework law [implementation date: October 8, 2019 Articles 5 to 9

Article 5-4 (Safety Inspections on Imported Products and Follow-Up Measures) (1) Where the Commissioner of the Korea Customs Service is requested to return or destroy an imported product before customs clearance pursuant tot to the main sentence of Article 9-3 ( 4) of the Act, he or she shall take necessary measures pursuant tot to Article 160 or 241 of the Customs Act.

(2) Where the head of a central administrative agency requests the Commissioner of the Korea Customs Service to take improvement measures pursuant tot to the main sentence of Article 9-3 (4) of the Act, the Commissioner of the Korea Customs Service may require the business entity of the relevant product to take improvement measures. In such cases, the business entity shall take improvement measures, except in extenuating circumstances.

(3) Significant defects under Article 9-3 (4) 2 of the Act shall be as follows:

1. A defect which poses or is likely to pose the following harm to consumers due to the lack of safety normally expected regarding the manufacture, distribution, or use of a product:

(a) Death;

(b) Physical injury, such as a fracture, suffocation, a burn or electric shock, or disease which requires medical treatment for at least four weeks in a medical institution under Article 3 (2) of the Medical Service Act;

2. A defect which causes or is likely to cause a fire or explosion.

[This Article Newly Inserted by Presidential Decree No. 26646, Nov. 18, 2015]

Article 6 (Procedures for Recall Recommendations) (1) Where the head of a central administrative agency recommends a business entity to implement a recall, etc. pursuant to Article 10 (1) of the Act, he or she shall issue the document (including an electronic document), specifically stating the following:

1. Name, trademark, and model name of the relevant product;

2. Grounds for issuing a recommendation and the details thereof;

3. Trade name of the manufacturer or importer of the relevant product and the name of the representative thereof;

4. Deadline for notifying whether the business entity will accept the recommendation;

5. Measures to be taken when the business entity refuses to accept the recommendation;

6. Other matters the head of a central administrative agency deems necessary for the business entity to implement the recall, etc.

(2) A business entity, in receipt of a recall recommendation, etc. under paragraph (1), shall notify the head of a central administrative agency of whether he or she accepts the recommendation in writing, stating the following, within ten days:

1. Trade name of the business entity and the name of the representative thereof;

2. Whether he or she accepts the recommendation;

3. The serial number or lot number of the relevant product;

4. A plan to take measures, such as the timing and method for the recall, etc.;

5. In cases of refusing to accept the recommendation, the grounds for such refusal.

Article 7 (Methods of Publication) The head of a central administrative agency may publish the following through newspapers, broadcast media, or the product safety information network specified in Article 16 (1) of the Act pursuant to Article 10 (2) of the Act :

1. Name, trademark, and model name of the relevant product;

2. The serial number or lot number of the relevant product;

3. Grounds for issuing recommendations and the details thereof;

4. Trade name of the business responsible for complying with the recommendations and the name of the representative thereof;

5. Other matters the head of a central administrative agency deems necessary to protect consumers.

Article 8 (Reports on Status of Product Recalls) (1) "Matters prescribed by Presidential Decree, such as the outcomes of taking measures" in Article 10 (3) of the Act means the following:

1. Matters recommended by the head of a central administrative agency on the recall, etc.;

2. Details of the recall, etc. and the amount of products recalled;

3. Measures to be taken for the products that failed to be recalled, etc.;

4. Measures to prevent recurrence of harms.

(2) A person who intends to file a report under Article 10 (3) of the Act shall submit a report on status of product recalls in attached Form 1-3 to the head of a central administrative agency.  <Amended by Presidential Decree No. 26441, Jul. 24, 2015>

Article 9 (Procedures for Issuing Orders for Product Recalls) (1) Where the head of a central administrative agency issues an order for a product recall, etc. pursuant to Article 11 (1) of the Act, he or she shall issue the document (including an electronic document) stating the following:

1. Name, trademark, and model name of the relevant product;

2. The serial number or lot number of the relevant product;

3. Grounds for issuing an order for a product recall, etc., and the details thereof;

4. Trade name of the manufacturer or the importer of the relevant product and the name of the representative thereof;

5. Timing and methods for the recall, etc.;

6. Other matters the head of a central administrative agency deems necessary to issue an order for a product recall, etc.

(2) Article 7 shall apply mutatis mutandis to the publication under Article 11 (1) of the Act. In such cases, "recommendation" shall be construed as "order".