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韩国——贸易 工业和能源部工业产品质量控制与安全管理法实施令 第5章（英文版）2004 1

※ These English laws and regulations are provided by the Korea Legislative Research Institute , and as reference materials to enhance understanding of Korean laws, they do not have any legal or official effect.

ENFORCEMENT DECREE OF THE QUALITY CONTROL AND SAFETY MANAGEMENT OF INDUSTRIAL PRODUCTS ACT

[Enforcement Date 17. Mar, 2004.] [Presidential Decree No.18312, 17. Mar, 2004., Amendment by Other Act]

Ministry of Trade, Industry and Energy (National Institute of Technology and Standards , Consumer Product Safety Division) , 043-870-5455

Article 1 (Purpose)

The purpose of this Decree is to provide the matters delegated by the Quality Management and the Safety Control of Industrial Products Act and those necessary for the enforcement thereof.

Article 2 (Survey on Actual Conditions of Quality Management) (1) In case where the Minister of Commerce, Industry and Energy deems it necessary for devising a comprehensive policy on the quality management under Article 3 of the Quality Management and the Safety Control of Industrial Products Act (hereinafter referred to as the “Act”), he may conduct a survey on the actual conditions of the quality management of enterprises, public institutions or organizations, etc. (hereinafter referred to as the “enterprises, etc.”), or request them to furnish data or opinions.

(2) The Minister of Commerce, Industry and Energy shall, where intending to conduct a survey on the actual conditions under paragraph (1),

notify in advance the enterprises, etc. of the matters to be surveyed, survey schedule, etc. not later than 7 days prior to the survey on the actual conditions.

Article 3 (Designation of Headquarters for Quality Management Promotion)

The term “corporations, public institutions or organizations as prescribed by the Presidential Decree” in Article 4 (1) of the Act means the Korean Standards Association under Article 29 of the Industrial Standardization Act and other corporations, public institutions or organizations established for the principal purposes of disseminating or promoting the quality management.

Article 4 (Designation of Supporting Institutions for Quality Management)

The term “corporations, institutions or organizations as prescribed by the Presidential Decree” in Article 5 (1) of the Act means the corporations, institutions or organizations falling under any of the following subparagraphs:

1. The Korea Chamber of Commerce and Industry under the Chambers of Commerce and Industry Act;

2. The Korea Productivity Center under Article 27 of the Industrial Development Act; and

3. Corporations, institutions or organizations related to disseminating or promoting the quality management which satisfy the following requirements:

(a) To have the accomplishment of research on or experiences in the business falling under each subparagraph of Article 5 (2) of the Act (hereinafter referred to as the “quality management supporting business”); and

(b) To equip with the professional manpower and facilities necessary for the quality management supporting business.

Article 5 (Prize, etc.) (1) The subject to and kinds of prize under Article 6 (2) of the Act shall be as follows:

1. Prizes falling under each of the following items to the excellent enterprises in quality management:

(a) Korea quality grand prize;

(b) Quality management prize; and

(c) Sectional prizes and techniques prizes awarded to the strategic management, customer satisfaction, equipment renovation, physical distribution innovation, and other fields of promotion of the quality management;

2. Gold prize, silver prize, and bronze prize to the excellent quality management small teams: and

3. Quality master craftsman to any individual who has achieved the significant results in the quality improvement.

(2) The Minister of Commerce, Industry and Energy shall determine the matters concerning the method and procedure for selection of awardees, criteria for the prizes under paragraph (1), and notify them publicly not later than the end of March each year.

(3) The Minister of Commerce, Industry and Energy may provide the persons selected as the awardees under paragraph (1) with assistances listed in the following subparagraphs: Provided, That the assistance under subparagraph 1 shall be limited to only the case where the awardees are small or medium enterprises, small teams belonging thereto, or indi viduals:

1. Assistance in expenditures to be incurred in the domestic or overseas training on quality management of officers and employees of the relevant enterprise or small team or the person selected as a quality master craftsman; or

2. Selection as a guidance lecturer for quality management and assistance in the instruction fees.

Article 6 (Business Related to Quality Management Systems)

The term “business prescribed by the Presidential Decree as the business related to the quality management systems” in Article 7 (2) 3 of the Act means the business of fostering and training the professional manpower for maintenance and diffusion of quality management systems in the enterprises , etc.

Article 7 (Order to Improve, Destroy or Remove Industrial Products Subject to Safety Test) (1) The Minister of Commerce, Industry and Energy may, pursuant to the provisions under any of the following subparagraphs, order to improve, destroy or remove the industrial products subject to safety test under Article 15 (1) of the Act:

1. Where the industrial products subject to safety test fail to satisfy the standard for safety test under Article 11 (1) of the Act, order to improve for a fixed period of not more than one month, and where they fail to improve within the specified period, order to destroy or remove for a fixed period of not more than two months;

2. Where the industrial products subject to safety test which have not undergone the safety test carry the marks, etc. of passing the safety test under Article 13 (1) of the Act (hereinafter referred to as the “marks, etc. of the safety test”) or marks similar thereto, order to destroy or remove for a fixed period of not more than two months; or

3. Where the industrial products which have passed the safety test fail to carry the marks, etc. of the safety test or violate the standard for marking the safety test, order to improve for a fixed period of not more than one month.

(2) The order to improve, destroy or remove under paragraph (1) shall be made in writing specifying the following matters:

1. Names, trademarks, kinds, grades and application of the relevant industrial products;

2. Lot number or manufacturing date (in case of imported goods, date of import) of the relevant industrial products;

3. Names and trade names of the persons liable for executing the orders;

4. Cause of the order, and contents of the order;

5. Period of the execution; and

6. Other matters deemed necessary by the Minister of Commerce, Industry and Energy.

(3) The Minister of Commerce, Industry and Energy shall, where he intends to directly destroy or remove the industrial products subject to the safety test under Article 15 (2) of the Act, have the manufacturer, importer, seller or business operator of the relevant industrial products take part in it: Provided, That this shall not apply to the case where the manufacturer, importer, seller or business operator of the relevant industrial products fails to comply with it or where their whereabouts are unknown.

(4) Persons in receipt of the order for execution under paragraph (1) shall submit a plan for executing it to the Minister of Commerce, Industry and Energy under the conditions as determined by the Ordinance of the Ministry of Commerce, Industry and Energy, and where such execution is finished, the results thereof shall be reported to the Minister of Commerce, Industry and Energy.

Article 8 (Public Notice of Dangerous Fact and Orders to Exchange, Refund, Repair, etc. of Industrial Products Subject to Safety Test) (1) The Minister of Commerce, Industry and Energy may, where deemed necessary for issuing an order for a public notice, etc. of dangerous fact under Article 15 (3) of the Act, request the national or public testing institutions or the safety testing institution designated under Article 9 (1) of the Act to test the relevant industrial products for whether or not they are dangerous.

(2) The Minister of Commerce, Industry and Energy shall, where he issues an order under Article 15 (3) of the Act, do so in writing by indicating the matters falling under any of the following subparagraphs:

1. Names, trademarks, kinds, grades and application of the relevant industrial products;

2. Lot number or manufacturing date (in case of imported goods, date of import) of the relevant industrial products;

3. Names and trade names of the persons liable for executing the orders;

4. Cause of the order, and contents of the order;

5. Period of the execution. In this case, such period shall be within 3 months;

6. Method of public notice of dangerous fact; and

7. Other matters deemed necessary by the Minister of Commerce, Industry and Energy.

(3) Persons in receipt of the order for execution under paragraph (2) shall submit a plan for exchange, refund, repair, etc. to the Minister of Commerce, Industry and Energy under the conditions as determined by the Ordinance of