ELECTRIC APPLIANCES SAFETY CONTROL ACT

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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 52 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>
(3) The Mayor/Do governor may, where it is deemed difficult to prevent dangers and
hazards only with the upgrade, disposal or removal of the electric appliances subject to
the safety certification in question as prescribed in paragraph (1) or (2), order the
manufacturer of electric appliances subject to the safety certification or the operator of the
business of importing and selling electric appliances to publish the fact in the media,
exchange, refund, repair and implement other matters under the conditions as prescribed
by the Presidential Decree. <Amended by Act No. 7441, Mar. 31, 2005>
(4) Any public officials assigned to dispose of or remove any electric appliances in
question under the provisions of paragraph (2) shall produce their certificates showing
their authority to the persons concerned.
Article 9 (Revocation, etc. of Safety Certification)
(1) When the manufacturer of electric appliances subject to the safety certification having
been granted the safety certification falls under any of the following subparagraphs, the
safety certification institution may revoke the safety certification under the conditions as
provided by the Ordinance of the Ministry of Commerce, Industry and Energy or take the
measures for prohibiting the use of safety certification mark within the scope of six
months or give the improvement order: Provided, That if he falls under subparagraph 1,
his safety certification shall be revoked: <Amended by Act No. 7441, Mar. 31, 2005>
1. When he has received the safety certification in a fraudulent and other illegal
manners;
2. When the electric appliances subject to the safety certification manufactured after
obtaining the safety certification have been manufactured not to be in conformity
with the safety standards under the provisions of Article 5(2);
3. When he has failed to implement the conditions under the provisions of Article
5(3);
4. When he has refused, obstructed or avoided the regular inspections under the
provisions of Article 5(4);
5. As the results of regular inspections under the provisions of Article 5(4), the
manufacture and inspection facilities and technological abilities are not in
conformity with the inspection criteria;
6. When he has failed to conduct self-inspection under the provisions of Article
5(5);
7. When he has failed to prepare and keep the record of self-inspection under the
provisions of Article 5(5), or has prepared and kept them in falsity;
8. When he has failed to make the mark, etc. of safety certification under the
provisions of Article 6(1), or has made the mark, etc. in falsity; and
9. When he has violated the orders under the provisions of Article 8 (1) or (3).
(2) With respect to any person whose safety certification has been revoked in accordance
with the provisions of paragraph (1), any safety certification institution shall be prohibited
from giving any safety certification for the same model of the electric appliances subject
to the safety certification in question within one year from the date of revocation.
Article 10 (Safety Certification for Other Electric Appliances, etc.)
(1) Any person who intends to manufacture electric appliances other than the electric
appliances subject to the safety certification (hereinafter referred to as “other electric
appliances”) or to manufacture electric appliances overseas to export them to the Republic
of Korea may obtain the safety certification by the model of such electric appliances from
any safety certification institution.
(2) Any safety certification institution shall, when other electric appliances, the
manufacturer of which intends to get the safety certification in accordance with paragraph
(1), fall under each of the following subparagraphs, grant the safety certification:
1. When other electric appliances are in conformity with the safety standards that the
safety certification institution has set after obtaining approval from the Minister of
Commerce, Industry and Energy (in case that no approved safety standards are
existent, any international standards pertaining to the safety of electric
appliances); and
2. When any person who intends to manufacture other electric appliances at home or
to manufacture such other electric appliances overseas to export them to the
Republic of Korea is complete with manufacturing and inspection facilities and
equipment as well as technical capacity to guarantee continuously the safety of
other electric appliances.
(3) Any person who is granted the safety certification in accordance with paragraph (1)
may mark the safety certification, etc. on other electric appliances or on the containers and
packages of other electric appliances.
(4) Any person who fails to get the safety certification under paragraph (1) on his other
electric appliances shall not be permitted to mark the safety certification or indications
similar to such safety certification on other electric appliances concerned and the
containers or packages of other electric appliances concerned.
(5) Any safety certification institution may make service regulations governing methods
of and procedures for granting the safety certification as prescribed in paragraph (1).
Article 10-2 (Korea Electrical Goods Safety Association)
(1) The manufacturers of electric appliances and the operators of the business of
importing and selling electric appliances may establish the Korea Electrical Goods Safety
Association (hereafter in this Article, referred to as the “Association”) after obtaining an
approval of the Minister of Commerce, Industry and Energy for the quality improvement
and safety maintenance of electric appliances.
(2) The Association under the provisions of paragraph (1) shall perform the following
business:
1. Research, development and education on the systems of electric appliances safety
certification;
2. Publication and diffusion of the criteria for electric appliances safety;
3. Investigation and verification of illegal electric appliances;
4. Cooperative projects related to electric appliances safety with enterprises, etc.;
and
5. Other businesses entrusted by the Minister of Commerce, Industry and Energy.
(3) The Association shall be a juristic person.
(4) Matters necessary for the guidance, etc. to the Association shall be prescribed by the
Presidential Decree.
(5) Except for otherwise provided in this Act, the provisions on the corporate juristic
person in the Civil Act shall apply mutatis mutandis to the Association. <Amended by Act
No. 7747, Dec. 23, 2005>
(6) The Minister of Commerce, Industry and Energy may render the support necessary for
the Association to perform the business listed on each subparagraph of paragraph (2).
<This Article Newly Inserted by Act No. 7441, Mar. 31, 2005>
Article 11 (Report and Inspection, etc.)
(1) When the Minister of Commerce, Industry and Energy deems it necessary to confirm
whether or not the matters falling under subparagraph 1 through 4 or 6 from among each
of the following subparagraphs are implemented, he may ask any manufacturer of electric
appliances subject to the safety certification and the person as prescribed in each
subparagraph of Article 6(3) to report the manufacturing, sale and use, etc. of electric
appliances subject to the safety certification or get his officials to visit offices, factories,
the places of business, stores, warehouses and other necessary places to check the
manufacturing of electric appliances, inspection facilities and equipment and electric
appliances, examine documents and books and articles and question persons concerned
under the conditions as prescribed by the Presidential Decree. The same shall also apply
to the case where the Mayor/Do governor deems that it is necessary to verify whether the
electric appliances subject to the safety certification are in conformity with the safety
criteria under the provisions of Article 5(2), or they violate the provisions of Article 6, or
to verify the matters falling under subparagraph 5 from among each of the following
subparagraphs: <Amended by Act No. 7441, Mar. 31, 2005>
1. Matters relating to the safety certification, regular inspections, self-inspections,
etc. as prescribed in Article 5;
2. Matters relating to the safety inspection as prescribed in Article 5-2;
3. Matters relating to the mark, etc. of safety certification as prescribed in Article 6;
4. Matters relating on the prohibition on the sale and use of electric appliances
subject to the safety certification, which do not carry any mark, etc. of safety
certification as prescribed in Article 7;
5. Matters relating to the execution of the order given to upgrade, dispose of and
removal, and the order given to publish, exchange, refund, and repair, etc. as
prescribed in Article 8 (1) or (3); and
6. Matters relating to the prohibition on the mark, etc. of the safety certification as
prescribed in Article 10(4).
(2) The Minister of Commerce, Industry and Energy or the Mayor/Do governor shall,
when he intends to make an inspection under paragraph (1) (including questioning;
hereafter the same shall apply in this Article), notify the relevant person concerned of
inspection schedule including the time and date, reason, contents, etc. not later than seven
days before he makes it: Provided, That this shall not apply in case of urgency or where it
is deemed the aim of inspection may not be achieved due to destruction of evidence, etc.
when notified in advance. <Newly Inserted by Act No. 7747, Dec. 23, 2005>
(3) The public official who gets access and makes an inspection under paragraph (1) shall
display a certificate indicating his authority to the relevant person, and, when he gets
access, deliver to the relevant person a document wherein the name of the public official
concerned, time of access, purpose of access, etc. are written. <Amended by Act No. 7747,
Dec. 23, 2005>
Article 12 (Hearings)
The Minister of Commerce, Industry and Energy shall, where he intends to cancel the
designation of any safety certification institution in accordance with the provisions of
Article 4, hold hearings.
Article 13 (Delegation and Entrustment of Authority)
(1) The Minister of Commerce, Industry and Energy may delegate part of his authority
under the provisions of this Act to the Administrator of the Agency for Technology and
Standards or the Mayor/Do governor under the conditions as prescribed by the
Presidential Decree. <Amended by Act No. 7441, Mar. 31, 2005>
(2) The Minister of Commerce, Industry and Energy may entrust the duty falling under
any of the following subparagraphs from among his duties under the provisions of this
Act to the heads of institutions and organizations which perform duties related to such
duties under the conditions as prescribed by the Presidential Decree: <Amended by Act
No. 7441, Mar. 31, 2005>
1. The duty relating to the confirmation of electric appliances subject to the safety
certification under the provisions of Article 5(1) 1; and
2. The duty relating to report, inspection and questioning, etc. under the provisions
of Article 11.
(3) The Mayor/Do governor may delegate part of his authority delegated by the Minister
of Commerce, Industry and Energy under paragraph (1) to the head of Si/Gun/Gu (limited
to the head of autonomous Gu) after getting approval from the Minister of Commerce,
Industry and Energy.
Article 14 (De Facto Public Officials in Applying Penal Provisions)
The officers and employees of any safety certification institution or any other institution
or organization engaged in the entrusted duties under Article 13(2), in applying Articles
129 through 132 of the Criminal Act, shall be deemed public officials. <Amended by Act
No. 7747, Dec. 23, 2005>
Article 15 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be punished by
imprisonment for not more than 3 years or by a fine not exceeding 30 million won:
<Amended by Act No. 7441, Mar. 31, 2005>
1. A person who has been designated as a safety certification institution under
Article 3(1) in a fraudulent and illegal manner, and has performed the safety
certification or the safety inspection;
2. A person who has performed safety certification or safety inspection without
getting his safety certification institution designated under Article 3(1);
3. A person who has performed safety certification or safety inspection after the
designation of his safety certification institution had been revoked under Article
4(1) or during a period for which his business has been suspended;
4. A person who has got the safety certification under Article 5 or the safety
inspection under Article 5-2 in a fraudulent and illegal manner;
5. A person who has manufactured any electric appliances subject to the safety
certification without getting the safety certification under Article 5;
6. A person who has granted safety certification in contravention of the provisions
of Article 5(2) or performed the safety inspection in contravention of the
provisions of Article 5-2(2);
7. A person who has marked the safety certification or other similar marks on any
electric appliances subject to the safety certification or on the containers and
packages of such electric appliances without obtaining the safety certification or
safety inspection; and
8. A person who has sold any electric appliances subject to the safety certification,
which do not carry any mark, etc. of the safety certification, imported, displayed
or stored for the purpose of selling such electric appliances in contravention of the
provisions of Article 7(1).
Article 16 (Penal Provisions)
Any person falling under any of the following subparagaphs shall be punished by a fine
not exceeding 10 million won: <Amended by Act No. 7441, Mar. 31, 2005>
1. A person who has failed to conduct the self-inspection in accordance with the
provisions of Article 5(5);
2. A person who has voluntarily altered or erased the mark, etc. of the safety
certification in contravention of the provisions of Article 6(3);
3. A person who has used any electric appliances subject to the safety certification,
which do not carry any mark, etc. of the safety certification in contravention of
the provisions of Article 7(2);
4. A person who has failed to execute the order under the provisions of Article 8 (1)
or (3);
5. A person who has granted safety certification in contravention of the provisions
of Article 9(2);
6. A person who has granted safety certification in contravention of the provisions
of Article 10(2); and
7. A person who has manufactured and sold any electric appliances by marking the
safety certification, etc. or any mark similar to such safety certification on such
electric appliances or on the containers or packages of such electric appliances in
contravention of the provisions of Article 10(4).
Article 17 (Joint Penal Provisions)
If the representative of a corporation, or the agent, the employed, or other employees of a
corporation or an individual commits the act of violating Articles 15 and 16 in relation to
the business of the corporation or the individual, such corporation and individual shall be
punished by a fine according to each relevant Article in addition to the punishment of the
actor.
Article 18 (Fine for Negligence)
(1) Any person falling under any of the following subparagraphs shall be punished by a
fine for negligence not exceeding 5 million won: <Amended by Act No. 7441, Mar. 31,
2005>
1. A person who has rejected, obstructed or dodged the regular inspection under the
provisions of Article 5(4);
2. A person who has failed to compile records of the self-inspection or keep such
records under the provisions of Article 5(5) or compiled false records and kept
such false records;
3. A person who has failed to make a report under the provisions of Article 11(1) or
made a false report; and
4. A person who has rejected, obstructed or dodged the inspection or questioning
under the provisions of Article 11(1).
(2) The fine for negligence referred to in paragraph (1) shall be imposed and collected by
the Minister of Commerce, Industry and Energy or the Mayor/Do governor under the
conditions as prescribed by the Presidential Decree. <Amended by Act No. 7441, Mar. 31,
2005>
(3) Any person who is dissatisfied with a disposition taken to impose a fine for negligence
against him in accordance with paragraph (2) may raise an objection to the Minister of
Commerce, Industry and Energy or the Mayor/Do governor within 30 days from the date
on which a notice of such disposition was served on him. <Amended by Act No. 7441,
Mar. 31, 2005>
(4) When a person who has been subjected to a disposition taken to impose a fine for
negligence against him under the provisions of paragraph (2) raises an objection under the
provisions of paragraph (3), the Minister of Commerce, Industry and Energy or the
Mayor/Do governor shall notify without delay the competent court of the fact and the
competent court shall, upon receiving such notice, put the case on trial in accordance with
the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 7441, Mar. 31,
2005; Act No. 7747, Dec. 23, 2005>
(5) When any person fails to raise any objection within a period as prescribed in
paragraph (3) and to pay the fine for negligence, such fine for negligence shall be
collected according to the example of a disposition taken to collect national or local taxes
in arrears.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Article 2 (Transitional Measures concerning Type Approval for Category I Electric
Appliances)
The category I electric appliances for which the type approval is granted under the
previous provisions at the time of enforcement of this Act shall be deemed the electric
appliances subject to the safety certification for which the safety certification is granted
under the provisions of Article 5 (1) until the valid period of the type approval.
Article 3 (Transitional Measures concerning Penal Provisions)
The application of the penal provisions to any act committed prior to the enforcement of
this Act shall be governed by the previous provisions.
Article 4 Omitted.
ADDENDA <Act No. 7441, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Application Example to Secondhand Electric Appliances)
The amended provisions of Article 5(1) 3 shall apply starting with the secondhand electric
appliances first imported after the enforcement of this Act.
Article 3 (Transitional Measures concerning Korea Electrical Goods Safety
Association)
(1) The corporate juristic person, Korea Electrical Goods Safety Institution, at the time of
enforcement of this Act, may file an application with the Minister of Commerce, Industry
and Energy for an approval thereon, by going through a resolution of its board of directors,
so as to have the Korea Electrical Goods Safety Association to be established under the
amended provisions of Article 10-2 succeed to its all rights and obligations.
(2) The corporate juristic person, Korea Electrical Goods Safety Institution, obtaining an
approval of the Minister of Commerce, Industry and Energy by an application under the
provisions of paragraph (1) shall be deemed to have been dissolved concurrently with the
establishment of the Korea Electrical Goods Safety Association under this Act,
notwithstanding the provisions of dissolution and liquidation of the corporate juristic
person in the Civil Act.
(3) All properties, rights and obligations of the corporate juristic person, Korea Electrical
Goods Safety Institution, obtaining an approval by an application under the provisions of
paragraph (1) shall be succeeded by the Korea Electrical Goods Safety Association to be
established under this Act. In this case, the previous articles of association, etc. shall be
altered to be in conformity with the requirements of this Act.
Article 4 (Transitional Measures concerning Penal Provisions)
The previous provisions shall govern an application of penal provisions to the acts
committed prior to the enforcement of this Act.
Article 5 Omitted.
ADDENDUM <Act No. 7747, Dec. 23, 2005>
This Act shall enter into force on the date of its promulgation.
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