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Consumer Safety Information
Automobiles or automobiles with defective parts, etc. may be subject to recall.
Recall requirements related to automobile safety- The following cases apply to a person who has registered automobile manufacturing/testing/inspection facilities with the Minister of Land, Infrastructure and Transport (hereinafter "vehicle manufacturer") or a person who manufactured, assembled, or imported (hereinafter "manufactured, etc.") automobile parts (hereinafter "part manufacturer") (The main text of Article 31(1), 「Motor Vehicle Management Act」 and each number of Article 41(1), 「Enforcement Decree of the Motor Vehicle Management Act」)
· In cases where manufactured automobiles or automobile parts, etc. do not meet the automobile safety standards or parts safety standards.
· In cases where safety is hindered by design, manufacturing or performance problems.
√ It must be a common problem in many cars or parts of the same type.
√ It must be a problem that causes or is likely to cause a traffic accident resulting in damages tohuman life, such as death or injury.
· Provided, however, that with respect to any of the following defects among the safety standards for motor vehicles or motor vehicle parts, economic compensation may be made in lieu of the aforesaid corrective measures. (Proviso and each number of Article 31(1), 「Motor Vehicle Management Act」)
- Penalty for violation
· A person who violates and does not recall products may be imposed a penalty surcharge not exceeding 3/100 of the turnover of the relevant motor vehicles or motor vehicle parts on any business entity, or be liable to imprisonment with labor for not more than 10 years or to a fine of not more than 100 million won. (Article 74(2) and Subparagraph 1, Article 78, 「Motor Vehicle Management Act」)
※ Detailed information on the reporting of vehicle defects and the confirmation of motor vehicles or motor vehicle parts etc. subject to recall can be viewed at <Vehicle Recall Center>.
Recall requirements for motor vehicle emissions- The Minister of Environment shall, when a motor vehicle subject to inspection is determined not to conform tothe permissible emission levels for manufactured motor vehicles as a result of inspections conducted to confirm the presence of defects, and when the manufacturer of the motor vehicle concerned is deemed responsible for the cause thereof, issue an order for the correction of the defects in such motor vehicle model. (Article 51(4), 「Clear Air Conservation Act」)
· Provided, however, that where the motor vehicle manufacturer admits the existence of defects prior to any determination resulting from inspections and attempts to correct such defects directly, the order for the correction of defects may be omitted. (Proviso to Article 51(4), 「Clear Air Conservation Act」)
- Where exhaust emission-related parts fail to maintain their normal functions, the owner of the motor vehicle may demand that the relevant motor vehicle manufacturer correct the defect within the warranty period of the exhaust emission-related parts. (Article 52(1), 「Clear Air Conservation Act」)
- Penalty for violation
· Any vehicle manufacturer that violates the relevant regulation and does not recall defective products may lose its authorization to manufacture vehicles and shall be liable to imprisonment with labor for not more than five years or to a fine not exceeding 50 million won. (Subparagraph 4, Article 55 and Subparagraph 7, Article 90, 「Clear Air Conservation Act」)
Hazardous foods and foods that violate the labeling and advertisement standards may be subject to recall. Recall requirements related to hazardous foods- Any business operator that has manufactured, processed, subdivided, imported or sold foods, etc. for sale (including an importer or dealer of imported foods registered pursuant to Article 15 of the Special Act on Imported Food Safety Control; hereinafter the same shall apply in this Article) shall recall the relevant foods, etc. from circulation without delay or take the measures necessary for recalling such foods, etc. (Article 45(1), 「Food Sanitation Act」)
· Prohibition against the Sale of Harmful Foods, etc. (Article 4, 「Food Sanitation Act」)
· Prohibition against the Sale of Meat Affected by Diseases, etc. (Article 5, 「Food Sanitation Act」)
· Prohibition against the Sale of Chemical Synthetics without the Prescribed Standards and Specifications, etc. (Article 6, 「Food Sanitation Act」)
· Standards and Specifications concerning Foods or Food Additives, etc. (Article 7, 「Food Sanitation Act」)
· Prohibition against the Sale and Use of Poisonous Devices, etc. (Article 8, 「Food Sanitation Act」)
· Standards and Specifications concerning Devices, Containers and Packages, etc. (Article 9(4), 「Food Sanitation Act」)
· Labeling of Genetically Modified Foods, etc. (Article 12-2(2), 「Food Sanitation Act」)
- Penalty for violations
· Where a business operator falls under any of the following subparagraphs, its business license or registration may be revoked, as prescribed by Presidential Decree, all or some of the relevant business may be suspended within a fixed period of up to six months, or an order may be issued to close down its place of business. (Subparagraph 14, Article 75(1), 「Food Sanitation Act」)
Recall requirements related to functional health foods- When a business entity (including importers of foods, etc. or sellers of imported foods, etc. registered pursuant to Article 15 of the Special Act on Imported Food Safety Control; hereinafter the same shall apply in this Article) violates any provisions below, the relevant public officials may seize or discard the relevant functional health foods, or order the business entity to take measures to eliminate any hazardsto food sanitation. (Article 30(1), 「Functional Health Foods Act」)
· Labeling of Genetically Modified Health Functional Foods, etc. (Article 17-2(2), 「Functional Health Foods Act」,)
· Prohibition against the Sale of Harmful Functional Health Foods, etc. (Article 23, 「Functional Health Foods Act」)
· Prohibition against the Sale of Health Functional Foods which Violate the Standards and Specifications, etc. (Article 24, 「Functional Health Foods Act」)
- Penalty for violations
· The Minister of Food and Drug Safety, Mayor of a Special Self-Governing City, Governor of a Special Self-Governing Province, or head of a Si/Gun/Gu may revoke a business permit, fully or partially suspend the relevant business for a specified period of up to six months, or issue an order to close the place of business. (Subparagraph 8, Article 32(1), 「Functional Health Foods Act」)
· Any person who violates an order to suspend his or her business issued under Article 32 (1) of the 「Functional Health Foods Act」 shall be liable to imprisonment with labor for not more than five years, or to a fine not exceeding 50 million won. (Subparagraph 9, Article 44, 「Functional Health Foods Act」)
Recall requirements for violations of food labeling and advertising- A business entity that manufactures, processes, repackages in smaller amounts or imports a food, etc. for sale or sells a food, etc. shall without delay recall, or take measures necessary to recall, the food, etc. fromthe market if the business entity becomes aware that such food, etc. has violated the provisions below. (Article 15(1), 「Act on the Labeling and Advertising of Foods」)
· Violations of the regulations on the labeling and advertising of foods, food additives, livestock products and functional health foods (Article 4(3), 「Act on the Labeling and Advertising of Foods」)
· Violations of the prohibition of unfair labeling or advertising (Article 8(1), 「Act on the Labeling and Advertising of Foods」)
- Penalty for violation
· If no recall measures are taken in violation of this, the Minister of Food and Drug Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may suspend all or part of the business or revoke the business license or registration for a period of not more thansix months. A self-governing city mayor, special self-governing province governor, or head of a Si/Gun/Gu may suspend all or part of its business or order the closure of business offices for a fixed period of not more than six months (Subparagraph 4, Article 16(1) and subparagraph 4, Article 16(3), the 「Act on the Labeling and Advertising of Foods」).
· A person who fails to recall, or to take measures necessary to recall, a harmful food, etc. shall be liable to imprisonment with labor for not more than five years or to a fine of not more than 50 million won, or both. (Subparagraph 3, Article 27, 「Act on the Labeling and Advertising of Foods」)
Drugs with safety concerns may also be subject to recalls. Recall of drugs, etc.- Where any of the following persons becomes aware of any issues related to the safety and effectiveness of drugs, they shall without delay recall those drugs, etc. from distribution or take all necessary measures for their recall. In such a case, a person falling under any of subparagraphs 1 to 3 shall report in advance a recall plan to the Minister of Food and Drug Safety. (Article 39(1), 「Pharmaceutical Affairs Act」)
· Violations ofthe regulations on approval for the national shipment of drugs, etc. (Article 53(1), 「Pharmaceutical Affairs Act」)
· Violations of the prohibition of sales, etc. (Article 61, 「Pharmaceutical Affairs Act」)
· Violations of the prohibition of manufacturing, etc. (Article 62, 「Pharmaceutical Affairs Act」)
- Penalty for violation
- If a manufacturer of drugs, etc.; a person who has obtained permission by drug; a person who has filed for the registration of drug substances; an importer; a person who has obtained approval of a clinical trial protocol; a founder of a pharmacy; or a drug distributor falls under any of the following cases, the Minister of Food and Drug Safety may revoke the permission, approval or registration etc. held by such persons; order the closure of their place of contract manufacturing and distribution business or factory (limited only to those where a notification has been filed; issue an order to prohibit the manufacturing or import of items; or issue an order to fully or partially suspend the business for a period of up to one year; and the head of a Si/Gun/Gu may impose the same on the founder of a pharmacy or a drug distributor. (Subparagraph 5, Article 76(1), 「Pharmaceutical Affairs Act」)
· Any of the following persons shall be liable to imprisonment with labor for not more than three years or to a fine not exceeding 30 million won. (Subparagraph 2, Article 94(4), 「Pharmaceutical Affairs Act」)
Livestock products that do not meet the processing standards and specifications may also be subject to recall. Livestock product recall- Where any business operator (including importers and distributors of imported foods, etc., registered under Article 15 of the 「Special Act on Imported Food Safety Control」; hereinafter the same shall apply in this Article) or person who imports livestock products for business purposes has become aware of the fact that the relevant livestock products have violated the provisions below, he or she shall take all necessary measures, such as recalling and scrapping such livestock products (in cases where any recalled livestock products are utilized for other purposes). (Subparagraph 1, Article 31(2), 「Livestock Products Sanitary Control Act」)
· Violations of the prohibition against the as sale of livestock products that do not meet the standards, processing standards, and ingredient specifications, etc. (Article 4, 「Livestock Products Sanitary Control Act」)
· Violations of the regulations prohibiting the use of containers, utensils, packaging, or colors for stamping or printing that do not conform to the specifications, etc. (Article 5, 「Livestock Products Sanitary Control Act」)
· Violations of the prohibition of sales, etc. (Article 33, 「Livestock Products Sanitary Control Act」)
- Penalty for violations
· A person or business entity that fails to make a recall or take measures necessary for such recall shall be liable to imprisonment with labor for not more than five years or to a fine not exceeding 50 million won. (Subparagraph 1, Article 45(3), 「Livestock Products Sanitary Control Act」)
- Where any livestock products fall under any of the following subparagraphs, the Minister of Food and Drug Safety, Mayor or Do Governor, or the head of a Si/Gun/Gu may have an inspector or livestock product sanitation supervisor appointed pursuant to Article 20-2 (hereinafter referred to as a "livestock product sanitation supervisor") seize or destroy such livestock products, or may order the owner or manager of such livestock products to take all necessary measures to prevent harm to public hygiene, by specifying the uses, methods of disposal, etc. (Article 36(1), 「Livestock Products Sanitary Control Act」)
· Violations of the prohibition of the sale of livestock products that do not meet the standards, processing standards, and ingredient specifications, etc. (Article 4(6) and (7), 「Livestock Products Sanitary Control Act」)
· Violations of the regulations prohibiting the use of containers, utensils, packaging, or colors for stamping or printing that do not conform to the specifications, etc. (Article 5(2), 「Livestock Products Sanitary Control Act」)
· Violations ofthe business license regulations for the slaughter business, milk collection business, livestock processing business, or edible egg sorting and packaging business, etc. (Article 22(1) and (2), 「Livestock Products Sanitary Control Act」)
· Violations of the business reporting regulations for the livestock transport business, livestock product sales business, or meat instant sales processing business, etc. (Article 24, 「Livestock Products Sanitary Control Act」)
· Violations of the prohibition of sales, etc. (Article 33(1), 「Livestock Products Sanitary Control Act」)
- Penalty for violation
· If recall is not undertaken in violation of the provisions of the Act, the Mayor/Do Governor or the head of a Si/Gun/Gu may revoke the business license or order the suspension of all or a part of the business or order the closure of the business office for a period of up to six months. (Subparagraph 4, Article 27(1), 「Livestock Products Sanitary Control Act」)
· Persons who violate a recall order shall be liable to imprisonment for not more than 3 years or to a fine not exceeding 30 million won (Subparagraph 15, Article 45(4), 「Livestock Products Sanitary Control Act」).
Industrial products such as safety certification target products and safety verification target products may also be subject to recall. Product recall recommendation- If a product is judged likely to cause harm to the life, body, or property of consumers due to defects in the manufacturing, design, labeling, etc. thereof, or due to defects in its parts or accessories (hereinafter referred to as "product") or its technical and structural characteristics, the business operator concerned may be recommended to recall the product (Subparagraph 1, Article 3 and Article 10(1), 「Framework Act on Product Safety」).
Product recall order- The head of a central administrative agency may issue a recall order to the business operator of a defective product in any of the following cases (Article 11 (1), 「Framework Act on Product Safety」).
·When the risk of the product is confirmed as a result of a safety investigation.
· When the business operator who has received the product recall recommendation fails to follow the recommendation without justifiable reason.
· When there are reasonable grounds to believe that a product with serious defects causes or is likely to cause harm to the life, body, or property of consumers under Article 10 of the Enforcement Decree of the 「Framework Act on Product Safety」, such as the manufacturing, designing, or labeling of the product distributed in the market.
· When a product is found to cause or to be likely to cause harm to the life, body, or property of consumers due to a change in the parts of the product undertaken after obtaining a certification or reporting/verification as prescribed by the individual laws.
- Penalty for violation
· A person or business operator who fails to take recall measures in violation of this regulation shall be liable to imprisonment for not more than 3 years or to a fine not exceeding 30 million won. (Subparagraph 1, Article 26(1), 「Framework Act on Product Safety」)
Voluntary recall- When a business operator becomes aware of the fact that a serious defect in a product distributed on the market causes or is likely to cause harm to the life, body, or property of consumers, the business operator shall immediately report such defect to the head of the competent central administrative agency and voluntarily recall and collect the product. (Article 13(1), 「Framework Act on Product Safety」 and Article 14(1), 「Enforcement Decree of the Framework Act on Product Safety」)
- A person or business operator who fails to recall and collect a product in violation of the foregoing shall be liable to imprisonment for not more than 3 years or to a fine of not more than 30 million won. (Subparagraph 2, Article 26(1), 「Framework Act on Product Safety」)
Safety certification target product recall- Cases in which a Mayor/Do Governor may impose recall measures for electrical appliances on manufacturers, importers, distributors, rental companies, business operators, sales brokers, purchasing agents, and importing agents of products subject to safety certification are as follows: (Article 40(1), 「Electrical Appliances and Consumer Products Safety Control Act」)
· When a safety certification is not obtained in compliance with Article 5 (1) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· When a certification of a product change is not acquired in compliance with the main sentence of Article 5 (2) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· When an electrical appliance does not meet the safety standards (in cases where asafety certification has been obtained pursuant to the proviso to Article 5 (3) of the 「Electrical Appliances and Consumer Products Safety Control Act」, it refers to the standards) or factory inspection standards pursuant to Article 5 (3) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· When a business operator fails to undergo a safety inspection pursuant to Article 8 (1) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· When a safety certification mark, etc. is not displayed on a product that is subject to safety certification and has been certified in violation of Article 9 (1) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· Where a safety certification mark or other similar mark is produced and used in violation of Article 9 (2) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· When a safety certification mark is arbitrarily changed or removed in violation of Article 9 (3) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· When a product subject to safety certification is sold, rented, imported, displayed or stored for the purpose of sale or rental without a safety certification mark or other similar mark in violation of Article 10 (1) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· When brokering sales of, or purchasing or importing products subject to safety certification on behalf of a business operator, without a safety certification mark or other similar mark in violation of Article 10(2) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· When using a product subject to safety certification without a safety certification mark, etc. in violation of Article 10(3) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
- Penalty for violation
· In the event of a violation of a recall order, the safety certification body may revoke the safety certification of the manufacturer or importer of safety certification target products concerned, or issue an order to prohibit the use of safety certification marks or to make improvements for a period of up to 6 months. (Subparagraph 9, Article 11(1), 「Electrical Appliances and Consumer Products Safety Control Act」)
· Manufacturers or importers etc. who fail to undertake recalls in violation of the foregoing shall be liable to imprisonment for not more than 3 years or to a fine not exceeding 30 million won. (Subparagraph 34, Article 49(1), 「Electrical Appliances and Consumer Products Safety Control Act」)
Recall of products subject to safety verification- Cases in which the Mayor/Do Governor imposes measures to recall electrical appliances on manufacturers, importers, distributors, rental companies, business operators, sales brokers, purchasing agents, or importing agents of products subject to safety verification are as follows: (Article 40(2), 「Electrical Appliances and Consumer Products Safety Control Act」)
· Cases of failure to report pursuant to Article 15 (1) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· Cases of failure to report changes of products in accordance with the main sentence of Article 15 (2) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· Cases in which an electrical appliance does not meet the safety standards (in the case of a safety verification test conducted in accordance with the proviso to Article 15 (3) of the 「Electrical Appliances and Consumer Products Safety Control Act」, it refers to the standards) under Article 15 (3) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· Cases in which a manufacturer or importer of electrical appliances etc. fails to undergo a safety inspection pursuant to Article 17 (1) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· When a safety confirmation mark or other similar markis not displayed in violation of Article 18 (1) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· When a safety verification mark or other similar mark is produced and used in violation of Article 18 (2) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· Cases in which a safety verification mark, etc. is arbitrarily changed or removed in violation of Article 18 (3) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· Cases in which products subject to safety confirmation are sold, rented, imported, displayed or stored without a safety verification mark, etc. for the purpose of sale or rental, in violation of Article 19 (1) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· Cases in which products subject to safety verification are sales brokered, purchased or imported on behalf of a business operator without a safety verification mark, etc., in violation of Article 19 (2) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
· Cases in whicha product subject to safety verification is used without safety verification mark, etc. in violation of Article 19 (3) of the 「Electrical Appliances and Consumer Products Safety Control Act」.
- Penalty for violation
· In the event of aviolation of a recall order, the Minister of Trade, Industry and Energy may invalidate the safety verification report ofthe manufacturer or importer of safety verification target products, or issue an order to prohibit the use of safety verification marks, etc. or to make improvements for a period of up to 6 months. (Subparagraph 4, Article 20(1), 「Electrical Appliances and Consumer Products Safety Control Act」)
· Manufacturers or importers etc. who fail to take recalls in violation of the foregoing shall be liable to imprisonment for not more than 3 years or to a fine not exceeding 30 million won. (Subparagraph 34, Article 49(1), 「Electrical Appliances and Consumer Products Safety Control Act」)
Potable spring water with a high risk of public harm is also subject to recall. Recall of drinking spring water, etc.- In the following cases, such measures as the seizure or disposal of potable spring water or potable underground mineral water (hereinafter referred to as "potable spring water, etc."), water treatment agents, water purifiers, or their containers and packaging may be taken. (Article 47(1), 「Drinking Water Control Act」).
· Violations of the regulations prohibiting the use of spring water for the purpose of drinking, water treatment agents, or water purifiers that do not meet standards and specifications, etc. (Article 36(3), 「Drinking Water Control Act」)
· Violations of the regulations prohibiting false or exaggerated indication or advertisement, etc. (Article 40(1), 「Drinking Water Control Act」)
- Penalty for violation
· Where a person or business operator fails to recall products in violation of the foregoing, their business license or registration may be revoked, or their business site may be closed, or an order may be issued to suspend all or a part of the business concerned for a period of up to six months; whereas a person or business operator who violates a business suspension order shall be liable to imprisonment for not more than 3 years or to a fine not exceeding 30 million won. (Subparagraph 12, Article 48(1) and Subparagraph 8, Article 58, 「Drinking Water Control Act」)
- Potable spring water, etc., water treatment agents, water purifiers, or their containers and packaging that are manufactured, imported, distributed, and sold without permission for business purposes or the registration or reporting may be subject to seizure or disposal, etc. (Article 47(2), 「Drinking Water Control Act」)
- Penalty for violation
· Persons or business operators who fail to take recall measures in violation of the foregoing shall be liable to the imprisonment for not more than one year or to a fine of not more than 10 million won. (Subparagraph 17, Article 59, 「Drinking Water Control Act」)
- Potable spring water products etc. whose labels, indications and advertisements do not meet the standards and specifications, are false or exaggerated, or are likely to be confused with medicines may be subject to an order for their seizure and/or disposal. (Article 47(4), 「Drinking Water Control Act」).
- If a potable spring water, etc., water treatment agent, water purifier, or its container and packaging, etc. in circulationdo not meet the following standards and are judged to cause or be likely to cause harm to public health, a recall or disposal order shall be issued. (Article 47(5), 「Drinking Water Control Act」 and Article 17-2, 「Enforcement Decree of the Drinking Water Control Act」)
· When potable water, etc. violates the water quality standards for drinking water, etc. under Article 5 of the 「Drinking Water Control Act」.
· Where a hazardous substance is detected in a container of drinking spring water, etc. in violation of the standards and specifications for containers set by the Korean Food Code pursuant to Articles 9 and 14 of the 「Food Sanitation Act」.
- Penalty for violation
· Where a person or business operator fails to recall products in violation of the foregoing, their business license or registration may be revoked, or their business site may be closed, or an order may be issued to suspend all or a part of the business concerned for a period of up to six months. (Subparagraph 12, Article 48(1), 「Drinking Water Control Act」)
※ Detailed information on each product subject to recall can be viewed at <Consumer 24>.
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