(1) Reasons for Proposal

As the Act on the Management of Conformity Assessment, etc., is scheduled to be enforced on April 4, 2021, this Enforcement Decree aims to specify matters delegated from the Act and other matters required for its enforcement as prescribed by Presidential Decree such as the scope of erroneous reports subject to administrative fines and penalty surcharges replacing a disposition for stopping the use of the name as an accredited institution.

(2) Major Provisions

A. Define ranges in erroneous reports subject to administrative fines (Article 2)

Define an erroneous report Article 5 paragraph 4 of the Act as a report whose assessed results (conformity or non-conformity) are changed due to an error.  

B. Define the outsourcing of cheating practices to professional agencies (Article 3)

Define requirements for professional agencies such as independence, organization, and work performance system and the scope of outsourced tasks such as cheating reporting/receiving, data request, and workplace investigation.

C. Establish an accreditation body (Article 4)

Establish and operate an accreditation body at the Korean Agency for Technology and Standards to accredit institutions.

D. Introduce penalty surcharges replacing a disposition for stopping the use of the name as an accredited institution (Article 5)

Define conditions to impose penalty surcharges and criteria to calculate such surcharges in cases where the accredited institution corrects its deficiency for a disposition for stopping the use of the name as an accredited institution or a disposition that makes it difficult to keep up with conformity assessment demand.

E. Define the designation criteria of a management system accreditation body (Article 6)

Define the designation criteria of a management system accreditation body, including ensuring independence for accreditation and assessment human resources.

F. Define detailed matters to designate a management system accreditation body (Articles 7 through 9)

Define detailed procedures and matters to designate a management system accreditation body such as designation application and assessment procedures, expansion of designation scope, and renewal assessment.

G. Define the cycle of conformity assessment fact-finding investigations (Article 10)

Allow for conducting regular fact-finding investigations every year and as necessary.

H. Define the designation criteria of professional training institutions (Article 11)

Define specific criteria to designate professional training institutions such as universities or non-profit organizations doing conformity assessment-related work.

I. Define the method to publicly announce punishment due to cheating (Article 12)

Post cheating on the website of the Korean Agency for Technology and Standards, and allow a public announcement on a newspaper or broadcasting network if needed as such cheating is repeated or a serious violation occurs.

J. Define fee imposition criteria, authority delegation, and administrative fine imposition criteria (Articles 13 through 15)