(1) Reasons for Proposal

With the amendment of the Enforcement Decree of the Framework Act on the Safety of Products (promulgated on June 9, 2020; enforced on June 11, 2020) which allows the head of a competent central administrative agency to check the recall status of business entities and issue supplementation orders, this Amendment aims to define required matters including specific operation guidelines.

(2) Major Provisions

A. Tighten management for business entities who commit violations repeatedly (Article 10 paragraph 5)

- Prepare the basis for including products whose hazard has been confirmed and the products which apply any common manufacturing process or raw and subsidiary materials in the investigation scope in an effort to strengthen investigations for the products of business entities who repeatedly commit violations.

B. Rationalize regulations for the storage of safety investigation samples (Article 13 paragraph 1)

- Shorten the sample storage period for the products that meet safety standards from 1 year to 3 months to improve administrative efficiency.

C. Specify the submission deadline and method, including recall reports (Article 27 paragraphs 1 and 2)

- Shorten the submission deadline for product recall reports from 2 months to 1 month (Article 27 paragraph 1).

- Newly insert the submission deadline for voluntary product recall reports as 1 month (Article 27 paragraph 2).

- Newly insert how to submit electronic documents (Article 27 paragraph 3).

D. Update provisions related to recall implementation inspection in operation guidelines (Article 29)

- With the amendment of the Act*, delete provisions related to product recall plans (Article 27 paragraph 2, Article 29 paragraph 1, attached Form 3, and attached Form 4) and supplementation orders (Article 29 paragraphs 3 and 4).

* Newly insert Article 17-3 of the Enforcement Decree (enforced on June 11, 2020).

- Amend the applicable provision in a way that allows product recall implementation inspection to be conducted in writing or by phone in addition to physical visit (Article 29 paragraph 1).

- Newly insert a provision about how to submit electronic documents (Article 29 paragraph 2) and a provision about requesting supplementation for “product recall supplementation order implementation reports” (Article 29 paragraph 3).

E. Supplement shortcomings in the system by newly inserting a provision to destroy recalled products and a provision to exclude or avoid members of the advisory committee (Article 29-2 and Article 33 paragraph 3)

- Newly insert the applicable provision since there is no applicable procedure or provision although the Act specifies destruction as a product recall method (Article 29-2 paragraphs 1 and 2 and attached Form 7).

- Specify the reason to exclude or avoid members of the advisory committee to ensure fairness and objectivity in advice including safety investigation results (Article 33 paragraph 3).

F. Clarify the regulatory basis to provide product safety certification information (Article 41)

- Specify the provision scope and timing of product safety certification information, which is currently provided by Safety Korea (www.safetykorea.kr), to clarify its regulatory basis.