자료실

커뮤니티

한국소비자의 권익증진과 소비자의 삶의 질 향상에 앞장서겠습니다.

자료실

소비자기본법 영문자료

작성자
한국소비자협회
작성일
2021-01-21 21:18
조회
254

FRAMEWORK ACT ON CONSUMERS

[Enforcement Date 20. Aug, 2011.] [Act No.10678, 19. May, 2011., Partial Amendment]

 

 

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to prescribe consumers' rights and duties, the duties of the State, local governments and enterprisers, the roles of consumer organizations and relationship between consumers and enterprisers in free market economy in order to protect consumers' rights and interests, and also to prescribe basic matters necessary for comprehensively facilitating consumer policies, and thereby to contribute to the improvement of consumers' lives and the development of national economy.

Article 2 (Definitions)

For the purpose of this Act, the definitions of terms shall be as follows:

1. The term "consumers" means those who use (including utilization; hereinafter the same shall apply) the goods and services (including facilities; hereinafter the same shall apply) provided by enterprisers for their daily lives as consumers or for their production activities, who are designated by Presidential Decree;

2. The term "enterprisers" means those who manufacture (including processing or packing; hereinafter the same shall apply), import or sell goods, or furnish services;

3. The term "consumer organizations" means organizations which are organized by consumers in order to promote consumers' rights and interests; and

4. The term "enterpriser organizations" means organizations which are organized by two or more enterprisers in order to promote their common interests.

Article 3 (Relations with Other Acts)

Except as specifically provided for in other Acts, this Act shall apply with respect to the rights and interests of consumers.

CHAPTER II CONSUMERS' RIGHTS AND DUTIES

Article 4 (Fundamental Rights of Consumers)

Consumers shall have the fundamental rights provided for in the fol lowing subparagraphs:

1. The right to have their lives, bodies or property protected against any danger and injury caused by goods or services (hereinafter referred to as "goods, etc.");

2. The right to be provided with the knowledge and information neces sary for selecting goods, etc.;

3. The right to select freely the other party of transaction, purchasing place, price, conditions of transaction, etc. for using goods, etc.;

4. The right to have their opinions reflected in policies of the State and local governments, business activities of enterprisers, etc. which have an influence on their daily lives as consumers;

5. The right to obtain proper compensation for damages sustained due to use of goods, etc. according to prompt and fair procedures;

6. The right to receive the education necessary for carrying on their ra tional lives as consumers;

7. The right to establish an organization and work therein in order to promote their rights and interests as consumers; and

8. The right to enjoy consumption in a safe and pleasant consumption environment.

Article 5 (Duties of Consumers)(1) Consumers shall make the right choice of goods, etc. and exercise justly their fundamental rights provided for in Article 4 through recognizing themselves as the main constituent of the free market economy with en terprisers, etc.

(2) Consumers shall endeavor to acquire knowledge and information necessary for promoting their own rights and interests.

(3) Consumers shall lead resource-saving and environment-friendly con sumptive lives independently and rationally, and thereby play a positive role in the improvement of their lives as consumers and the develop ment of the national economy.

CHAPTER III DUTIES OF STATE, LOCAL GOVERNMENTS AND ENTERPRISERS

SECTION 1 Duties, etc. of State and Local Governments

Article 6 (Duties of State and Local Governments)

In order to realize the fundamental rights of consumers as prescribed in Article 4, the State and local governments shall perform the following duties:

1. The enactment, amendment and repeal of related Acts, subordinate statutes and Municipal Ordinances;

2. The maintenance and operational improvement of necessary admin istrative organizations;

3. The establishment and execution of necessary policies; and

4. The support and encouragement of sound and autonomous organized activities of consumers.

Article 7 (Assistance to Local Administrative Organizations)

The State may provide necessary assistance in the establishment, opera tion, etc. of administrative organizations of local governments relating to the rights and interests of consumers under the conditions as prescribed by the Presidential Decree.

Article 8 (Prevention of Danger and Injury)(1) In order to prevent any danger and injury to the lives, bodies and property of consumers due to goods, etc. supplied by enterprisers, the State shall determine criteria to be observed by enterprisers with respect to the following matters:

1. Important matters relating to the safety of goods, etc., such as ingre dients, content, structure, etc.;

2. Contents and method to be indicated for using goods, etc., such as di rective matters, cautions, etc.; and

3. Other matters as deemed necessary for preventing any danger and injury.

(2) The head of a central administrative agency shall test, inspect or investigate periodically whether or not enterprisers observe the criteria determined by the State pursuant to paragraph (1).

Article 9 (Propriety of Weighing and Standards)(1) In order to prevent consumers from sustaining any loss by weighing in transaction with enterprisers, the State and local governments shall take measures necessary for weighing goods, etc.

(2) The State and local governments shall specify the standards of goods, etc. in order to accomplish the quality improvement of goods, etc. and the improvement of consumers' life, and take measures necessary for disseminating them.

Article 10 (Criteria for Indication)(1) In order to prevent consumers from taking wrong selection of goods, etc. in transaction with enterprisers or from misusing goods, etc. due to any indication or package, etc., the State shall determine the following criteria for indication on goods, etc.:

1. Denomination, use, ingredients, material quality, performance, size, price, capacity, and permitted number of goods, and contents of services;

2. Name (including address and telephone number) of the enterpriser who has manufactured, imported, sold or provided goods, etc., and the origin of the goods;

3. Method of use, and matters of caution and warning in use and keeping;

4. Date of manufacture, quality guarantee period, or in cases of goods, such as foods and medicine, which are apt to be altered in the course of distribution, the validity period of such goods;

5. Dimension, location and method of indication;

6. Organization (including its address and telephone number) and method of settlement, if there is any complaint on goods, etc. or any consumer's damage due to goods, etc.;

7. Method of indication for the visually impaired under Article 20 of the Act on the Prohibition of Discrimination against Disabled Persons, Remedy against Infringement of their Rights, etc..

(2) Where enterprisers alter details of each subparagraph of paragraph (1) in order to prevent consumers from taking wrong selection of goods, etc. in transaction with enterprisers or from misusing goods, etc. due to any indication or package, etc., the State may determine the criteria to indicate details before and after the alteration thereof.

Article 11 (Criteria for Advertisement)

In order to prevent any danger and injury to the lives, bodies or property of consumers which may arise due to any wrong or excessive consumption of goods, etc., the State shall determine the criteria concerning the con tents and methods of advertisements, in the following cases:

1. Where it is required to restrict any advertisement only by the permitted or authorized contents, or to make any specified contents known to consumers without fail, in making an advertisement on the use, ingredients, performance, size, origin, etc.;

2. Where it is required to restrict the use of any specified terms or expressions which might mislead consumers; and

3. Where it is required to restrict the form of media or time period of any advertisement.

Article 12 (Propriety of Transaction)(1) In order to protect consumers from unreasonable damage caused by unfair transaction conditions or methods of enterprisers, the State shall establish and implement a necessary policy.

(2) The State may designate and make publicly known unreasonable acts of enterprisers, which are deemed likely to prevent rational selections of consumers and to inflict damages on consumers.

(3) The State and local governments shall take policy measures necessary for the protection of consumers' rights and interests with respect to specific form of transactions, such as transactions based on any standardized contract, door-to-door sale, multistage sale, installment sale, mail-order sale, electronic commerce, etc.

Article 13 (Provision of Information to Consumers)(1) The State and local governments shall make important policies and decisions related to consumers' rights and interests known to consumers so that the fundamental rights of consumers can be realized.

(2) The State and local governments shall formulate necessary policies so that enterprisers' information relating to transaction terms and methods, quality, safety, environment-friendliness, etc. of goods, etc. can be provided for consumers to reasonably choose goods, etc.

Article 14 (Improvement of Consumer Capacity)(1) The State and local governments shall provide consumers with necessary education so that they may exercise their rights properly, improve their ability to make reasonable choices about goods, etc. and carry on consumptive life on their own responsibility.

(2) The State and local governments shall develop programs to enhance consumers' ability in line with economic and social development.

(3) The State and local governments shall formulate and implement policies to enhance ducative effects by linking both consumer education and school/lifelong education.

(4) The State and local governments may carry on a broadcasting business pursuant to the Broadcasting Act to effectively improve consumers' ability.

(5) Necessary matters concerning the methods, etc. of consumer education pursuant to paragraph (1) shall be prescribed by the Presidential Decree.

Article 15 (Protection of Personal Information)(1) The State and local governments shall take necessary measures to protect consumers from any unjust damage caused by the loss, steal, leakage, alteration or damage of personal information in transaction with enterprisers.

(2) The State shall determine the criteria to protect the personal information of consumers pursuant to paragraph (1).

Article 16 (Settlement of Consumer Disputes)(1) The State and local governments shall take necessary measures including the establishment of related organs so as to settle promptly and fairly the complaints and damages of consumers.

(2) The State may lay down the criteria for the settlement of consumer disputes as determined by the Presidential Decree, for the purpose of settling smoothly disputes which may arise between consumers and enterprisers.

(3) The criteria for the settlement of consumer disputes as referred to in paragraph (2) shall be the criteria for any agreement or recommenation on the settlement of disputes, unless there is any separate man ifestation as to the method of dispute settlement between the parties in dispute.

Article 17 (Establishment, etc. of Testing and Inspection Facilities)(1) The State and local governments shall have the mechanism and facilities to conduct any test, inspection or investigation on the size, quality, safety, etc. of goods, etc.

(2) The State, local governments, consumers, or consumer organizations may, if deemed necessary or upon a consumer's request, request any test, inspection or investigation from the testing or inspection institution established pursuant to paragraph (1) or the Korea Consumer Agency provided for in Article 33 (hereinafter referred to as the "Korea Consumer Agency"), to conduct the test, etc.

(3) The State and local governments shall, upon having conducted any tests, etc. pursuant to paragraph (2), publish the results thereof, and take measures necessary for protecting consumers' rights and interests.

(4) The State and local governments may assist consumer organizations so as to be equipped with facilities to conduct any test and inspection on the size, quality, safety, etc. of goods, etc.

(5) When it is necessary to determine the criteria or formulate policies relating to the protection of consumers' rights and interests in accordance with Article 8, 10 through 13 or 15, the State and local governments may request the Korea Consumer Agency, a national or public testing and inspection institution and other institutions prescribed by Presidential Decree to conduct necessary survey and research.

SECTION 2 Duties, etc. of Enterprisers

Article 18 (Cooperation, etc. in Policies for Promotion of Consumers' Rights and Interests)(1) Enterprisers shall cooperate positively in policies of the State and local governments for promotion of consumers' rights and interests.

(2) Enterprisers shall cooperate positively where consumer organizations and the Korea Consumer Agency request the provision of data and information necessary to carry out business activities related to the promotion of consumers' rights and interests.

(3) Enterprisers shall endeavor to develop environment-friendly technology and recycle resources in supplying goods, etc. so as to create safe and pleasant consumptive environment.

Article 19 (Duties of Enterprisers)(1) In order to prevent any danger and injury to the lives, bodies or property of consumers due to goods, etc., enterprisers shall take necessary measures.

(2) No enterpriser shall use any condition or method of trade which might infringe on the rational choice or interest of consumers, in the supply of goods, etc.

(3) Enterprisers shall sincerely provide consumers with accurate information on goods, etc.

(4) Enterprisers shall sincerely handle the personal information of consumers lest such information should be lost, stolen, leaked, altered or damaged.

(5) Enterprisers shall settle any consumers' complaints or damages due to the defects of goods, etc. through providing necessary compensation, etc., and indemnify them for any damages caused by non-fulfillment, etc. of obligation.

Article 20 (Observance of Criteria for Promotion of Consumers' Rights and Interests)(1) No enterpriser shall manufacture, import, sell or provide any goods, etc. that are in contravention of the criteria determined by the State pur suant to Article 8 (1).

(2) No enterpriser shall violate the criteria for indication determined by the State pursuant to Article 10.

(3) No enterpriser shall violate the criteria for advertisement determined by the State pursuant to Article 11.

(4) No enterpriser shall commit any such act as designated and notified publicly by the State pursuant to Article 12 (2).

(5) No enterpriser shall violate the criteria for protection of personal information determined by the State pursuant to Article 15 (2).

CHAPTER IV SYSTEM TO PROMOTE CONSUMER POLICY

SECTION 1 Establishment of Consumer Policy

Article 21 (Establishment, etc. of Basic Plan)(1) The Fair Trade Commission shall establish a basic plan for consumer policy (hereinafter referred to as the "basic plan") every three years, subject to the review and resolution of the Consumer Policy Committee under Article 23.

(2) The basic plan shall include the following matters:

1. Changes in economic and social environment relating to the consumer policy;

2. Basic direction of the consumer policy;

3. Goal of the consumer policy including the matters provided for in the following items:

(a) Enhancement of the consumer safety;

(b) Fairness and appropriateness of transactions between consumers and enterprisers;

(c) Facilitation of consumer education and information provision;

(d) Active relief for consumers' losses;

(e) Dealing with international consumer issues;

(f) Other important matters relating to consumers' rights and interests;

4. Methods of raising funds necessary for implementing the consumer policy;

5. Preparation of safety standard by age to prevent any danger or injury to children;

6. Other matters necessary for establishing and implementing the consumer policy.

(3) The Fair Trade Commission may make any modifications to the basic plan, subject to the deliberation and resolution of the Consumer Policy Committee under Article 23.

(4) Necessary matters concerning procedures, etc. for the establishment and modification of the basic plan shall be prescribed by Presidential Decree.

Article 22 (Establishment, etc. of Implementation Plan)(1) The head of the central administrative agency concerned shall, in conformity with the basic plan, establish an implementation plan thereof for the next year necessary to execute the consumer policy (hereinafter referred to as the "central administrative agency implementation plan"), not later than October 31, every year.

(2) The Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do governor") shall, in conformity with the basic plan and central administrative agency implementation plans, establish an implementation plans thereof for the next year necessary to execute the consumer policy (hereinafter referred to as the "City/Do implementation plan"), not later than November 30 every year.

(3) The Fair Trade Commission shall put together and adjust the central administrative agency implementation plans and the City/Do implementation plans and establish a comprehensive implementation plan (hereinafter referred to as the "comprehensive implementation plan"), subject to the deliberation and resolution of the Consumer Policy Committee under Article 23, not later than December 31, every year.

(4) The heads of the central administrative agencies and the Mayors/Do governors concerned shall take financial measures necessary to effectively execute the comprehensive implementation plan including compilation of annual budget for expenses involved.

(5) Necessary matters concerning the establishment of the comprehensive implementation plan, appraisal of the results of execution thereof, etc. shall be prescribed by Presidential Decree.

SECTION 2 Consumer Policy Committee

Article 23 (Establishment of Consumer Policy Committee)

In order to deliberate and decide a fundamental policy concerning the enhancement of consumers' rights and interests and the improvement of consumers' lives, the Consumer Policy Committee (hereinafter referred to as the "Policy Committee") shall be established in the Fair Trade Commission.

Article 24 (Composition of Policy Committee)(1) The Policy Committee shall be composed of 25 or fewer members, including two chairpersons.

(2) The chairpersons shall be the chairperson of the Fair Trade Commission and one person commissioned by the President from among those having extensive knowledge and experience pertaining to consumer issues.

(3) The members shall consist of the heads of the central administrative agencies concerned, the president of the Korea Consumer Agency provided for in Article 38 (hereinafter referred to as the "president"), and the persons commissioned by the chairperson of the Fair Trade Commission from among those falling under any one of the following subparagraphs:

1. Persons of extensive knowledge and experience pertaining to consumer issues; and

2. Representatives of consumers and the economic circles recommended by consumer organizations registered pursuant to Article 29 (herein after referred to as the "registered consumer organizations") and by economic organizations determined by Presidential Decree.

(4) The terms of commissioned chairpersons as referred to in paragraph (2) and the commissioned members as referred to in paragraph (3) shall be three years, respectively.

(5) The Policy Committee shall have one executive secretaries, who shall be appointed by the chairperson of the Fair Trade Commission from among public officials belonging to the Fair Trade Commission.

Article 25 (Functions of Policy Committee)(1) The Policy Committee shall review and decide the following matters:

1. The basic plan and the comprehensive implementation plan;

2. Matters concerning the comprehensive implementation of consumer policy;

3. Matters concerning the appraisal and institutional improvement of consumer policy; and

4. Other matters concerning the promotion of consumers' rights and interests and the improvement of their lives as consumers, which are referred to it by the chairpersons.

(2) The Policy Committee may have working committees and expert committees by field to efficiently carry out its business matters.

(3) Other than those provided for in this Act, necessary matters concerning the organization and operation of the Policy Committee, working committees and expert committees shall be prescribed by Presidential Decree.

Article 26 (Hearing of Opinions, etc.)(1) If it is necessary for reviewing matters as prescribed in subparagraphs of Article 25 (1), the Policy Committee may hear the opinions of experts in consumer issues, consumers or enterprisers concerned.

(2) If it is necessary for the enhancement of consumers' rights and interests, the operation of the Policy Committee, etc., the Fair Trade Commission may request the heads of central administrative agencies and local governments and other heads of related administrative agencies to present their opinions and materials.

SECTION 3 International Cooperation

Article 27 (International Cooperation)(1) The State shall take necessary measures to cope with international spread of consumer issues, such as the enhancement of mutual cooperation among States.

(2) The Fair Trade Commission shall establish and implement necessary policies related to the sharing of information, the organization and opera tion of international cooperative or consultative bodies, etc. to address international consumer issues, in consultation with heads of related central administrative agencies.

(3) Necessary matters concerning the establishment, etc. of related policies pursuant to paragraph (2) shall be prescribed by Presidential Decree.

CHAPTER V CONSUMER ORGANIZATIONS

Article 28 (Activities, etc. of Consumer Organizations)(1) Consumer organizations shall carry out the following activities:

1. Recommendation to the State and local governments on a policy for rights and interests of consumers;

2. Tests and inspection on standardized grade or type, quality, safety, and environment-friendliness of goods, etc., and survey and analysis on the transaction terms or methods including prices, etc.;

3. Investigation and study on consumer issues;

4. Consumer education;

5. Consultation and furnishing of information for the settlement of consumers' complaints and damages, and the recommendation of agreement between the parties concerned.

(2) The consumer organizations may publish the results of the survey, analysis, etc. pursuant to paragraph (1) 2: Provided, That where the matters to be published are subject to a test and inspection on the quality, performance, ingredients, etc. of goods, etc., which require technical manpower and equipment, such matters shall be published after the test and inspection by a testing and inspecting institution as prescribed by Presidential Decree.

(3) Where an enterpriser or enterpriser organization refuses, interferes with or evades the provision of data and information or provides false data and information in response to a request for the provision of data and information pursuant to Article 78 without any justifiable cause, a consumer organization may publish the name (including trade name or other title) of the enterpriser or enterpriser organization, the fact that it was refused, causes for such refusal, etc. in general daily newspapers under the Act on the Promotion of Newspapers, etc.

(4) No consumer organization shall use information which it has learned in the course of its service, for any purpose other than that to promote the rights and interests of consumers.

(5) Where a consumer organization causes damage to an enterpriser or enterpriser organization by using data and information provided from the enterprise or enterpriser organization for any purpose other than that for promotion of consumers' rights and interests, it shall hold itself responsible for compensating such damage.

Article 29 (Registration of Consumer Organizations)(1) Any consumer organization which meets all requirements of the following subparagraphs may make a registration with the Fair Trade Commission or a local government, under the conditions as prescribed by Presidential Decree:

1. To carry out the activities referred to in Article 28 (1) 2 and 5;

2. To handle general consumer issues involving goods and services;

3. To have the equipment and manpower prescribed by Presidential Decree;

4. To satisfy all requirements provided for in the subparagraphs of Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act.

(2) The Fair Trade Commission or the head of the local government concerned shall determine whether or not to grant registration to a consumer organization, which is applied for pursuant to paragraph (1), after examining the requirements provided for in subparagraphs of paragraph (1).

Article 30 (Revocation of Registration)(1) Where a consumer organization has made itself registered pursuant to Article 29 by deceit or other fraudulent means, the Fair Trade Commission or the head of the local government concerned shall revoke the registration.

(2) Where a registered consumer organization comes to fall short of the requirements provided for in the subparagraphs of Article 29 (1), the Fair Trade Commission or the head of the local government concerned may order it to satisfy the requirements within three months and revoke the registration if it fails to comply with the order within the said period.

Article 31 (Autonomous Dispute Mediation)(1) The council of consumer organizations registered with the Fair Trade Commission pursuant to Article 29 may autonomously mediate disputes for the settlement of consumers' complaints and damages under Article 28 (1) 5: Provided, That regarding the matters under the control of a dispute mediation organization which is established pursuant to the provisions of other Acts, whose business area demands specialization, as prescribed by the Presidential Decree, this shall not apply.

(2) The autonomous dispute mediation pursuant to the provisions of para graph (1) shall be deemed to have the effect of an agreement with the same contents which is concluded between the parties, if they accept.

(3) Necessary matters regarding the organization of the council of consumer organizations, the procedures of dispute mediation, etc. pursuant to the main sentence of paragraph (1) shall be prescribed by the Presidential Decree.

Article 32 (Grant of Subsidy)

If it is deemed necessary for the sound growth and development of registered consumer organizations, the State or local governments may grant a subsidy.

CHAPTER VI KOREA CONSUMER AGENCY

SECTION 1 Establishment, etc.

Article 33 (Establishment)(1) The Korea Consumer Agency shall be established for the purpose of carrying out effectively a policy for promotion of consumers' rights and interests.

(2) The Korea Consumer Agency shall be a juristic person.

(3) The Korea Consumer Agency may establish its branches in necessary places with the approval of the Fair Trade Commission.

(4) The Korea Consumer Agency shall be constituted officially by effecting a registration of establishment in the seat of its principal office.

Article 34 (Articles of Association)

The Korea Consumer Agency shall include the following matters in its articles of association:

1. Object;

2. Name;

3. Matters concerning its principal office and branches;

4. Matters concerning officers and personnel;

5. Matters concerning operation of the board of directors;

6. Matters concerning the Consumer Safety Center provided for in Article 51;

7. Matters concerning the Consumer Dispute Mediation Commission re ferred to in Article 60;

8. Matters concerning activities;

9. Matters concerning property and accounting;

10. Matters concerning public notice;

11. Matters concerning the modification of articles of association; and

12. Matters concerning the establishment, revision and repeal of internal rules.

Article 35 (Activities)(1) The Korea Consumer Agency shall carry out the following activities:

1. Study and recommendation on the systems and policies relating to the rights and interests of consumers;

2. Tests and inspection on standardized grade or type, quality, safety, and environment-friendliness of goods, etc., and survey and analysis on the transaction terms or methods including prices, etc., if necessary to promote the rights and interests of consumers;

3. Collection and furnishing of information on, and international co operation in, promotion of consumers' rights and interests, their safety and the improvement of their lives as consumers;

4. Education, public relations and broadcasting business related to the promotion of consumers' rights and interests, their safety and the development of their ability;

5. Settlement of complaints and remedy for damages of consumers;

6. Comprehensive research and study for the promotion of consumers' rights and interests and the rationalization of their lives as consumers;

7. Survey, etc. requested by the State or local governments for the pro motion of consumers' rights and interests; and

8. Other activities relating to the promotion of rights and interests and the safety of consumers.

(2) The following matters shall be excluded from objects to be settled by the Korea Consumer Agency in carrying out activities as referred to in paragraph (1) 5:

1. Remedy for damages caused by goods, etc. supplied by the State or local governments: Provided, That this shall not apply with respect to the goods, etc. prescribed by the Presidential Decree; and

2. Other remedy for damages applied for to a dispute mediation rganization which is established pursuant to the provisions of other Acts, whose business area demands specialization, as prescribed by the Presidential Decree.

(3) The Korea Consumer Agency shall publish the information necessary to promote consumers' rights and interests, prevent the spread of consumer damages, improve the quality of goods, etc., and improve their daily lives as consumers, which it has learned in the course of its service: Provided, That this shall not apply where it is deemed necessary to protect the trade secret of an enterpriser or enterpriser organization or it is deemed necessary for the public interest.

Article 36 (Request for Test and Inspection)(1) If the president deems it necessary for carrying out activities as prescribed in Article 35 (1) 2 and 5, he/she may request a national or public testing and inspection institution for a test and inspection on goods, etc.

(2) Any institution which has received a request in accordance with par agraph (1) shall comply preferentially with it unless there is any special reason.

Article 37 (Prohibition of Use of Similar Name)

No person other than the Korea Consumer Agency provided for in this Act shall use the name of the Korea Consumer Agency or the Korea Consumer Protection Board, etc. similar thereto.

SECTION 2 Officers and Board of Directors

Article 38 (Officers and Their Terms of Office)(1) The Korea Consumer Agency shall have ten or less directors, including a president, a vice president and the Director of the Consumer Safety Center (hereinafter referred to as the "Director") provided for in Article 51, and an auditor.

(2) The president, the vice president, the Director and the directors determined by the Presidential Decree shall work full-time, and the other officers, part-time.

(3) The president shall be appointed by the President upon the proposition of the Chairperson of the Fair Trade Commission from among those who have extensive learning and experience in consumer issues.

(4) The vice president and directors shall be appointed by the Chairperson of the Fair Trade Commission upon the proposition of the president from among those who have extensive learning and experience in consumer issues, and the Director, from among those who have abundant learning and experience in consumer safety.

(5) The auditor shall be appointed by the Chairperson of the Fair Trade Commission.

(6) The terms of office of the officers shall be three years, respectively.

Article 39 (Duties of Officers)(1) The president shall represent the Korea Consumer Agency, and man age its general activities.

(2) The vice president shall assist the president, and if the president is unable to perform his/her duties due to any inevitable cause, he/she shall act for the president.

(3) The Director shall manage the general activities of the Consumer Safety Center established pursuant to Article 51 (1) under the direction of the president, and the directors other than the president, the vice president and the Director shall take partial charge of the affairs of the Korea Con sumer Agency under the conditions as specified in the articles of associ ation.

(4) If both the president and the vice president are unable to perform their duties due to any inevitable cause, a full-time director or, in the absence of the full-time director, a part-time director shall act for the president, in such order as determined by the articles of association.

(5) The auditor shall inspect and audit activities and accounts of the Korea Consumer Agency.

Article 40 (Board of Directors)(1) In order to deliberate and decide important matters regarding the activities and operations of the Korea Consumer Agency, the board of directors shall be established in it.

(2) The board of directors shall be composed of the president, the vice president, the Director and other directors.

(3) The president shall convene the board of directors, and preside at it.

(4) The auditor may attend meetings of the board of directors to state his/ her opinion.

SECTION 3 Accounting, Supervision, etc.

Article 41 (Source of Revenue)

Expenses necessary for the establishment, equipment, operation and activities of the Korea Consumer Agency shall be covered by the following funds:

1. Contributions made by the State and local governments; and

2. Other revenues accrued from operation of the Korea Consumer Agency.

Article 42 (Supervision)(1) The Fair Trade Commission shall direct and control the Korea Consumer Agency (including the Consumer Safety Center provided for in Ar ticle 51; hereafter in this Section, the same shall apply), and may, if deemed necessary, give instructions or issue orders concerning the activities to the Korea Consumer Agency.

(2) The Korea Consumer Agency shall prepare an annual operational plan and an annual draft budget to obtain approval from the Fair Trade Commis sion, and prepare an annual report on the settlement of accounts and a statement of auditor's opinion thereon to report to the Minister of Fi nance and Economy. In this case, the procedures, etc. therefor shall be prescribed by the Presidential Decree.

(3) The Fair Trade Commission may, if deemed necessary, have the Korea Consumer Agency report matters concerning its activities, accounts and property, or may inspect them.

Article 43 (Fiction as Public Officials in Application of Penal Provisions)

The officers of the Korea Consumer Agency, members of the Consumer Dispute Mediation Commission provided for in Article 60, and personnel as prescribed by the Presidential Decree shall be considered as public of ficials in application of Articles 129 through 132 of the Criminal Act.

Article 44 (Application Mutatis Mutandis)

The provisions of the Civil Act relating to the incorporated foundation shall be applicable mutatis mutandis to matters not provided for in this Act with respect to the Korea Consumer Agency.

CHAPTER VII CONSUMER SAFETY

SECTION 1 General Provisions

Article 45 (Protection of Vulnerable Population)(1) The State and local governments shall preferentially adopt measures to protect the safety-vulnerable population such as children, the old and week, and the handicapped.

(2) In selling, advertising or offering goods, etc. to the safety-vulnerable population such as children, the old and week, and the handicapped, enterprisers shall take necessary preventive measures including those provided for in Article 19 (1) to protect the safety-vulnerable population from any danger or injury.

Article 46 (Request, etc. for Correction)

Where goods, etc. supplied by an enterpriser are anticipated to cause any danger or injury to consumers, the Fair Trade Commission may request the measures provided for in the following subparagraphs from the head of the central administrative agency concerned:

1. Where the enterpriser fails to take the safety measures referred to in other Acts and subordinate statutes, the measures stipulated in such Acts and subordinate statutes;

2. Where other Acts and subordinate statutes do not prescribe the safety criteria or standards, the measures provided for in the following items:

(a) Recommendation of removal, destruction, etc. pursuant to Article 49;

(b) Order of removal, destruction, etc. pursuant to Article 50; and

(c) Disposition of fine for negligence pursuant to Article 86 (1) 1; and

3. Devising and establishing of other measures to prevent damages to goods, etc.

SECTION 2 Consumer Safety Measures

Article 47 (Duty to Report Information on Defects)(1) If an enterpriser has found that there exist any serious defects in the manufacture, design, or indication, etc. of goods, etc. supplied by him/ her to consumers that cause or are likely to cause any danger or injury to consumers' lives, bodies, or property, he/she shall report (including any electronic report; hereinafter the same shall apply) the contents of the defects to the head of the competent central administrative agency.

(2) The head of the central administrative agency, who has received the report pursuant to paragraph (1), shall request the testing and inspection institution under Article 17 or the Korea Consumer Agency, etc. to test and inspect the goods, etc. with respect to the contents of the defects reported by the enterpriser, and if the goods, etc. in question fall under any cause described in Article 49 or 50 as a result of such test and in spection, shall take necessary measures against the enterpriser pursuant to the relevant Article.

(3) The enterprisers liable to report the contents of defects under para graph (1) shall be as follows:

1. A person who manufactures, imports or supplies goods, etc.;

2. A person who attaches his/her name, trade name, or other identification mark, etc. to goods to indicate himself/herself as their manu facturer;

3. A person who establishes and operates such a superstore as determined by the Presidential Decree among superstores under subparagraph 3 of Article 2 of the Distribution Industry Development Act; and

4. A person who manufactures, imports, sells or supplies the goods, etc. that cause or might cause any danger or injury to consumers' lives, bodies or property, as prescribed by the Presidential Decree.

(4) Necessary matters for the scope of serious defects to be reported by enterprisers under paragraph (1) and for the time limit, procedures, etc. of the report shall be prescribed by the Presidential Decree.

Article 48 (Voluntary Removal, etc. of Goods, etc.)

If an enterpriser deems that goods, etc. furnished by him/her to con sumers cause or are likely to cause any danger or injury to consumers' lives, bodies, or property due to their defects, he/she shall remove, destroy, or repair such goods, etc., exchange them for other goods, etc., refund their costs, prohibit their manufacture, import, sale or supply, or take other necessary measures under the conditions as prescribed by the Presidential Decree.

Article 49 (Recommendation, etc. of Removal, Destruction, etc.)(1) If the head of a central administrative agency deems that goods, etc. furnished by an enterpriser cause or might cause any danger or injury to consumers' lives, bodies or property due to their defects, he/she may recommend the enterpriser to remove, destroy, or repair such goods, etc., to exchange them for other goods, etc., to refund their costs, to prohibit their manufacture, import, sale or supply, or to take other necessary measures.

(2) The enterpriser who has received the recommendation under par agraph (1) shall notify the head of the competent central administrative agency of whether or not to accept such recommendation.

(3) If the enterpriser accepts the recommendation under paragraph (1), he/she shall take the measures under Article 48.

(4) If the enterpriser who has received the recommendation under par agraph (1) refuses to comply with it without any justifiable reason, the head of the central administrative agency may publish the fact that the enterpriser has received such recommendation.

(5) Necessary matters for the recommendation, the acceptance of recommendation, and the publication procedures under paragraphs (1) through (4) shall be prescribed by the Presidential Decree.

Article 50 (Order, etc. of Removal, Destruction, etc.)(1) If the head of a central administrative agency deems that an enter priser causes or might cause any danger or injury to consumers' lives, bodies, or property due to any defect in goods, etc. furnished by him/her, he/she may order the enterpriser to remove, destroy, or repair such goods, etc., exchange them for other goods, etc., refund their costs, or prohibit the manufacture, import, sale or supply of them, and to repair facilities related to such goods, etc. or take other necessary measures, subject to the procedures determined by the Presidential Decree: Provided, That if it is deemed that such defect causes or might cause any urgent and significant danger or injury to consumers' lives, bodies or property and it is inevitable to prevent the occurrence or spread of such danger or injury, he/ she may do so without the said procedures.

(2) If the enterpriser fails to comply with the order as referred to in paragraph (1), the head of the central administrative agency may re move and destroy directly such goods, etc., or prohibit the supply of them, or take other necessary measures, under the conditions as pre scribed by the Presidential Decree.

SECTION 3 Gathering, etc. of Information on Dangers and Injuries

Article 51 (Establishment of Consumer Safety Center)(1) In order to assist the consumer safety policies, a Consumer Safety Center shall be established in the Korea Consumer Agency.

(2) The Consumer Safety Center shall have a director, and matters relating to its organization shall be determined by its articles of association.

(3) The duties of the Consumer Safety Center shall be as follows:

1. Collection and handling of information on dangers and injuries pursuant to Article 52;

2. Research and study necessary to secure consumer safety;

3. Education and public relations related to consumer safety;

4. Recommendation for correction of any defect in dangerous goods, etc.;

5. International cooperation concerning consumer safety; and

6. Other business matters relating to consumer safety.

Article 52 (Collection and Handling of Information on Dangers and In juries)(1) The Consumer Safety Center may collect information on goods, etc. that cause or might cause any danger or injury to consumers' lives, bodies or property (hereinafter referred to as the "information on dangers and injuries").

(2) The director shall analyze the information on dangers and injuries collected pursuant to paragraph (1) and report to the president on the results thereof, and the president may take the measures provided for in the following subparagraphs if necessary in consequence of the analysis of information:

1. Issuance of a consumer safety warning to prevent any danger or injury and accident;

2. Publication of the matters relating to the safety of goods, etc.;

3. Recommendation of correction for enterprisers who supply any dan gerous goods, etc.;

4. Proposal of corrective measures and systematic improvement to the State and local governments; and

5. Other measures necessary to secure the safety of consumers, as pre scribed by Presidential Decree.

(3) A person who is engaged in collecting and handling information on dangers and injuries pursuant to paragraphs (1) and (2) shall not divulge the names of the enterpriser and goods concerned, the extent of damage and the details of the case involved until the danger of the goods, etc. is confirmed and made public.

(4) The Fair Trade Commission may, if necessary to assist the Consumer Safety Center in efficiently gathering information on dangers and injuries, designate and operate administrative agencies, hospitals, schools, con sumer organizations, etc. as organs submitting information on dangers and injuries.

(5) Necessary matters concerning the collection, handling, etc. of information on dangers and injuries pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree.

CHAPTER VIII SETTLEMENT OF CONSUMER DISPUTES

SECTION 1 Settlement, etc. of Complaints by Enterprisers

Article 53 (Establishment and Operation of Consumer Consulting Organs)(1) Enterprisers and enterprise organizations shall actively strive to establish and operate organs to reflect consumers' opinions or complaints, etc. in the management of the enterprises concerned and to deal with consumers' damages speedily (hereinafter referred to as "consumer consulting organs").

(2) Enterprisers and enterprise organizations shall actively endeavor to hire and post the employees who take full charge of consultation on consumers' complaints or damages, such as those holding qualifications concerned under the National Technical Qualifications Act.

Article 54 (Encouragement of Establishment of Consumer Consulting Organs)(1) The head of a central administrative agency may encourage enterprisers or enterprise organizations to establish and operate consumer consulting organs or provide them with supports necessary for the establishment and operation thereof.

(2) The Fair Trade Commission may determine and publish the encouragement criteria for establishment and operation of consumer consulting organs.

SECTION 2 Remedy for Damages by Korea Consumer Agency

Article 55 (Application, etc. for Remedy for Damages)(1) Consumers may apply for remedy for damages caused by use of goods, etc. to the Korea Consumer Agency.

(2) Where the State, a local government or a consumer organization receives an application for remedy for damages from a consumer, the settlement of it may be entrusted to the Korea Consumer Agency.

(3) An enterpriser may, upon receipt of an application for remedy for damages from a consumer, may entrust the Korea Consumer Agency with the settlement thereof only in case of falling under any one of the following subparagraphs:

1. Where no agreement is reached even after

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