연혁 — 판 9개
ELEVATOR SAFETY MANAGEMENT ACT — 한국법제연구원 번역으로 참고용입니다. 효력은 한국어 원문에 있습니다.
1/4 · CHAPTER I GENERAL PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1Purpose
The purpose of this Act is to ensure the safety of elevators and protect the lives, bodies and property of users, etc. of elevators by prescribing matters related to the manufacture, import and installation of elevators, matters concerning the safety certification and safety management of elevators, and other relevant matters.
Article 2Definitions
The terms used in this Act are defined as follows:
1. The term "elevator" means any equipment attached to a building or other fixed structure and used for carrying persons or freight onto platforms along certain conveying paths (excluding equipment prescribed by Presidential Decree, such as mechanical parking equipment under the Parking Lot Act), which is prescribed by Presidential Decree;
2. The term "elevator part" means any product, component or accessory that constitutes an elevator;
3. The term "manufacture" means any act of producing, assembling or processing elevators or elevator parts for purpose of selling, leasing or installing them;
4. The term "installation" means the act of installing an elevator (including the replacement of an elevator within the scope prescribed by Decree of the Ministry of the Interior and Safety) in a building or a fixed structure in accordance with technical drawings and manuals, including design drawings of an elevator;
5. The term "maintenance" means the following safety management activities performed to ensure that each elevator which has undergone an installation inspection pursuant to Article 28 (1) maintains the functions and safety required by design:(a) Regular inspection;(b) Repair of elevators or elevator parts;(c) Replacement of elevator parts;(d) Other safety management activities deemed necessary to maintain the functions and safety of elevators and publicly notified by the Minister of the Interior and Safety;
6. The term "elevator business operator" means any of the following persons:(a) A person registered to engage in the manufacturing business or import business of elevators or elevator parts under the former part of Article 6 (1);(b) A person registered to engage in the elevator maintenance business under the former part of Article 39 (1);(c) A person registered for construction business under Article 9 (1) of the Framework Act on the Construction Industry, who engages in the elevator installation business prescribed by Presidential Decree (hereinafter referred to as "installation business operator");
7. The term "managing body" means any of the following persons:(a) The owner of an elevator;(b) A person designated by other statutes or regulations as an elevator manager;(c) A person who has been granted the responsibility and authority to manage an elevator in a safe manner by virtue of a contract concluded with a person falling under item (a) or (b).
Article 3Responsibilities of the State
(1) The State shall formulate and execute comprehensive policies for the safety of elevators.
(2) Each local government shall formulate and execute policies for the safety of elevators within its jurisdictional area to meet local conditions.
Article 3-2Formulation and implementation of master plan for elevator safety management
(1) The Minister of the Interior and Safety shall formulate and implement a master plan for safety management of elevators (hereinafter referred to as "master plan") every 5 years, including the following:
1. Basic goals and directions for safety management of elevators;
2. Establishment and operation of elevator safety management systems;
3. Research and development of elevator safety management technology;
4. Education and training of technical personnel for safety management of elevators;
5. Promotion of the elevator safety industry;
6. Other matters that the Minister of the Interior and Safety deems necessary for safety management of elevators.
(2) Where it is necessary to modify a master plan due to changes in social and economic conditions related to the safety management of elevators, etc., the Minister of the Interior and Safety may modify such master plan.
(3) Before formulating or modifying a master plan, the Minister of the Interior and Safety shall consult thereon with the heads of relevant central administrative agencies.
(4) Where the Minister of the Interior and Safety deems it necessary to formulate or modify a master plan, he or she may request the heads of relevant central administrative agencies or the heads of local governments to submit relevant data. In such cases, the heads of relevant central administrative agencies or the heads of local governments so requested shall comply, unless there is a compelling reason not to do so.
(5) Once a master plan is formulated or modified, the Minister of the Interior and Safety shall notify the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") thereof and publish it in the Official Gazette or on the website.
(6) The Mayor/Do Governor shall formulate and implement a regional action plan for elevator safety management (hereinafter referred to as "action plan") in accordance with the actual conditions of the area under his or her jurisdiction by reflecting the master plan notified pursuant to paragraph (5).
(7) Except as provided in paragraphs (1) through (6), matters necessary for the formulation, modification and implementation of a master plan or an action plan shall be prescribed by Presidential Decree.[This Article Added on Jan. 30, 2024]
Article 4Duties of elevator business operators
(1) When an elevator business operator manufactures, imports, installs or maintains any elevator or elevator part, he or she shall strive to prevent any damage that may occur to elevator users, etc. by complying with this Act and standard, etc. prescribed by this Act.
(2) Each managing body shall manage elevators in a safe manner as prescribed by this Act to continuously maintain their functions and safety.
Article 5Relationship to other statutes
(1) Except as otherwise provided in other statutes, matters concerning safety of elevators shall be governed by this Act.
(2) The enactment or amendment of any other statutes concerning safety of elevators shall conform to the purpose of this Act.
CHAPTER II MANUFACTURING BUSINESS OR IMPORT BUSINESS OF ELEVATORS
Article 6Registration of manufacturing business or import business of elevators
(1) A person who intends to engage in the business of manufacturing or importing elevators or elevator parts prescribed by Presidential Decree (hereinafter referred to as "manufacturing or import business") shall file for registration with the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply to any modification to matters prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jan. 30, 2024>(2) A person who intends to file for registration pursuant to the former part of paragraph (1) shall fulfill the requirements for capital (for an individual, referring to the estimated value of his or her assets), technical personnel and facilities prescribed by Presidential Decree.
(3) The registration of modification under the former part of paragraph (1) shall be filed within 30 days from the date of such modification of registered matters.
(4) Where a person who has registered to engage in manufacturing business or import business under the former part of paragraph (1) (hereinafter referred to as "manufacturer or importer") discontinues or suspends his or her business or resumes his or her suspended business, he or she shall report thereon to the competent Mayor/Do Governor within 30 days therefrom.
Article 7Grounds for disqualification for registration of manufacturing business or import business
None of the following persons shall be eligible for the registration of manufacturing business or import business: <Amended on Jan. 12, 2021; Jan. 30, 2024>1. A person under adult guardianship;
2. A person declared bankrupt and not yet reinstated;
3. A person in whose case two years have not passed since his or her imprisonment with labor or a heavier punishment declared by a court for violating this Act was completely executed (including cases in which the execution of the punishment is deemed complete) or exempted;
4. A person who is under the suspension of execution of his or her punishment declared by a court for violating this Act;
5. A person in whose case two years (six months if registration was revoked for falling under Article 9 (1) 7 or 8) have not passed since registration was revoked under Article 9 (1) (excluding cases where the registration was revoked for falling under subparagraph 1 or 2 of this Article);
6. A corporation whose representative falls under any of subparagraphs 1 through 5.
Article 8Post-management to be conducted by manufacturers or importers
(1) When a manufacturer or importer sells or transfers any elevator or elevator parts, he or she shall take the following measures (in cases falling under subparagraph 3, limited to cases where a person who has registered to engage in the elevator maintenance business under the former part of Article 39 (1)) as prescribed by Presidential Decree:
1. Provision of elevator maintenance parts prescribed by Decree of the Ministry of the Interior and Safety with or without compensation;
2. Provision of equipment or software, with or without compensation, which are necessary for inspection, maintenance, and examination on any defects in elevators, defective parts, details of defects, etc. (including the authority to access a password and other relevant information);
3. The following measures on persons who have registered to engage in the elevator maintenance business under the former part of Article 39 (1):(a) Provision of technical guidance and education with or without compensation;(b) Provision of data prescribed by Decree of the Ministry of the Interior and Safety relating to maintenance, such as a maintenance manual;
4. Disclosure of data regarding the recommended replacement cycle and prices of elevator parts.
(2) Where a manufacturer or importer receives a request to supply parts, etc. that fall under paragraph (1) 1 or 2 from any of the following persons, he or she shall comply therewith within two days unless there is a compelling reason not to do so:
1. A managing body of an elevator;
2. A person who has registered to engage in the elevator maintenance business under the former part of Article 39 (1);
3. A cooperative established under the Small and Medium Enterprise Cooperatives Act, the members of which consist of persons registered to engage in the elevator maintenance business under the former part of Article 39 (1).
(3) A Mayor/Do Governor may order a manufacturer or importer who has failed to perform his or her duties prescribed in paragraphs (1) and (2) to perform such duties.
Article 9Revocation of registration of manufacturing business or import business
(1) Where a manufacturer or importer falls under any of the following cases, the competent Mayor/Do Governor may revoke registration for manufacturing business or import business or issue an order for full or partial suspension of business for a specified period of six months; provided, in cases falling under subparagraph 1, 2, 4, or 7, such registration shall be revoked: <Amended on Jan. 30, 2024>1. Where his or her manufacturing business or import business has been registered by fraud or other improper means;
2. Where he or she operates manufacturing business or import business during the period of business suspension, after receiving an order to suspend the business;
3. Where he or she ceases to fulfill the standard for registration prescribed in Article 6 (2);
4. Where he or she falls under any subparagraph of Article 7;
5. Where he or she violates an order of performance issued under Article 8 (3);
6. Where any serious accident or serious trouble in Article 48 (1) occurs by falling under any of the following cases:(a) Where any elevator or elevator part has been wrongly manufactured;(b) Where any wrongly manufactured elevator or elevator part has been imported;
7. Where the manufacturer or importer files a report on closure of business under Article 8 (8) of the Value-Added Tax Act or where the head of the competent tax office cancels the business registration pursuant to paragraph (9) of that Article;
8. Where the manufacturer or importer fails to commence business within three years from the registration of manufacturing business or import business or closes business for at least three consecutive years.
(2) Notwithstanding paragraph (1) 3, where the substandard level for registration under Article 6 (2) is deemed trivial, the competent Mayor/Do Governor shall order, fixing a period, to take a supplementary measure meeting the standard for registration, and may exempt him or her from suspension of all or part of his or her business if he or she complies with such order.
(3) Detailed standard for administrative dispositions under paragraph (1) shall be prescribed by Ministerial Decree of the the Interior and Safety.
Article 10Penalty surcharges to be imposed in lieu of dispositions to suspend manufacturing business or import business
(1) Where a Mayor/Do Governor has to order the suspension of business due to a reason falling under Article 9 (1) 3, 5 or 6, he or she may impose a penalty surcharge not exceeding 100 million won in lieu of a disposition of the suspension of business if the suspension of business is likely to cause serious inconveniences to users, etc. or to undermine the public interest.
(2) Where a manufacturer or an importer liable to pay a penalty surcharge imposed pursuant to paragraph (1) fails to pay it by the deadline for payment, the Mayor/Do Governor shall collect such penalty surcharge pursuant to the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 24, 2020>(3) The types of violations subject to imposition of penalty surcharges under paragraph (1), the amount of a penalty surcharge to be imposed based on the type, extent, etc. of a violation, and matters necessary for the methods, etc. of the collection thereof shall be prescribed by Presidential Decree.
CHAPTER III SAFETY CERTIFICATION OF ELEVATOR PARTS
Section 1 Safety Certificate of Elevator Parts
Article 11Safety certification of elevator parts
(1) A manufacturer and importer of elevator parts shall undergo safety certification (hereinafter referred to as "safety certification of a part") of each elevator part prescribed by Presidential Decree among the elevator parts related to the safety of elevators (hereinafter referred to as "elevator safety part"), conducted by the Minister of the Interior and Safety by model (referring to the model of a product, which has its own name prescribed by Decree of the Ministry of the Interior and Safety); hereinafter the same shall apply), as prescribed by Decree of the Ministry of the Interior and Safety.
(2) A manufacturer or importer of an elevator safety part who intends to alter any matter which has obtained safety certification of a part, shall obtain safety certification of a part in regard to the altered matter from the Minister of the Interior and Safety as prescribed by Decree of the Ministry of the Interior and Safety; provided, the same shall not apply to the alteration of any insignificant matters prescribed by Decree of the Ministry of the Interior and Safety as those unrelated to the safety of the elevator safety part.
(3) The Minister of the Interior and Safety shall grant safety certification of a part where an elevator safety part meets all of the following standard determined and publicly notified by the Minister of the Interior and Safety; provided, an elevator safety part for which no public notice of standards referred to in subparagraph 1 is made or to which the publicly notified standards cannot be applied, he or she may grant safety certification of a part as prescribed by Ministerial Decree of Interior and Safety:
1. Standards for the safety of the elevator safety part itself (hereinafter referred to as "safety standard for elevator safety parts");
2. Standards for the facilities, technical ability, etc. required for manufacturing the elevator safety part.
(4) When granting safety certification of a part pursuant to paragraph (3), the Minister of the Interior and Safety may attach conditions as prescribed by Decree of the Ministry of the Interior and Safety. In such cases, such conditions shall not impose an unreasonable obligation on the manufacturer or importer of the elevator safety part.
Article 12Exemption from safety certification of parts
Where any elevator safety part falls under any of the following cases, the Minister of the Interior and Safety may fully or partially exempt safety certification of a part as prescribed by Presidential Decree, notwithstanding Article 11 (1):
1. Where an elevator safety part is manufactured or imported for purpose of research and development, display, or safety certification test of a part, and the elevator safety part prescribed by Presidential Decree is verified as such by the Minister of the Interior and Safety as prescribed by Decree of the Ministry of the Interior and Safety;
2. Where an elevator safety part is imported for purpose of export and the elevator safety part prescribed by Presidential Decree is verified as such by the competent Mayor/Do Governor as prescribed by ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do");
3. Where the elevator safety part is manufactured for purpose of export;
4. Where it has obtained safety certification equivalent to the safety certification of a part from a foreign institution determined and publicly notified by the Minister of the Interior and Safety in accordance with a mutual recognition arrangement between states;
5. Where a manufacturer or importer of the elevator safety part who has the capability for test at a certain or higher level prescribed by Decree of the Ministry of the Interior and Safety has conducted a safety test of the elevator safety part itself as prescribed by Decree of the Ministry of the Interior and Safety, and the Minister of the Interior and Safety has verified its suitability;
6. Where the elevator safety part is imported or manufactured as an one-off item as prescribed by Decree of the Ministry of the Interior and Safety;
7. Other cases prescribed by Decree of the Ministry of the Interior and Safety, such as the safety of the elevator safety part is recognized under other statutes or regulations.
Article 13Regular evaluation and self-evaluation of elevator safety parts
(1) To check whether any elevator safety part which has obtained safety certification of a part meets the standard referred to in Article 11 (3), a manufacturer or importer of the elevator safety part shall undergo a regular evaluation of the elevator safety part conducted by the Minister of the Interior and Safety as prescribed by Presidential Decree.
(2) A manufacturer or importer of an elevator safety part which has obtained safety certification of a part shall conduct self-evaluation of the safety of elevator safety parts of the same model manufactured or imported after obtaining the safety certification of a part as prescribed by Decree of the Ministry of the Interior and Safety, and shall prepare and retain the record thereof.
Article 14Safety certification marks of parts
(1) A manufacturer or importer of an elevator safety part shall place a mark classified as follows (hereinafter referred to as "safety certification mark, etc. of a part") on each elevator safety part or the package thereof as prescribed by Decree of the Ministry of the Interior and Safety:
1. An elevator safety part which has obtained safety certification of a part and the package thereof: A safety certification mark of a part;
2. An elevator safety part exempted from safety certification of a part under Article 12 and the package thereof: A mark indicating the exemption from safety certification of a part.
(2) No person who has failed to obtain safety certification of a part or is not granted an exemption from safety certification of a part under Article 12 shall place a safety certification mark, etc. of a part or any similar mark on the elevator safety part or the package thereof.
(3) None of the following persons shall alter or remove a safety certification mark, etc. of a part at his or her own discretion:
1. A manufacturer, importer, or import agent of the elevator safety part;
2. A seller, sales broker, or purchasing agent of the elevator safety part;
3. A rental business operator of the elevator safety part;
4. A person who manufactures the elevator part using the elevator safety pars as its component or accessory;
5. Any of the following persons using the elevator safety part:(a) A manufacturer or importer of elevators;(b) A person registered to engage in the elevator maintenance business under the former part of Article 39 (1);(c) An installation business operator;
6. A person who uses elevator safety parts for his or her business.
(4) Where a person who falls under any subparagraph of paragraph (3) sells, leases, mediates sales (excluding cases where a mail order broker under the Act on the Consumer Protection in Electronic Commerce immediately deletes any elevator safety part having no safety certification mark, etc. of a part discovered at a cybermall operated by him or her, makes the requester of mail order brokerage to input information on the safety certification mark, etc. of a part when he or she registers the relevant goods, and takes technical measures to allow consumers to check such information), vicariously purchases or imports elevator safety parts through the Internet, he or she shall post information about the safety certification of a part on the relevant website as prescribed by Decree of the Ministry of the Interior and Safety so that the consumer can acquire knowledge about such information.
Article 15Prohibition of sale and use of elevator safety parts having no safety certification mark of parts
(1) A manufacturer or importer, seller or rental business operator of an elevator safety part shall neither sell or lease any elevator safety part having no safety certification mark, etc. of a part nor import, display, or retain it for purpose of sale or display.
(2) A sales broker, purchasing agent, or import agent of an elevator safety part shall neither mediate the sale of any elevator safety part having no safety certification mark, etc. of a part nor vicariously purchase or import it.
(3) No person who falls under any subparagraph of Article 14 (3) 4 through 6 shall use any elevator safety part having no safety certification mark, etc. of a part.
Article 16Revocation of safety certification of parts
(1) Where a manufacturer or importer of an elevator safety part falls under any of the following cases, the Minister of the Interior and Safety may revoke the safety certification of a part as prescribed by Decree of the Ministry of the Interior and Safety, order to prohibit the use of the safety certification mark, etc. of a part, or order to improve, fixing a period not exceeding six months; provided, in cases falling under subparagraph 1, he or she shall revoke the safety certification of a part; and in cases falling under subparagraph 10, he or she shall either revoke the safety certification of a part or order to prohibit the use of the safety certification mark, etc. of a part:
1. Where the safety certification of a part is obtained by fraud or other improper means;
2. Where the elevator safety part manufactured or imported after obtaining safety certification of a part fails to meets the safety standards for elevator safety parts;
3. Where the safety certification mark, etc. of a part is not placed or falsely placed;
4. Where the conditions attached pursuant to Article 11 (4) are not fulfilled;
5. Where no regular evaluation of the elevator safety part is received as prescribed in Article 13 (1);
6. Where the elevator safety part fails to meet the standard referred to in Article 11 (3) 2, as a result of a regular evaluation of the elevator safety part conducted pursuant to Article 13 (1);
7. Where no self-evaluation of the elevator safety part has been conducted as prescribed in Article 13 (2);
8. Where the record of self-evaluation of the elevator safety part conducted pursuant to Article 13 (2) is not prepared or kept, or falsely prepared or kept;
9. Where an order issued under Article 25 (1) or 26 is violated;
10. Where, in cases falling under any of subparagraphs 2 through 9, an order to prohibit the use of the safety certification mark, etc. of a part or to improve is not fulfilled after receiving such order.
(2) Where the Minister of the Interior and Safety revokes safety certification of a part or orders to prohibit the use of the safety certification mark, etc. of a part or to improve pursuant to paragraph (1), he or she shall publicly announce such fact as prescribed by Decree of the Ministry of the Interior and Safety.
(3) A manufacturer or importer of an elevator safety part, the safety certification of which is revoked pursuant to paragraph (1), shall not be eligible to apply for the safety certification of an elevator safety part of the same model within one year from the date of such revocation.
Section 2 Safety Certification of Elevators
Article 17Safety certification of elevators
(1) A manufacturer and importer of elevators shall undergo safety certification of each elevator model conducted by the Minister of the Interior and Safety, as prescribed by Decree of the Ministry of the Interior and Safety; provided, in cases of an elevator, the model of which is not determined, he or she shall undergo separate safety certification of an elevator in accordance with the standard and procedures prescribed by Decree of the Ministry of the Interior and Safety.
(2) A manufacturer or importer of an elevator who intends to alter any matter which has obtained safety certification (hereinafter referred to as "safety certification of an elevator"), shall obtain safety certification of an elevator in regard to the altered matter from the Minister of the Interior and Safety as prescribed by Decree of the Ministry of the Interior and Safety; provided, the same shall not apply to the alteration of any insignificant matters unrelated to the safety of the elevator safety part, as prescribed by Decree of the Ministry of the Interior and Safety.
(3) The Minister of the Interior and Safety shall grant safety certification of an elevator where the elevator (excluding any elevator subject to safety certification pursuant to the proviso of paragraph (1); hereafter in this paragraph the same shall apply) fulfills all of the following standards determined and publicly notified by the Minister of the Interior and Safety; provided, an elevator for which no public notice of standard referred to in subparagraph 1 is made or to which the publicly notified standard cannot be applied, he or she may grant safety certification of an elevator as prescribed by Ministerial Decree of Interior and Safety:
1. Standards for safety of an elevator itself (hereinafter referred to as "elevator safety standard");
2. Standards for facilities, technical ability, etc. required for manufacturing elevators.
(4) When granting safety certification of an elevator pursuant to paragraph (3), the Minister of the Interior and Safety may attach conditions as prescribed by Decree of the Ministry of the Interior and Safety. In such cases, such conditions shall not impose an unreasonable obligation on the manufacturer or importer of the elevator.
Article 18Exemption from safety certification of elevators
Where any elevator falls under any of the following cases, the Minister of the Interior and Safety may fully or partially exempt safety certification of an elevator as prescribed by Presidential Decree, notwithstanding Article 17 (1): <Amended on Jan. 30, 2024>1. Where it is an elevator manufactured or imported for purpose of research and development, display, or test for safety certification of an elevator, and the elevator prescribed by Presidential Decree is verified as such by the Minister of the Interior and Safety as prescribed by Decree of the Ministry of the Interior and Safety;
2. Where it is an elevator imported for purpose of export and the elevator prescribed by Presidential Decree is verified as such by the competent Mayor/Do Governor as prescribed by ordinance of the relevant City/Do;
3. Where the elevator is manufactured for purpose of export;
4. Where it has obtained safety certification equivalent to the safety certification of an elevator from a foreign institution determined and publicly notified by the Minister of the Interior and Safety in accordance with a mutual recognition arrangement between states;
5. Where the manufacturer or importer of the elevator having at least the specific level of test capability prescribed by Decree of the Ministry of the Interior and Safety has conducted a safety test of the elevator itself as prescribed by Decree of the Ministry of the Interior and Safety, and the Minister of the Interior and Safety has verified its suitability;
6. Where the elevator is imported or manufactured as an one-off item as prescribed by Decree of the Ministry of the Interior and Safety;6-2. Where a corporation or organization comprised of manufacturers or importers of elevators and prescribed by Ordinance of the Ministry of the Interior and Safety has obtained confirmation that the details of the elevator jointly designed under the main clause of Article 17 (1) meet the safety standards for elevators, as prescribed by the Minister of the Interior and Safety (in such cases, the scope of exemption shall be limited to design-related matters);
7. Other cases prescribed by Decree of the Ministry of the Interior and Safety, such as the cases where the safety of the elevator is recognized under other statutes or regulations.
Article 19Regular evaluation and self-evaluation of elevators
(1) To check whether any elevator which has obtained safety certification meets the standards referred to in Article 17 (3) (excluding any elevator which has obtained safety certification pursuant to the proviso of Article 17 (1); hereafter in this Article the same shall apply), the manufacturer or importer of the elevator shall undergo an evaluation of the elevator on a regular basis conducted by the Minister of the Interior and Safety as prescribed by Presidential Decree.
(2) The manufacturer or importer of an elevator which has obtained safety certification of an elevator shall conduct self-evaluation of the safety of the elevators of the same model manufactured or imported after obtaining the safety certification of an elevator as prescribed by Decree of the Ministry of the Interior and Safety, and shall prepare and retain the record thereof.
Article 20Safety certification marks of elevators
(1) The manufacturer of importer of an elevator shall place a mark classified as follows (hereinafter referred to as "safety certification mark, etc. of an elevator") on each elevator or the package thereof as prescribed by Decree of the Ministry of the Interior and Safety:
1. An elevator which has obtained safety certification: A mark indicating safety certification of an elevator;
2. An elevator exempted from safety certification of an elevator under Article 18: A mark indicating the exemption from safety certification of an elevator.
(2) No person who has failed to obtain safety certification of an elevator or is not granted an exemption from safety certification of an elevator under Article 12 shall place a safety certification mark, etc. of an elevator or any similar mark on an elevator.
(3) None of the following persons shall alter or remove a safety certification mark, etc. of an elevator at his or her own discretion:
1. A manufacturer, importer, or import agent of the elevator;
2. A seller, sales broker, or purchasing agent of the elevator;
3. A rental business operator of the elevator;
4. A person registered to engage in the elevator maintenance business or an installation business operator pursuant to the former part of Article 39 (1);
5. A person who uses the elevator for his or her business.
(4) Where a person who falls under any subparagraph of paragraph (3) sells, leases, mediates sales (excluding cases where a mail order broker under the Act on the Consumer Protection in Electronic Commerce immediately deletes an elevator having no safety certification mark of an elevator discovered at a cybermall operated by him or her, makes the requester of mail order brokerage input information on the safety certification mark, etc. of an elevator when he or she registers the relevant goods, and takes technical measures for consumers to be able to check such information), vicariously purchases or imports the elevator through the Internet, he or she shall post information about the safety certification of an elevator on the relevant website as prescribed by Decree of the Ministry of the Interior and Safety so that the consumer can acquire the knowledge about such information.
Article 21Revocation of safety certification of elevators
(1) Where the manufacturer or importer of an elevator falls under any of the following cases, the Minister of the Interior and Safety may revoke the safety certification of an elevator as prescribed by Decree of the Ministry of the Interior and Safety, order to prohibit the use of the safety certification mark, etc. of an elevator or order to improve, fixing a period not exceeding six months; provided, in cases falling under subparagraph 1, he or she shall revoke the safety certification of an elevator; and in cases falling under subparagraph 10, he or she shall either revoke the safety certification of an elevator or order to prohibit the use of the safety certification mark, etc. of an elevator:
1. Where the safety certification of an elevator is obtained by fraud or other improper means;
2. Where the elevator manufactured or imported after obtaining safety certification of an elevator fails to meet the elevator safety standards;
3. Where the safety certification mark, etc. of an elevator is not placed or falsely placed;
4. Where the conditions attached pursuant to Article 17 (4) are not fulfilled;
5. Where no regular evaluation of the elevator is received as prescribed in Article 19 (1);
6. Where the elevator fails to meet the standards referred to in Article 17 (3) 2, as a result of a regular evaluation of the elevator conducted pursuant to Article 19 (1);
7. Where no self-evaluation of the elevator has been conducted as prescribed in Article 19 (2);
8. Where the record of self-evaluation of the elevator conducted pursuant to Article 19 (2) is not prepared or kept, or falsely prepared or kept;
9. Where an order issued under Article 25 (2) or 26 is violated;
10. Where, in cases falling under any of subparagraphs 2 through 9, an order to prohibit the use of the safety certification mark, etc. of an elevator or to improve is not fulfilled, upon receipt of such order.
(2) Where the Minister of the Interior and Safety revokes the safety certification of an elevator or orders to prohibit the use of the safety certification mark, etc. of an elevator or to improve pursuant to paragraph (1), he or she shall publicly announce such fact as prescribed by Decree of the Ministry of the Interior and Safety.
(3) The manufacturer or importer of an elevator, safety certification of which is revoked pursuant to paragraph (1), shall not be eligible to apply for the safety certification of an elevator of the same model within one year from the date of such revocation.
Section 3 Safety Certification by Proxy
Article 22Safety certification by proxy
(1) The Minister of the Interior and Safety may have any of the following institutions vicariously conduct the safety certification of parts or elevators; provided, he or she may have the corporations, organizations, or institutions referred to in subparagraph 2 vicariously conduct part of safety certification of parts:
1. The Korea Elevator Safety Agency under Article 55;
2. Corporations, organizations, or institutions designated as agencies for safety certification of parts under Article 23 (1).
(2) A person who vicariously conducts safety certification of parts or elevators pursuant to paragraph (1) may have a domestic or foreign testing institute conduct a test, as prescribed by Decree of the Ministry of the Interior and Safety, to check whether an elevator safety part or elevator meets the standards classified as follows and utilize the result thereof for safety certification of the part or elevator:
1. Elevator safety part: The standard referred to in subparagraphs of Article 11 (3);
2. Elevator: The standard referred to in subparagraphs of Article 17 (3).
(3) Pursuant to paragraph (1), the Minister of the Interior and Safety may provide guidance, supervision and support to a person who vicariously conducts safety certification of parts or elevators, to the extent necessary to ensure the safety of elevator safety parts and elevators.
Article 23Designation and revocation of designation of designated certification agencies
(1) The Minister of the Interior and Safety may designate a corporation, organization, or institution that meets the standard for designation prescribed by Presidential Decree, from among corporations, organizations, or institutions operating business related to the safety management of elevators, as an agency for safety certification of parts (hereinafter referred to as "designated certification agency"), as prescribed by Decree of the Ministry of the Interior and Safety.
(2) Where a designated certification agency falls under any of the following cases, the Minister of the Interior and Safety may either revoke the designation or issue an order to suspend its business, fixing a period not exceeding one year; provided, in cases falling under subparagraph 1 or 2, such designation shall be revoked:
1. Where it is designed as a certification agency by fraud or other improper means;
2. Where it conducts the safety certification of parts during the period of business suspension after receiving an order to suspend its business;
3. Where it refuses or fails to conduct the safety certification of part without good cause;
4. Where it allows a person disqualified for conducting safety certification of parts to conduct the safety certification of parts;
5. Where it ceases to meet the standard for designation referred to in paragraph (1);
6. Where its employee in charge of safety certification of parts conducts the safety certification of parts, in violation of Article 72 (1) 1, intentionally or by gross negligence;
7. Where it fails to enter or falsely enters the results of safety certification of parts into the comprehensive elevator safety information network in Article 73, in violation of Article 72 (2);
8. Where it receives a fee in Article 76 more or less than the fixed amount.
(3) Notwithstanding paragraph (2) 5, where the substandard level for designation under paragraph (1) is deemed trivial, the Minister of the Interior and Safety shall order, fixing a period, to take a supplementary measure meeting the standard for designation, and may exempt it from suspension of business if such order is fulfilled.
(4) A corporation, organization, or institution, the designation of which is revoked pursuant to paragraph (2), shall not be eligible to apply for the designation of a designated certification agency within one year from the date of such revocation.
(5) Detailed standard for administrative dispositions under paragraph (2) shall be prescribed by Ministerial Decree of the the Interior and Safety.
Article 24Penalty surcharges to be imposed on designated certification agencies in lieu of disposition to suspend business
(1) Where the Minister of the Interior and Safety has to order the suspension of business due to a reason falling under any subparagraph of Article 23 (2) 3 through 8, he or she may impose a penalty surcharge not exceeding 300 million won in lieu of a disposition of suspension of business if the suspension of business is likely to cause serious inconveniences to users, etc. or to undermine the public interest.
(2) Where a person liable to pay a penalty surcharge imposed pursuant to paragraph (1) fails to pay it by the deadline for payment, the Minister of the Interior and Safety shall collect such penalty surcharge in the same manner as delinquent national taxes are collected.
(3) The types of violations subject to imposition of penalty surcharges under paragraph (1), the amount of a penalty surcharge to be imposed based on the type, extent, etc. of a violation, and matters necessary for the methods, etc. of the collection thereof shall be prescribed by Presidential Decree.