Chapter 3 Market Checks
Article 12
The central competent authority or labor inspection body may conduct market checks as a result of any of the following reasons:
1.Accusations made by informants, workers or labor groups,
2.Disasters or incidents caused by products that are likely to damage the life, body, health or properties of workers, or
3.Other information resources indicating that the conduction of market checks is considered necessary.
Article 13
The following items shall be included in market checks:
1.Compliance of the product with the requirements of Paragraphs 1 and 3, Article 7,
2.Compliance of the product with the requirements of Paragraph 1, Article 8,
3.Compliance of the safety labels or certification labels, in terms oftheir patterns and manners of posting, with the requirements specified in the regulations,
4.Completion of corrective actions within the specified time limit for violating products,
5.Recall of violating products within the specified time limit, and
6.Violations of laws by manufacturing and shipping out of the production premises, importing, renting, supplying or installing productsof which the registered information or type-certified qualification is cancelled, rescinded or withdrawn.
The central competent authority or labor inspection body may notify the person subject to inspection to provide certificate of type certification, test reports, technical files, testing samples or other supporting documents during market checks.
Article 14
The inspector performing market checks shall present identification documents to the person subject to inspection and explain the basis and reasons of the checks.
The person subject to inspection shall be present or assign representative to accompany the inspector during market checks.
The inspector shall make inspection records after completing market checks and have the person subject to inspection sign or seal stamps on the inspection records.
Article 15
The central competent authority or the labor inspection body shall investigate on products that are likely to violate related regulations when it performs market checks.
The means of investigation shall be:
1.To make inquiry to the person subject to inspection or related persons and request for supply of relevant supporting documents,
2.To investigate at the site mentioned in subparagraph 2, Article 2 and sample products that are likely to violate related regulations for inspection, or ask the person subject to inspection to provide products that are of the same type with suspect products for testing, and
3.To seal products that are likely to violate regulations, where necessary, and put the products in the custody of the person subject to inspection or deliver the products to designated places after the person subject to inspection draws up proof documents or affidavit concerning the status of these sealed products.
Article 16
The inspector when performing the investigation mentioned in the preceding Article shall make interview records on the site of investigation or designated places where the products are stored. Comments or explanations made by the person subject to inspection shall be noted in the records.
The person subject to inspection shall keep shipment-return documents for later checks when delivering products likely to violate regulations to designated places for storage.
The central competent authority, labor inspection body and type certification body mentioned in Paragraph 1, Article 8 of the Act may request assistance from the police on a case-by-case basis when situations such as evasion, impediment or refusal of investigation occur.
Article 17
The person subject to inspection or the designated representative shall not evade, impede or refuse market checks without justified reasons.
Article 18
The inspector shall make records on market checks if the person subject to inspection evade, impede or refuse checks without justified reasons.
The records mentioned in the preceding paragraph shall include the following items:
1.Name, office or business place of the person subject to inspection, and the name, date of birth, gender, personal identification number and address of domicile of the responsible person or representative,
2.Reasons of evasion, impediment or refusal of checks and the whole course of the situation,
3.The body and person performing checks, and the time and place of checks,
4.Other items for collecting evidence.
Where the information on the person subject to inspection is not available, the inspector may make inquiry to related government agencies and record it at a later time.
Article 19
The central competent authority or labor inspection body findsing noncompliant products during market checks of type-certified products shall inform the type certification body that issue the certificate to investigate reasons of noncompliance, make interview reports and process the case in accordance with related requirements.