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CISS Recall

The recall system refers to withdrawing from the market, exchanging or refunding for products that are deemed to have the Potential to cause physical harm or property damage to consumers. Such measures are voluntarily taken by the business or manufacturer of such items or in response to government orders. The details of the defects involved are publicly notified and corrective measures to withdraw, dispose of, repair, exchange, or refund for the items in question are taken to prevent the damage and protect consumers.

Types of recalls

Voluntary recall

When there is a reason for recall such as concerns about physical harm or property damage to consumers, the business or manufacturer voluntarily withdraws, disposes of, repairs, exchanges, or refunds for the items in question.

Recommended recall

When there is a cause for recall, the head of a national administrative body or the governor or mayor of a local government recommends the recall of items in question.

Order for recall

When there is a cause for recall, the head of a national administrative body or the governor or mayor of a local government orders the business or manufacturer to implement a product recall.

How recalls are carried out

Repairs

The method is used when a complete correction is possible through an exchange of certain parts in the defective product. The cause of defect must be clear.

Exchanges

The principle is to exchange a defective product with the same product without a defect. If this is not possible, an exchange with a product of equivalent value may be carried out.

Refunds

Refunds are usually adopted when a repair or re-use of the defective product is impossible (requires presentation of documents such as purchase receipts).

Disposals

For products that have been banned from sale or withdrawn from the market, this measure is taken to remove the harmful factors and reduce storage costs.

Basic process of recalls

  1. Stage of risk monitoring where the businesses constantly monitor the risk factors of the products.
  2. Stage of harm recognition where the risk of the product is recognized
  3. Stage of risk evaluation where the risks are analyzed and assessed after the defects of the product are recognized
  4. Stage of recall where recall is planned and implemented after evaluation
  5. Stage of post-management where the evaluation of recalls is implemented and follow-up measures such as record management are taken

Major recall-related systems under the current laws

Major recall-related systems under the current laws
Category Legal rationale Head department in charge Conditions for recalls
All goods
and services
Framework Act on
Consumers
Head of national governmental agency, mayor or governor of local governments If there is a concern for significant physical harm or property damages for consumers
Vehicles Motor Vehicle
Management Act
Ministry of Land, Infrastructure and Transport If there are defects that make the vehicle inadequate or pose a risk to safe operation are found in numerous units or if there is a concern for such.
Clean Air
Conservation Act
Ministry of Environment If the manufacturer has exceeded the emission limits as proven by tests on related parts
Food Food Sanitation
Act
Ministry of Food and Drug Safety,
mayors and governors of local governments
If there is an actual violation or concern about violation of food hygiene standards
Framework Act on
Food Safety
Head of the related national administrative body If harm to public health has been posed or a concern about such harm is recognized
Functional Health
Foods Act
Ministry of Food and Drug Safety,
mayors and governors of local governments
If harm to public health has been posed or a concern about such harm is recognized
Drugs Pharmaceutical
Affairs Act
Ministry of Food and Drug Safety,
mayors and governors of local governments
If a violation of related law poses the issue of safety or efficacy
Animal
products
Livestock Products
Sanitary Control Act
Ministry of Agriculture, Food and Rural Affairs(headquarters for inspection and quarantine), head of local governments If harm to public hygiene has been posed or a concern about such harm by animal products is recognized
Industrial
Products
Framework Act on
Product Safety
Head of the related national administrative body If a defect in the manufacturing or design of a product or the markings on the packages pose a risk of physical injury or property damage. Or if concerns about such risk are recognized.
Quality Control And
Safety Management of
Industrial Products Act
Head of local governments If safety certification has not been acquired or safety standards have not been met
Electrical Appliances
Safety Control Act
Head of local governments If safety certification has not been acquired or safety standards have not been met
Drinking
water
Drinking Water
Management Act
Ministry of Environment, head of local governments If the water quality, container or packaging does not meet the standards and thus pose a risk to public health or concerns of such are raised.

Relation between the Framework Act on Consumers and individual laws

  • The Framework Act on Consumers is the basic legal framework to ensure consumer rights including consumer safety. If there are recall-related rules in individual laws for the product type concerned, recalls of the product shall be carried out in accordance with such rules.
  • In cases where systems related to the Framework Act on Consumers are not specified, both the Act and articles on recalls in individual laws may be applied.
    • For instance, if the manufacturer or distributor of food products has recognized the defects of the products, the articles related to the obligation to report on defects under the Framework Act on Consumers shall be applied. If the risk factors are verified after evaluation of information on the defects, the recall rules under the Food Sanitation Act which is an individual law shall be applied to enable recalls.
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