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Enforcement Decree of the Cosmetics Act (Presidential Decree No.32445, Feb. 15, 2022)

Enforcement Decree of the Cosmetics Act (Presidential Decree No.32445, Feb. 15, 2022)

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Basic Information
  • Translated By:The National Law Information Center
  • Release Date:Feb 15, 2022
    Implement Date:Feb 18, 2022
     
  • Pages:26
    Format:Electronic Edition (Adobe PDF)
    Language:EN&KR
  • Created On:Nov 25, 2019
    Last Updated On:Mar 15, 2022
     
Background

The purpose of this decree is to prescribe matters delegated by the Cosmetics Act and other matters necessary for the enforcement.

This regulation includes:

  • Detailed types and scope of business

  • Standards for calculation of penalty surcharge

  • Procedures for imposition and collection of penalty surcharges

  • Disposition against payer in arrears of penalty surcharge

  • Publication of relevant violations

  • Delegation of authority, treatment of sensitive information and unique identifiable information

  • Standards for imposition of administrative fines

  • Enforcement date

Contents

This enforcement decree is mainly to guide the authority's supervision though, enterprises can refer to this regulation for more details bout the business types and standards about penalty calculation, etc. 

Detailed Types and Scope of Business

The detailed types and scope of cosmetic business under Article 2-2 (1) of the Cosmetics Act shall be as follows:

1. Cosmetic manufacturing business:

  • Business of directly manufacturing cosmetics;

  • Business of manufacturing cosmetics by consignment;

  • Business of packaging cosmetics (limited to primary package);

2. Responsible cosmetic distribution business:

  • Business in which a cosmetic manufacturer (referring to a person who registered his/her cosmetic manufacturing business directly manufactures, distributes, and sells cosmetics;

  • Business of distributing and selling cosmetics that a cosmetic manufacturer manufactures by consignment;

  • Business of distributing and selling imported cosmetics;

  • Business of offering or supplying cosmetics for import agency business (limited to electronic commerce transaction);

3. Custom cosmetic sales business:

  • Business of selling cosmetics made by mixing the contents of a manufactured or imported cosmetic with the contents of any other cosmetic or a raw material prescribed by the Minister of Food and Drug Safety (MFDS);

  • Business of selling cosmetics repackaged by dividing the contents of a manufactured or imported cosmetic into smaller amounts.

The standards for penalty calculation, the imposition of administrative fines are listed in the attached tables. 


Contents of the English Translation of Enforcement Decree of the Cosmetics Act

Article 1 (Purpose) 

Article 2 (Detailed Types and Scope of Business) 

Article 3 Deleted.

Article 4 Deleted.

Article 5 Deleted.

Article 6 Deleted.

Article 7 Deleted.

Article 8 Deleted.

Article 9 Deleted.

Article 10 Deleted.

Article 11 (Standards for Calculation of Penalty Surcharges)

Article 12 (Procedures for Imposition and Collection of Penalty Surcharges)

Article 12-2 (Prolonging the Deadline for Payment and Installment Payments) 

Article 12-3 (Disposition against Payers in Arrears of Penalty Surcharges)

Article 13 (Publication of Relevant Violations)

Article 14 (Delegation of Authority)

Article 15 (Treatment of Sensitive Information and Personally Identifiable information)

Article 16 (Standards for Imposition of Administrative Fines) 

ADDENDA 

Attached tables and appedix (not included)