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

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

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