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Newsletter | December 2013
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BROADCASTING & TELECOMMUNICATION |
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Obligation to Indicate Grade of EMF on Wireless Devices |
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The Ministry of Science, ICT and Future Planning (the “MSIP”) announced a notification regarding the criteria for grading electromagnetic field (“EMF”), the objects subject to the indication of EMG grade, and the method of such indication on August 1, 2013. The notification is based on Article 47 Paragraph 2 of the Radio Wave Act and will become effective on August 1, 2014.
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In accordance with the notification, manufacturers or importers of mobile wireless devices (e.g. , mobile phones) must indicate the grade of specific absorption rate (“SAR”) or measurement of SAR on the product body (e.g. , by using film stickers), product package, user manual, information menu in the device or on a separate notice.
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In addition, base stations, mobile stations and radio stations must also indicate the grade of EMF so that the public can be easily identify such as on the fence, barbed wire, or pertinent radio equipment.
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Violation of this indication obligation may result in an administrative fine of up to KRW 3,000,000 to a manufacturer or importer. Further, in the event the MSIP learns that the EMF emitted by a wireless device exceeds the permissible safety standard, it can test or investigate the pertinent device and upon confirmation of the violation, request for the manufacturer/ importer/ reseller/ renter of the wireless device to take necessary measures such as removing/ demolishing/ destroying or suspending the production/import/sale/use of the devices at issue.
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Companies should confirm whether the mobile wireless devices it manufactures or imports, or the stations it has installed, are subject to such notification obligations and take the necessary measures.
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