Korea's National Assembly has passed amendments to the Product Safety Framework Act ("Framework Act") and the Special Act on Safety of Children's Products ("Special Act") to establish a system for managing the safety of children's products purchased by consumers directly from overseas online stores operated by intermediaries who do not have an address or place of business in Korea ("Direct Purchase Overseas Products").
Prior to the amendments, the head of a central administrative agency could recommend safety measures – such as recalls, disposals, or prohibition of manufacture/distribution – for products circulating in the market or being imported at the customs clearance stage that may pose a risk to consumers. However, there was no legal basis to take such measures on Direct Purchase Overseas Products. With consumer harm on the rise, such as hazardous substances exceeding legal limits and safety accidents involving Direct Purchase Overseas Products brought into the country without any safety testing, the recent amendments were passed to address these concerns.
The amended Framework Act will take effect on June 3, 2026, and the amended Special Act will take effect on December 3, 2026. The main provisions of the amendments are as follows.
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Safety inspection of Direct Purchase Overseas Products and return or disposal of products that may pose a risk to consumers
Direct Purchase Overseas Products are now subject to safety inspections, and when products at the customs clearance stage are judged likely to pose a risk to consumers, the head of the competent central administrative agency for each product may request the Commissioner of the Korea Customs Service to return or dispose of such products (Article 9 4 of the amended Framework Act; Article 8 of the amended Special Act).
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Product removal recommendations and disclosure orders for overseas online store intermediaries
If (1) a safety inspection confirms that a Direct Purchase Overseas Product is hazardous, or (2) a defect (e.g., manufacturing or design defect) in a Direct Purchase Overseas Product causes or is likely to cause harm to consumers, the authorities may recommend the removal of such product from the online store to the overseas intermediary, and may publicize such recommendation through a posting on the online store or a government press release (Article 10 2(1) of the amended Framework Act; Article 9 2(1) of the amended Special Act). Further, if an overseas online store intermediary fails to comply with such recommendation without a legitimate reason, the authorities may publicly disclose such noncompliance (Article 10 2(2) of the amended Framework Act; Article 9 2(2) of the amended Special Act).
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Collection and management of safety related information for Direct Purchase Overseas Products
The head of a central administrative agency may publish the safety inspection results of Direct Purchase Overseas Products and collect and manage related information (Articles 15 2 and 16 of the amended Framework Act). For Direct Purchase Overseas Products that are children’s products, the head of the central administrative agency may carry out market surveillance, request product safety information from medical institutions and insurance companies, and collect and manage various accident related information (Articles 27 and 28 of the amended Special Act). Previously, market surveillance relied on collection of accident information through the Korea Consumer Agency, fire departments, etc., but with the expanded scope of accident information collection, a more extensive market surveillance – including risk assessments – is expected to be proactively implemented going forward.
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Establishment of safety standards for teaching aids
The head of the central administrative agency may establish and publicize safety standards for teaching aids, such as blackboards, and may request the Minister of Education to implement necessary measures to ensure the use of teaching aids that meet such safety standards (Article 14 2 of the amended Special Act).
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The amendments primarily address a previous gap in the safety management of Direct Purchase Overseas Products, especially children's products, but also establish safety standards for teaching aids, such as blackboards and bulletin boards, that were previously outside the scope of the Special Act.
[Korean Version]
