Measures have been put in place to reduce the burden of radio certification for companies in conformity assessments and to strengthen consumer safety, including protection against damage from illegal drones.

The revised Enforcement Decree of the Radio Act, announced by the Ministry of Science and ICT to improve the radio wave usage system, went into effect on the 24th.

This revision of the enforcement ordinance will improve the conformity assessment system for broadcasting and communications equipment, including the introduction of a self-conformity verification system, establishment of a non-conformity reporting procedure, and mandatory designation of domestic agents for foreign manufacturers and sellers, and will establish a compensation system for civilian damage caused by radio wave blocking devices.

■ Alleviation of the burden of radio wave certification for domestic companies

The current conformity assessment system is a strict pre-regulatory testing and certification system applied to all products, and is not able to properly respond to the industrial environment of ICT products, such as convergence and combination and small-scale production of multiple varieties. This has resulted in delays in the launch of new products and increased certification costs, which have become a burden for companies.

Accordingly, the Ministry of Science and ICT has introduced a self-conformity confirmation system that allows companies to conduct their own tests and disclose the relevant information before launching products with low radio hazards, such as lighting equipment, USB, and battery-operated products, thereby easing the burden on companies.

The government expected that the introduction of the self-conformity verification system would result in a reduction in certification costs of approximately 1.1 billion won and a reduction in the number of new product launches per year by approximately 20,000.

It was also announced that the problem of delay in testing has been improved by replacing the suspension of business of designated testing agencies with a fine. In the case where a designated testing agency receives a suspension of business due to serious negligence, etc., manufacturers and sellers using the testing agency suffer damages such as delays in testing schedules, so this has been newly introduced as an improvement measure.

In addition, the method of indicating the certification mark for conformity assessment has been improved. Previously, the marking information was indicated on both the product and the packaging, but the revised enforcement ordinance allows for optional marking on either the product or the packaging.

■ Strengthening consumer safety

A new standard has been established to allow for fines to be imposed if defects are found in commercially distributed products that have undergone conformity assessment and are not reported to the Ministry of Science and Technology. Previously, there were insufficient detailed regulations on reporting procedures and administrative sanctions for non-compliance, but the revised bill includes these improvements.

However, for businesses that faithfully take necessary measures such as reporting and collecting nonconformities, administrative sanctions will be reduced by half or exempted, thereby creating an environment in which businesses can establish a culture of safe product distribution and sales on their own.

In the case of foreign manufacturers, the notice stipulates that they must designate a domestic agent to resolve consumer damages in the event of a defect, and in order to further strengthen consumer protection, a new penalty provision has been established to allow for the cancellation of conformity assessments for foreign manufacturers that falsely designate a domestic agent.

■ Establishment of compensation system for damage caused by radio wave blocking devices

The Ministry of Science and ICT previously used electronic interception devices to suppress illegal drones flying in public institutions and other locations. However, there were insufficient provisions for compensation for damage to the lives and property of ordinary citizens and liability provisions for damage to property incurred during this process.

Accordingly, the Ministry of Science and ICT has included a regulation requiring that if damage occurs during the process of using a radio jamming device to suppress an illegal drone, the radio jamming device operating agency must first compensate for the damages and then claim the right of subrogation from the illegal drone user.

Choi Byung-taek, director of the Ministry of Science and ICT’s Radio Policy Bureau, emphasized, “Through this revised enforcement decree of the Radio Act, we will be able to create a safe radio environment by strengthening public safety and actively responding to illegal drones while easing the burden on manufacturers through effective management of conformity assessments,” and added, “We will continue to discover areas for institutional improvement so that reasonable radio regulation can be implemented in the future.”